ALBANIAN
HELSINKI COMMITTEE
THE OBSERVATION OF ALBANIAN CITIZENS’ RIGHTS BY THE PUBLIC
ORDER AND JUSTICE BODIES
Tirana,
April 2004
The observation of Albanian citizens’ rights by the public
order and justice bodies
(Based on the observations made by AHC correspondents network extended in 7 Albanian cities, written by Miss Edlira Papavangjeli, Programmes’ Coordinator with the legal advice of Mr. Niazi Jaho, Legal Advisor of the AHC)
I. Monitoring
and its objectives
The
Albanian Helsinki Committee (AHC) has continuously monitored the observation of
its citizens’ freedoms and rights in various areas. One of them has been the
observation of citizens’ rights by the police (law enforcement officials) and
justice bodies.
The
AHC correspondent network expanded in seven different cities of the country has
undertaken several monitoring missions in the area of citizens’ rights in
contact with public order and justice bodies during the period January-March
2004. The main objective was to closely monitor the observation of Albanian
citizens’ rights by the bodies of public order and police station
administration, as well as in the pre-detention facilities. Besides the
improvements made in recent years, there have been identified various
violations in these areas, based on which the appropriate interventions have
been made near the competent bodies in order to further improve the situation
and in few cases to raise the awarennes of the wide public opionin. [1]
II. Legal bases, approach and monitoring coverage
The monitoring
missions are conducted based on Albanian legislation requirements, such as: the
Constitution of the Albanian Republic, Criminal Code, Crimnal Procedure Code,
Law on “The Rights and Treatment of Prisoners”, the law on “Execution of
criminal court verdicts” and respective regulations.
The monitoring
mission covered 7 different Albanian districts such as Gjirokastra, Shkodra,
Korça, Elbasan, Kukës, Vlora and Fieri. The local correspondents themselves
conducted these missions. During these monitoring missions our correspondents
contacted heads and personnel of police stations, pre-detainees or prisoners
held or serving their sentence in the police station facilitites, as well as
their families, defence attorneys, heads of Public Prosecution, and Court
structures, etc[2].
After holding
the necessary meetings and making the relevant verifications reports were
written and the competent bodies were informed. AHC has publicly reacted and it
has issued public statements in the written and electronic media on specific
issues.
In order to inform and raise the
public awareness in general and that of the authorities on problems existing in
police stations as well as on the work in general and specifically on the
activities carried out by AHC in the area of citizens’ rights observation while
in contact with the police, there have been several radio and local television
broadcasts.
AHC
appreciates the cooperation spirit on the part of state institutions such as
the Public Order Ministry, General Prison Directorate, which equipped AHC local
correspondents with the necessary authorization and facilitated their work
while monitoring the police stations and pre-detention rooms in the
abovementioned districts. There were, however, cases of AHC local
correspondents being prohibited to interview pre-detainees or other prisoners
held in the police stations, not in the presence of the internal personnel of
that facility. It is also worth mentioning the fact that with our request, The
General Prison Directorate has taken tangible steps in transferring convicts
with final form court decision to relevant penitentiary institutions.
III. Monitoring of police stations and
identified problems
A. Transfer
of pre-detentions system and related problems
1. Article 6 of the law no. 8678, dated
14.05.2001, “On the organization and operation of Ministry of Justice”,
states: “The Ministry of Justice manages
the pre-detention system…” while Article 16 of the same law states: “The
General Prison Directorate, the institution under the authority of Ministry of
Justice, supervises and is responsible for the organisation and management of
the pre-detention system …”. This law came into effect in June 2001. Also,
based on the decision of the Council of Ministers no. 327, dated 15.03.2003 “On
transferring the pre-detention system under the authority of the Ministry of
Justice” the pre-detention rooms are transferred under the Ministry of Justice.
