The Disappeared of Spaç

Regarding the acts that determined the practice followed for the burial of the bodies of the executed, the killed, and the deceased in camps, prisons, or solitary cells.

Two regulations are known from the years 1965 and 1977, approved by orders of the Minister of Internal Affairs, numbered 01-68, dated 16.10.1965, and 01-33, dated 24.10.1977, respectively.
In the regulation of 1965, it is stated expressly in article 38 that “the minutes of the medical examination of the killed and the minutes kept at the place of execution, remain without being destroyed for three years from the day the execution is carried out”, whereas in the Regulation of 1977 “On those convicted who die or are executed” the non-delivery of the body is emphasized for any prisoner, killed or deceased, without distinction between political and non-political prisoners. The only distinction is that on the grave of the former political prisoner a number had to be marked, and on the grave of the former non-political convict the name and surname had to be marked.

This chapter was changed by an instruction of the Minister of Interior with no. 01-90 dated 08.06.1983 “To regulate some shortcomings that have been observed in the practice up to now, for the fulfillment of citizens’ requests, when their relatives who are convicted, arrested or detained, die in re-education camps, prisons or in solitary cells”. According to this instruction, the bodies of the deceased—former non-political prisoners, must be given to their family members; even the mortal remains of those deceased years earlier may be returned, after at least 3 years have passed from the time of burial.

Whereas the bodies are not given of persons sentenced to death, who are executed after the Presidium of the People’s Assembly has not granted them life, persons convicted for crimes against the state, persons who due to their social dangerousness are treated in a special manner by a special order of the Minister of Interior.

Also, in this instruction, it is stated that for the bodies of those killed while attempting to escape, etc., and who are unidentified, they may also be given to medical institutions for their activity. In the known burial sites of the killed and the deceased in prisons over the years, until June of 1983, remains may also be found of non-political prisoners, deceased.

The rules that were followed regarding the bodies of the killed and the deceased of the arrested and the convicted in the investigation detention facilities, the camps, and the prisons of the communist regime in the years 1945–1991, are from norms distributed in the most discreet possible manner, due to the practices followed which in most cases were crimes in themselves. To illustrate we cite a paragraph of an order of the year 1986, of the Minister of Interior of that time, Simon Stefani, where it expressly states: “Point 9. The order of the Minister of Interior is repealed and to be destroyed according to the rules by the organs and units themselves”. Thus, in the practices followed, not only have orders been repealed, with later orders, but also many of them have been destroyed.

Question: Who is considered a disappeared person during the period of communism?? 

Answer:
In Albania there is no specific law on persons disappeared during the communist regime that determines who will be considered a disappeared person during this period. According to law no. 114/2020 “On some amendments and additions to law no. 45, dated 30.4.2015, ‘On the right to information on the documents of the former State Security of the People’s Socialist Republic of Albania’”, for the first time this definition is given: “Disappeared person”, according to the scope of this law, is the person arrested, imprisoned, abducted, or whose liberty has been taken in any other form by agents of the state or by other persons or groups of persons, who have acted with the authorization, support or approval of the state, followed by the denial of acknowledging the deprivation of liberty or by the concealment of the fate of the disappeared person or of the place where he is, removing him from the protection of the law.

Question: Who can report about a disappeared person?

Answer:
1. The family member of the disappeared person has the right to report on this issue, referring to law no. 45/2015, as amended. Based on article 22 of this law, the order of priority is this:
a) spouses;
b) children;
c) grandchildren, when the persons mentioned in points ‘a’ and ‘b’ are deceased or declared missing;
ç) parents, when the persons mentioned in points ‘a’, ‘b’, and ‘c’ are deceased or declared missing;
d) siblings, when the persons mentioned in points ‘a’, ‘b’, ‘c’, and ‘ç’ are deceased or declared missing;
dh) The children of brothers and sisters, when the persons listed in the previous categories have died or have been declared missing.
2. Responsible state authorities, such as: the State Police, the Files Authority, IPP, according to the field of their activity regulated by law or by sub-legal acts.

