This article analyzes the systematic violation of human rights in communist Albania (1944-1992) under the guise of a formal legal and constitutional framework. The central thesis posits that the Albanian state under Enver Hoxha constitutes a profound juridical paradox: a constitution guaranteeing fundamental rights was instrumentalized to legitimize a totalitarian regime that brutally suppressed those same rights. Through a historical analysis of constitutional documents, legal statutes, reports from international organizations, and academic research, this paper demonstrates how the regime institutionalized illegality, with the ruling Albanian Party of Labour itself operating outside the law. The judiciary and the secret police (Sigurimi) were the primary instruments of repression, leading to widespread executions, imprisonments, and the complete abolition of political, economic, and religious freedoms. The study concludes that the post-communist transitional justice efforts have mainly been inadequate in addressing the scale of these atrocities, leaving a complex legacy that continues to affect Albanian society. This examination of Albania’s unique case offers critical insights into the mechanisms by which totalitarian regimes co-opt the language and form of law to perpetuate oppression.
Keywords: Albania, Enver Hoxha, Human Rights, Sigurimi, communism, juridical paradox, totalitarianism, transitional justice
