IMPUNITY‐ PERCEPTIONS AND EXPERIENCE OF ALBANIAN CITIZENS

The “Impunity‐ Perceptions and experience of Albanian Citizens” study was conducted by IDRA between October 2016 and January 2017. The research was supported both, technically and financially by the Open Society Foundation in Albania (SOROS). This study was based on a national survey with 1200 interviews, 16 yrs. old and above (with a boost sample of 200 young from 16‐24 years old).

This second wave of the research study aims to compare the changes of public perceptions regarding the occurrence of Impunity, after reforms undertaken by the government besides the social-politics development of the country during this period.

Like the first wave of study taken in 2014, this research aims exploring the public perception of the different factors (cultural, social and economic) as well as the role of different institutions influencing the existence of the phenomenon. It also introduces a set of measurable indicators of the phenomenon, based on findings from the national representative survey.

Main Findings

The interest of Albanian citizens over the difficulties that country is facing, has shown an increase over the recent years.  In the main focus are political issues, social issues and economic issues where more than 71% of respondents claim to be “somewhat interested or “very interested” (28%) in the above issues. Although the gradual increase of interest during the last two years, is important to be mentioned that the female interest in a specific manner has shown a considerable increase ( +4% very interested and + 5% somewhat interested), meanwhile the number of females that claimed in not having interest at all has been decreased by 18%.( from 26 % in 2014).

Economy, Corruption and Misrule are figuring again as two most problematic dimensions in Albania, but with a slight decrease regarding the frequency of their problematic nature. Economy remains the main problem (82 %) the country is being faced with, but with a slightly softening, by (-7 %) in their radar problems, compared with the two years ago. Also in corruption and misrule case is being slightly softened by (5 %) compared with 2014. Meanwhile the public has added their part of attention in problematic considered as secondary in the past, like Health  (69 % more problem), Education (60 % more problem) and Environment Pollution (59 % more problem).

Although Television results again as the first source of information regarding news, “Internet”, in particular “Social Networks”, are becoming an important information medium for the Albanian citizen. A considerable number of respondents declare that actually are using the internet and more specific News Agency webpages (44%), and the Social Networks (56%) to be informed. Otherwise in 2014, “Conversation with family” “Relatives” to be informed has shown a  considerable decrease from (44 %) to  less than (1%) in 2016, an indicator that shows internet and social networks are returning a direct approach toward information, preceding in this way the dimension of human contact.

Media continues to be considered as the most successful actor in investigating and reporting on abuses / violations by high officials, according to respondents. Media although is considered to be doing a good job in this aspect  regardless the fact that often is seen to be limited due to economic – political interests. According to the respondents, with the increase of pressure toward Media nowadays, by high officials, as well by  implicated persons with political and economic  interests, is becoming more and more tough for media to carry on  their investigative work and to keep a critic approach toward the government .This is more evident considering that up to (78%) of respondents (compared with 70 % in 2014) think that Media  with oriented attitude towards the government are often more privileged in taking political and economic favors.

Very few citizens claim to have engaged in any activities to report law abuses, potential power abuses, during this 12 last months, as well as earlier. Regardless the low frequency of occurrence, participation on protest or marches, is figured out to be the most liked way of reaction of any type of abuses, meanwhile the activity has been minimal for all the forms of citizen’s reaction. However hypothetically asked, about 1 in 2 of respondents claimed to be prepared to do something in the future, particularly in the case of direct contact of a high official of any level, (51%), or making a call during a television program, writing in a newspaper or magazine, or direct sending a text message to any media or officials ( 49 % for both ways).

Impunity phenomenon is closely related with the dimension of law, non-implementation in primary plan, and dysfunction of justice’s system in secondary plan, and the corruption as a facilitator of conditions for the prevalence of impunity. Few participants think of missing laws, or their quality is very weak (21%), According to the respondents, laws exists, generally they are accurate, but are not implemented for the fault of corruption. Also, up to (70 %) of respondents think that occurrence of impunity Is widespread, followed by (26 %) claiming that this phenomenon is somewhat spread, an indicator that shows the unanimities of Albanian people for this issue.