As a direct result of this decision, an agreement was signed between both
respective Ministries, namely, Ministry of Justice and Ministry of Public Order
in order to transfer the pre-detention system according to a plan, which was to
begin in August 2003 and finish by April 2004. Meanwhile, it is only the
pre-detention rooms in the Vlora distric police station that have been
transferred under the authority of General Prison Directorate. Based on the
observations made by our local AHC correspondent, it is evident that the
transferring of pre-detention rooms under the General Prison Directorate has
met in many difficulties, especially practical ones. As for the internal
pre-detention facility personnel, it is under the authority of the Minsitry of
Justice and provides internal safety within the pre-detention facilities, while
it is the State Police that provides safety outside this facility, also being
responsible with providing pre-detention facility with adequate food and
hygene-sanitary installations, medical service and food preparation for the
pre-detainees. Sharing responsibilities in this way has led to many problems in
the observance of pre-detainees’ rights and their treatement according to the
empowered law. During our contacts with the heads of pre-detention facilities
in Vlora this transfer was depicted as very incomplete and almost formal.
2. Regarding the transfer of other pre-detention
rooms, there can be no justification to the fact that until today the rest of
the pre-detention systems remains under the authority of the Ministry of Public
Order, while none of the deadlines has been been met. Once more, AHC suggests
that tangible steps be taken in sovling this issue in accordance with law no.
8678, dated 14.05.2001 and DCM no. 327, dated 15.03.2003.
B Convicts
with final form court decision and observation of their rights
3.
It continues to be of concern the pre-detention of convicts with final form
court decision in custodial facilities. In the last quarter of 2003,
there were few measures taken in several monitored police stations in
transferring a considerable number of convicts with final form court decision,
such as in the Korça police station where around 40 pre-detainees were
transferred, or in Kukës police station where the number of convicts
transferred reached 13.
This
lowered the level of overcrowding in the pre-detention rooms of these police
stations, nevertheless as it was stressed above, in these pre-detention rooms
are still held convicts with final form court decision such as in the
pre-detention rooms of Fieri police station (17 convicts), Korça (13 convicts),
Elbasan (12 convicts), Vlorë (5 convicts), Kukës (5 convicts), Gjirokastër (1
convict).[3]
Keeping these individuals in pre-detention is a serious violation of the rights
of this category of citizes and constitutes a law violation on the execution of
criminal court verditcts according to which immediately after a court decision
of the final form, the convict should be transferred in the penitentiary
institucion.
In
communicating with our AHC local correspondents the heads of these police
stations informed them they had presented written requests requiring the
transfer of convicts with final form court decision to the competent
bodies, nevertheless according to them the only reply they received was a
justification which stated that there was no room available in the penitentiary
institutions where the convicts with final form court decision could be
transferred to, and in the rest of the cases they got no reply at all from the
competent bodies.
It has to be emphasized the fact
that this is not the first time AHC addresses this issue. We would like to
mention the letter sent by AHC to the General Prison Directorate, where this
issue was treated in its utmost seriosity. After this letter the General Prison
Directorate took immediate measures in order to transfer to the relevant
penitentiary institution some of convicts with final form court decision
suffering of health problems, or female prisoners kept in pre-detention rooms
under minimal conditions necessary in the treatment of this category of
prisoners.
C Overcrowding,
its consequences and other living conditions within the police stations
4.
The overcrowding phenomenon continues to be quite real in each and every police
station monitored, even after the transfer of some of the convicts with final
form court decision. In several police stations such as the one in Shkodër, the
actual number of persons held in this police station was roughly three times
higher than the authorized capacity of this institution[4].
As a result the number of individuals held in one cell was about two times
higher than the authorized cell capacity. AHC local correspondents have
reported even cases of 27 persons being held in one single pre-detention room,
at a time when the real capacicity of this space was 10 to 12 persons
(Shkodër). The abovementioned facts are
a clear indication of the rights these persons enjoy for the moment, for the
simple reason because the family visiting schedule, the time prisoners or
pre-detainees should spend outdoors, cleaning, etc, was reduced with regard to
the number of persons held in these police stations.
Based
on Article 28 of the law no. 8328, dated 16.4.1998 “On the Rights and
Treatement of Prisoners” the pre-detainees have the right to spend no less then
2 hours per day outdoors, a time which could be reduced to no less than one
hour due to extraordinary hazards, upon the order of the Prison Director. During the monitoring it was noted that this
rights were not observed mainly due to the overcrowding in each of the police station
monitored.
5.