Question: Where can it be reported about finding a disappeared person??

Answer:
The request can be addressed to:
– The Authority for Information on the Documents of the former State Security. Address: info@autoritetidosjeve.gov.al
– The Institute for the Integration of Former Politically Persecuted Persons.
Address: Rr. “Xhorxh W. Bush”, Vila 2-katëshe nr. 7, Tiranë, e-mail: info@ishperndjekurit.gov.al
It can also be reported to the ICMP Online Research Center, which is an online resource that can be used by the families of missing persons.
Read more in the Guide for the rights of family members of persons disappeared during the period of communism.

On the basis of Law no. 45/2015, as amended in December 2022, the role of AIDSSH has been determined in relation to the process of finding persons who disappeared during the communist dictatorship.

In Article 5 of the law, paragraph 1.1 was added, which provides as follows:

“For the purpose of determining the state of facts and circumstances related to the case, the Authority may:

1. a) Collect statements from the parties, witnesses, and experts, while guaranteeing in every case the confidentiality of individuals who provide information as persons involved or having knowledge of the circumstances of the case;
2. b) Obtain other documented materials through photographic recording means or other technical means;

c) Visit and inspect objects or places that are related to the process.” 

Likewise, in Article 5 of the law, paragraph 1.2 was added, which enables the conduct of administrative verifications for the purpose of clarifying the circumstances and facts of specific cases.

“Every person is obliged to cooperate with the Authority when it appears that they have knowledge of the circumstances of the case, are requested to provide information as a person involved or as a person having knowledge of the circumstances of the case, or when they themselves possess information that assists the Authority in its work. The Authority, in the implementation of this law, has the obligation to guarantee confidentiality for every person who cooperates.”

Based on these legal amendments, with the aim of more detailed regulation of the methodology and procedures for carrying out administrative verifications in implementation of paragraphs 1.1 and 1.2 of Article 5 of Law no. 45/2015, as amended, the Authority, by Decision no. 625/10, dated 30.03.2023, approved the Guideline “On rules and procedures for the verification of circumstances and facts on the documents of the former State Security”.

Subsequently, by Decision no. 374, dated 02.06.2023, “On the approval of the initiation of the administrative investigation procedure with the aim of clarifying fate, identifying and recovering the remains of political prisoners who died or disappeared during the serving of their sentence, in Spaç Prison”, the administrative investigation was initiated for the finding of remains and the clarification of the fate of prisoners who were executed, killed, or died in prison while serving their sentence in Spaç Prison.

The administrative investigation has focused on several key actions:

1. Inter-institutional communication: Contact with institutions that may hold information about those killed, executed, or deceased in the Spaç prison camp, whose remains were never returned to their families and whose whereabouts were kept secret.
2. Document search: Deep research for locating regulations, orders, and directives that established the practices followed regarding the bodies of executed, killed, or deceased prisoners.
3. Interviews with former prisoners: Questioning of former prisoners to learn the truths they witnessed during their imprisonment, and to identify the names of the police officers and guards who served in the prison.
4. Communication with the families: Contacting the families of missing persons to learn about the efforts they have made to locate the remains of their relatives. Additionally, reaching out to families who have already found the remains of their loved ones to understand the hardships they endured and to gather information about the police officers and prison staff who assisted them in obtaining details for the search.
5. Visit to burial sites: Visit to burial sites where remains have been found and collection of data to clarify the procedures followed in cases of executions, killings, deaths, and burials of bodies.
6. Communication with former prison staff: Contacting former prison staff to learn what they know or remember about the procedures followed and the locations where prisoners who were killed or died were buried.
7. Cooperation with associations of former politically persecuted persons: Mbledhja e të dhënave që këto shoqata kanë ose mund të gjejnë.
8. Visits to identified or suspected burial sites: Investigation and collection of evidence at suspected burial sites, such as the Spaç burial site, and the exclusion of other burial sites, such as the alleged Gziqi burial site in Mirditë.
9. Cooperation with local authorities: Coordination with local authorities for the protection of suspected burial site areas from alterations and their clearing.
10. Meeting with local leaders of the State Police in Mirditë: Informing them about our findings and determinations, transitioning from merely raising awareness to assigning them responsibility for the protection of the area identified as a burial site.