The law in Albania, is applied in a differently for normal citizens compared to a person holding power. However, there is a deep contrast between what citizens think on the possibilities that they might be punished for different violations, and what they think is more likely to happen to a public official for the same violations. When introduced to hypothetical scenarios involving different legal violations, respondents were asked to evaluate the likelihood of them being caught and punished for these violations The Personal Impunity Index reaches 70  points on a scale from 0 to 100, whereas the High Official Impunity Index reaches only 29 points on the same scale, for the same violations.( Compared with the study of 2014), the chance of them  being cough and punished is  increased for the citizen by  8 points as well for high officials by 4 points.

In order to scale the public perception on the level of punishment / impunity and in order to somehow evaluate the “public tolerance” on different legal violations, a set of possible scenarios were introduced to respondents. For each scenario, respondents were asked to evaluate the: i) need to punish parties involved in violations/scenarios and ii) “real” chance of punishment, or in other words how likely is it for punishment to occur.

A general average with 48 points is being reached according to public opinion, very close to the medium line of impunity known otherwise as for any abuse generally is opened an investigation, but there is no conclusion reached. The respondents replied for 10 scenarios that aim to scale the level of tolerance according to different abuses and perception regarding the level of impunity of these abuses. (in the case where information is taken by Media and become public). Almost no scenario has exceeded the medium line of impunity and dissimilarities about different scenarios were not considerable, compared with 2014.Meanwhile different from other scenarios the case of “accuses of crime in parliament” has scored 69 points in a scale of 100 points. According to public opinion, in above case of accuses of crime in parliament, it is possible that responsible ones to be caught and punished according to the law, a different result, compared with two years ago, where the same dimension had reached only 26 points. This is an indicator that proceedings of some parliament members during last two years has affected positively in public opinion.

The public has been shown pessimist during appraisal of judicial work during last year. Up to 1 in 3 respondents choose to be neutral (due to the missing experience to give a specific evaluation), meanwhile about (40 %) choose to response negatively, evaluating as “Bad” (20%), or “Very Bad” (20%). Also when impartially of judges has been appraised, only (11 %)  of respondents think that judges are fair, meanwhile
the vast majority  of respondents (87%) declare that judges are impartial and influenced during the verdict.

Albanian Citizens have been informed in an average way about the reform in justice. The information that public has about the reform in justice, newly approved, it seems to be in average levels with 2.6 points, in a scale with a maximum by 5 points.

The expectations of Albanian citizens regarding the implementation of justice reform are duplicated. Regarding to approval with consensus of package of constitutional changes, about (47%) of respondents are shown optimist for execution of justice reform, meanwhile the same (41 %), declare that reform is not going to be applied.

Albanian Citizens have expressed pessimism regarding to the law of transitional revaluation of judges and prosecutors , up to 2 in 3 respondents claim that this law is going to be unsuccessful  at all ( 27 %) or somewhat unsuccessful (37 %).

Albanians in general do not think that increase of wage for judges or prosecutors is going to affect in decrease of corruption in justice system. Up to 2 in 3 respondents claim against increase of wage for judges and prosecutors, as one of the measures taken to combat corruption.

The respondents choose to evaluate positively the work of State Police but claim that law is not applied the same way for all. Although figuring as the most valuated institution, regarding the dimension of faith, there are several inside and outside problems threatening the performance of duties and competences in requested standard.

The public evaluate negatively the work of General Prosecution during the last year, (22%) “Bad”, and “18” % “somewhat bad”, or choose not to make a specific appraisal declaring nor good or bad (35%), due to absence of information or direct need with work of prosecution. Also most of the respondent (87 %) claimed that law is not applied in the same way for all by this institution.