Moreover, the fact that all pre-detention rooms in the monitored police
stations were grossly overcrowded, violates the right of the individuals held
in these police stations to a normal life (Article 23 of the Law, No. 8328,
dated 16.4.1998 “On the Rights and Treatment of Prisoners”) as well as Article
24 of the same law which stipulates that the dormitories should be appropriate
spaces, well ventilated, and equipped with the necessary sanitary and hygene
conditions. Out of the undertaken monitoring it was clear that dormitory
conditions in all police stations monitored were quite bad, with high humidity,
ill illuminated, etc. Rooms were not aired and at times stank.
6.
Due to overcrowding and the small number of pre-detention rooms, the great
number of pre-detainees and convicts with final form court decision held at
police stations, there were cases of minors being held in the same
pre-detentions rooms together with the adult ones. The graviest case reported
was the one identified in the Fieri police station where 12 minors were held in
common pre-detention rooms together with adult persons
acused for serious crimes.
7. After monitoring, AHC local correspondents
reported that nutrition in these police stations was very poor, and this was
the reason why prisoners’ and pre-detainees’ families delivered them food on a
daily basis. Food storing rooms were dump places filled with microbes, as in
the case of Korça police stations. In some other cases such as in Shkodër
police station, food supplies were kept in plastic bags due to lack of food
shelves. Refrigerators to be used by the pre-detainees in order to could keep
their food fresh and unspoiled were out of question. Similar conditions violate
Article 27 of the law no. 8328, dated 16.4.1998 “On the rights and treatment of
Prisoners” which stipulates that pre-detainees and prisoners should have their
food provided for, in appropriate quantities, according to their age, health
conditions, clime and season.
8. Although there have been noted few
improvements in Gjirokastra and Fieri police stations regaring health care,
this service in other cities left much to be desired. Medicine supply for these
institutions remains a major concern and in most of the cases the doctor or
nurse would treat his patients only will paracetamol (equivalent of Tylenol) or
aspirine. It was pre-detainees’ family members or prisoners themselves who
provided for the rest of the medicaments. Pre-detainees and prisoners being
held in the pre-detention rooms should have access to medical care at all times
based in Article 33 of Law No. 8328, dated 16.4.1998 “On the rights and
treatment of prisoners”. According to the same law, medical services during
pre-detention include: diagnosis and treatment; also supply with medicine and
medical instruments as well as prophylaxis from other illnesses.
9.
Another distressing problem mentioned in the reports written by AHC local
correspondents was the fact of pre-detainees or convicts with final form court
decision suffering of mental or physical illnesses. For example, in
Vlora pre-detention facility during the monitoring period there were at least 8
persons suffering of mental and physical illnesses. In Fieri police station
there were 2 persons suffering of psychical disabilities as well as convicts
with final form court decision suffering of chronic illnesses[5].
There have been reports on other cases in Kukës dhe Korça, where pre-detainees
suffering of chronic illnesses were held in inappropriate pre-detention
conditions.
D. Hygene and sanitary
conditions
10.
The monitoring of seven police stations showed that ensuring personal hygene
conditions for the pre-detainees and prisoners left much to be desired. The
acute problem of overcrowding made it almost imposible taking all the necessary
measures to guarantee optimal conditions for personal hygene of prisoners or
pre-detainees. This distressing situation goes against Article 26 of the Law
No. 8328, dated 16.04.1998, "Prisoners should be provided with the
necessary indicated space, equipement and means in order to maintain personal
hygene, all this in proportion to the number of users, in order to guarantee
optimal personal hygene".
11.
Shower and toilet infrastructure and was quite bad in all monitored police
stations. Every detainee has the right to shower once in 10 days, but
conditions in police stations, with a disturbing overcrowding, did not allow
improvements in this respect.
E. The right to meet
family members or relatives
12. The monitorings showed that visits of
family members or relatives were limited due to overcrowding as well as lack of
appropriate infrastructure in these institutions. For example, generally in
Shkodër, there were two alternating pre-detainees meeting simultaneously with
their family in the same room.[6]
F. The right to be
informed
13.
