The Albanian ombudsman has highlighted the state’s practice of “arbitrarily” expropriating citizens from their properties using the argument of public interest and has not compensated them fairly or in a timely manner.
The annual report from the ombudsman’s office for 2021 took an in-depth look at human rights and legal violations reported by citizens and against the state during the last year. Property rights remain a prominent issue.
“Another problem ascertained during the Ombudsman’s operations over the years, but which continues for 2021, is the expropriation for public interest of private property by the state,” the report reads, noting that in almost all cases, the state acts “arbitrarily”.
The report said that the state fails to follow the law when dealing with property right holders as they deprive them of the property and then do not compensate them at all, fairly, or in a timely manner. This should be done in advance within the appropriate legal deadlines and for a fair rate of remuneration.
Furthermore, citizens feel powerless against the state which often uses “force” against them.
“The state, through public administration bodies, must take care of the property interests of citizens, in case of expropriation, taking into account legal due process and their socio-economic needs,” the report states.
The ombudsman continues that the constitution and the European Court of Human Rights has laws in place regarding property but these are not always adhered to. Expropriations, the ombudsman said, should only take place if in the public interest, against fair compensation, and based on the principle of proportionality.
Crucially, the ombudsman clarifies that these legal processes should be followed not just for those that are registered, but also those “that have been subject to a legal process such as assets in the process of legalisation.”
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Under Albanian law, expropriations can take place in the public interest if the project is related to the construction of a road, water supply, school, or a private project that goes beyond individual gain.
Forced evictions are a continuing issue in Albania, particularly Tirana. The issue of property rights has been highlighted on many occasions by international organisations such as the United Nations, and the EU. Expropriations are often accompanied by a significant police presence, police obstruction against journalists and even violence.