The draft Council of Ministers Decision (Draft-CMD) “On the determination of Responsible Authorities for the finding, identification, and recovery of the remains of persons who disappeared or were executed during the period of communism in Albania, 29 November 1944 – 2 July 1991, as well as the manner of protection and preservation of identified or suspected burial sites of persons disappeared during this period”, has been drafted within the framework of the process of identification and recovery of the remains of persons who disappeared or were executed, as well as the manner of preservation of identified or suspected burial sites of persons who disappeared or were executed during the period from 29 November 1944 to 2 July 1991.

The Draft-CMD proposed by AIDSSH aims to determine the responsibilities in the process of identification and recovery of the remains of persons who disappeared or were executed, as well as the manner of preservation of identified or suspected burial sites of persons who disappeared or were executed during the period from 29 November 1944 to 2 July 1991.

This draft is the result of interinstitutional cooperation among AIDSSH, the General Prosecutor’s Office, the Ministry of Interior, ICMP, the General Directorate of State Police, the Institute of Forensic Medicine, and the Institute of Scientific Police, which have analysed legislation and competencies, provided opinions and suggestions, articulated needs, limitations, and concerns, and have also become familiar with models and practices among the best in this field. These institutions, with the support of the Konrad Adenauer Foundation and the Croatian Ministry of Veterans’ Affairs and in cooperation with the OSCE, have also become acquainted with the Croatian experience in this field, through a study visit conducted in September 2022. Also, worth mentioning are the video conferences between the interinstitutional working table and Croatian counterpart authorities.

Over the years, the Authority has sought to advance the process of collecting information to clarify the fate of the disappeared, where currently there are 297 registered requests for clarification of the fate of the disappeared. Additionally, the Authority has received a request from the Archdiocese of Shkodër, through which it is informed of the persecution of the Catholic clergy by the communist regime and the execution of 38 Catholic clerics, the remains of 28 of whom continue to be missing. Worth mentioning is also the request addressed by the Association of Former Politically Persecuted of Shkodër, with a list containing 315 applications from family members of the disappeared, for clarification of the fate of their missing relatives.

On the basis of the amendments made to Law no. 45/2015 in December 2022, the Authority has also undertaken three administrative decisions during the year 2023, which serve the clarification of the fate of the disappeared, specifically:

• Decision No. 371, dated 30.05.2023, for initiating the administrative investigation of initial cases;
• Decision No. 374, dated 02.06.2023, for initiating the administrative investigation related to Spaç Prison;
• Decision No. 535, dated 29.08.2023, for initiating the administrative investigation of the disappeared in Shkodër.

Considering the high number of requests for clarification of the fate of the disappeared, without overlooking the requests addressed by family members to the Institute of Former Political Persecuted Persons and ICMP, as well as the identification of several suspected burial sites, the approval of this Draft-CMD is necessary for the realization of the process of identification and recovery of the remains of persons who disappeared or were executed, as well as for the manner of preservation of identified or suspected burial sites of persons who disappeared or were executed during the period from 29 November 1944 to 2 July 1991.

With the approval of the draft decision, it is envisaged that:

• The identification and recovery of the remains of persons who disappeared or were executed will provide necessary answers to their families and uphold their human rights.
• The preservation of identified or suspected burial sites will aid in further identification of missing persons and in preserving the country’s cultural and historical heritage.

The determination of responsibilities and modalities of cooperation among institutions will contribute to a coordinated and efficient approach to this sensitive issue.

If you are aware of former political prisoners who served their sentence in Spaç prison camp and are reported as missing, click here to download the form. here.