Also, pre-detainees and arrested individuals were prohibited from reading
written materials such as newspapers, books, letters or possessing writing
tools, violating thus Article 75 of the law no. 8328, dated 16.04.1998 "On
the Rights and Treatment of Prisoners ", where it is stated that: “Clauses
of this law shall apply even to arrested and pre-detainees, respecting the
relevant limitations put forward in other laws”.
G. The right to have legal
defense and knowledge on other rights
14.
The Constitution of the Republic of Albaina in the Article 31/ç stipulates that
everyone charged with a criminal offence has the right to defend himself in
person or through legal defender of his own choosing, has the right to freely
and confidentially communicate with him and if he has no sufficient means to
pay for legal defense, to be provided with free legal defense. Also, the Penal
Procedure Code, Article 6 and 463/2, stipulates that the defendant/convict has
the right to defend himself in person or through legal defender of his own
choosing. If the person has no sufficient means to pay for legal defense, then
to be provided with free legal defense. Form interviews with pre-detainees in
the police stations of Gjirokastra, Shkodra dhe Fieri, resulted that meetings
with their attorney had been regular, while in Korça, Elbasan and Vlora some of
the pre-detainees were never provided with a lawer, and this right was negated
to them several times. Interviews with the pre-detainees showed that in some
cases lawyer were not selected according to the list, but based on the police
preferences, and called at the end of the investigation processes without
reading their content. Also, the interviewed complained about the free
legal assistance service provided, whose quality leaves much to be desired.
15. Also not in all cases the arrested or
pre-detainees were read their rights guaranteed by the law at the moment of the
apprehension or arrest. They were usually informed on their rights after being
provided with a defence attorney.
H. Other problems
16.
AHC
local correspondents in their reports underscored the pre-detainees and
prisoners’ allegations on use of physical violence against them by the police
at the moment of arrest or apprehension and in custody. Our correspondent in
Korça city reported that during her interviews with the pre-detainees, they
complained of the poor conditions and illtreatement by the administration of
these police stations.
17. Our local correspondents in Shkoder and
Vlora have reported cases of noncoordination between the judiciary and the
police stations administration, which is responsible for escorting the
defendents in the hearings sessions. As a result, there have been cases of few
judges appointing the hearing seasions in the same hour, which has created
difficulties in providing enough escorte police for the defendant taking part
in sessions held in district courts.
IV. Recommendations
1. Regarding the pre-detention system
transfer, AHC calls to all competent bodies to take tangible steps in applying
and observing the law no. 8678 dated 14.05.2001 and of the CMD No. 327 dated
15.05.2003.
2. Measures should be taken in order to
transfer all convicts with final form court decision in the adequate
penitentiary institutions or change in their favor the time of sentence served
in the pre-detention faciliteies as foreseen by law.
3. More efforts should be made in
improving the infrastructure of police stations, improving in turn the living
conditions in the pre-detention rooms, which will result in better observance
of the pre-detainees’ rights.
4.
Relevant bodies should pay more
attention to the classification process prisoners’ or pre-detainees’
security/or custody level and their placement in the pre-detention roomes.
5. Separation of the minors from the adult
pre-detainees should be made with great care.
6. Equiping a police station with
refrigerators is necessary in order to keep unspoiled the food meant for the
pre-detainees. Also the latter ones should not keep food in their pre-detention
rooms.
7. Measures should be taken to guarantee
appropriate sanitary and hygene conditions, providng thus the pre-detainees
with the possibility of maintaining appropriate personal hygene.
8. Effective
measures should be taken in order to provide medical care for the pre-detainees
as foreseen by law. Measures should be taken in order to guarantee a sufficient
supply of pre-detention facilities with medicaments.
9. Pre-detainees suffering of mental or
psychical illnesses, or chronic illnesses should be transferred to special
institutions as foreseen by law.
10. Pre-detainees should have access to
newspapers, books, etc. We shall emphasise once more, that if other measures
taken against the arrested or pre-detainees are deemed necessary, apart from
those set forward in the law no. 8328, dated. 16.04.1998, they can be taken
only if stated or included in other laws (therefore not in regulations or
by-laws). AHC suggest a strict application of the Article 75 of the law no.
8328 "On the Rights and Treatment of Prisoners”.
