People infected with COVID-19, who are quarantined at home or treated in hospital will not be able to vote in the April 25 elections, according to Public Commissioner Ilirjan Celibashi.
Celibashi said in an interview with ABC that no one will be prevented from entering the polling station but “those who are forced to be quarantined should not leave the apartment, as otherwise, they will be in violation of the law, they pose a risk ”.
The head of the CEC explained that the Electoral Code stipulates that ” if you are going to vote, you will have to go to the polling station”.
“We do not have a system for sending boxes home,” he said, unlike in Kosovo where COVID-19 infected people voted in hospitals as voting was provided for people with special needs.
“The one who is infected will touch the ballot paper that will be taken by the commissioner. The number is significant, but there are some things we need to balance. “, Declared Celibashi.
There are currently 33,946 active infected with COVID-19 who, if the election were to take place today, would not be able to vote. This is a significant number in a country with 2.8 million people.
Prime Minister Edi Rama previously said that people with COVID-19 wouldn’t be able to vote and that this was the same as in other countries.
“We will do the same thing that other countries have done. Those who have tested positive will stay home. They should be self-quarantined, it’s not a question.”
Firstly, many other countries have allowed voting from those who are positive. The vast majority of those that have held elections during the pandemic has allowed those with COVID to vote.
For example, in the US, the CDC stated that those who are positive have the right to cast a ballot.
“Voters have the right to vote, regardless of whether they are sick or in quarantine.”
Patients in Croatia were able to vote by proxy following the matter being ruled upon in the Constitutional Court.
Australia, India, Montenegro, the USA, South Korea, and Spain allowed postal voting. Bermuda allowed advance voting. Belarus, Czech Republic, Lithuania, Italy, New Zealand, North Macedonia, Suriname, Jamaica, Malaysia, India, Sri Lanka, and Israel allowed home and institutional-based voting with special arrangements in polling stations.
Belize, Singapore, Taiwan, Chile were the only ones that excluded COVID-19 positive voters.
Furthermore, preventing citizens from voting is in violation of the Albanian Constitution and the decisions of the Strasbourg court.
The Constitution of the country guarantees the right to participate in elections to all citizens except when:
1— Citizens declared by a final court decision as mentally incompetent,
or,
2 – When the law sets restrictions for those serving a sentence.
The Constitution also provides that fundamental rights, including participation in elections, may be limited by law, in the public interest, and in a proportionate manner.
Parliament has not enacted any law restricting the right to vote for persons infected with Covid-19, and there is no argument for the propensity of the restriction.
Whereas, the Strasbourg Court has argued that it is the duty of the state to create the possibility of participation of all citizens in the elections.
In the case of Yumak and Sadak v. Turkey, the ECHR ruled that the state should “treat all citizens equally in the exercise of their right to vote and their right to be represented in elections.”