11. Pre-detainees should have their rights
read to them from the first moment of their arrest or apprehension, including
here the right of free legal assistance, even in cases when the latter ones do
possess sufficient financial means to pay for legal assistance.
12. State Police bodies and District Courts
should take measures to better coordinate between them in order to avoid the
futile procrastinations of the criminal procedures.
Appendage
No. 1
I Monitored Police Stations
and Monitoring Period (in alphabetic order)
1. Elbasan Police Station 14, 21, 27, 28
February 2004
2. Fieri Police Station 22 March
2004
3. Gjirokastra Police Station 6, 10, 25, 27
February 2004; 3 March 2004
4. Korça Police Station 15 – 18
February 2004
5. Kukës Police Station End
of January and throughout February
6. Shkodra Police Station 30 January 2004;
20 February 2004
7. Vlora Police Station 1–10 February 2004;
20–29 February 2004
II Interviewed
individuals during the monitoring missions
1.
The following individuals were contacted and
interviewed in Elbasan police station:
a-
Elbasan district police
administration
-
Elbasan police chief
-
Acting Prison Superintendent/Head of Pre-detention
Rooms
-
Other administration staff
b- Held,
arrested, detaineed and sentenced individuals
-
22 individuals contaced and interviewed
c- Others
-
Other district police officals
2.
The following individuals were contacted and interviewed
in Fieri police station:
a-
Fieri district police
administration
-
Police Station Chief
-
Head of Crimes Office
-
Head of Pre-detention Rooms/ Acting Prison
Superintendent
-
Other administration staff
b- Held,
arrested, detaineed and sentenced individuals
-
Few individuals contacted
-
2 individuals interviewed
3.
The
following individuals were contacted and interviewed In Gjirokastra police
station:
a-
Gjirokastra district police
administration
-
Police Station staff
-
Police Station medic
-
Other administration staff
b- Public
Prosecutors and various judges
-
2 Public Prosecutors
c- Held,
arrested, detained, and sentenced individuals
-
9 persons interviewed
- The following
individuals were contacted and interviewed In Korça police station:
a-
Korça district police
administration
-
Police Station Chief
-
Chief of Public Order (commanded????)
-
Commander of Pre-detention Rooms/ Acting Prison
Superintendent
-
Police Station Medic
-
Other administration staff
b- Pre-detainees’ Defence Attorneys
-
3 Defence Attorneys
c- held, arrested, pre-detainees, and sentenced individuals
-
40 individuals contacted
-
20 interviewed
d- Others
- Pre-detainees’ families and relatives
5.
The
following individuals were contacted and interviewed In Kukës police staion:
a-
Kukës District Police Administration
-
District Police Chief
-
District Police Deputy
-
Public Order Chief
-
Chief of the Crimes Department
-
Chief of the Propaganda and Secretary Office,
-
Information Office staff
-
Internal Guards in the Pre-detention Rooms
-
Head of Pre-detention Rooms/ Acting Prison
Superintendent
-
Head of the Disiplinary Commission
-
Section Commandant
-
Other administration staff
d- Held,
arrested, detaineed, and sentenced individuals
-
40 persons contacted and interviewed
- The following
individuals were contaced and interviewed In Shkodra police stations:
a-
Shkodra District Police
Administration
-
Head of Pre-detention Rooms/ Acting Prison
Superintendent
-
Other administration staff
b- Held,
arrested, detaineed and sentenced individuals
-
14 persons interviewed
c- Others
-
Chief of Public Order Office near the District Police
Directory
- The
following individuals were contated and interviewed in Vlora police
station:
a-
Vlora District Police
Adminstration
-
Police Chief
-
Police Station Medic
-
Other administration staff
b- Public
Prosecutors and various judges
-
Deputy Public Prosecutor of Vlora District
-
Other Public Prosecutors
c- Pre-detainees’ and Arrested
Defence Attorneys
-
5 Defence Attorneys
d- Held,
arrested, detained and sentenced individuals
-
96 individuals contaced and interviewed
Appendage
No. 2
Correspondence kept between AHC
and state institutions operating in this area
Appendage
No. 3
AHC correspondents’ coordinates
