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Through September, the Service for Internal Affairs and Complaints SIAC received complaints of police abuse and corruption that led to administrative sanctions and criminal prosecutions. As of July, the AHC reported one case of alleged physical violence in a police facility. The Office of the Ombudsman reported that most cases of alleged physical or psychological abuse occurred during arrest and interrogation.
The CPT report noted that authorities had initiated criminal and disciplinary investigations into the allegations. Poor physical conditions and a lack of medical treatment, particularly for mental health conditions, were serious problems, as were overcrowded facilities and corruption. Conditions remained substandard in police detention facilities outside of Tirana and other major urban centers.
Physical Conditions : ARCT reported the main problems prisons faced over the year were overcrowding, increases in deaths during detention, attempted suicides, and staff turnover.
The Ministry of Interior and Transportation may issue birth certificates to children under the age of 12 whose births were not previously registered. While the law requires improved access to public and transportation infrastructure for persons with disabilities, enforcement lagged in some new public works projects and existing buildings. Writers like Emil Cioran, Mihail Sebastian , Octavian Paler, Yukio Mishima, Ernest Hemingwaysuffered from the fear of life, they were haunted by a tragic that brought about the loneliness of death. We use the approach to calculate the pdf for the rotational motion in two and three dimensions. Bach, in , there was no long tradition of passions in Leipzig.
Overcrowding was worse in pretrial detention centers. In some cases, prison officials placed inmates not subject to disciplinary measures in isolation cells due to a lack of space elsewhere. Conditions in prison and detention centers for women were generally better than those for men. The official cause of death for persons who died in detention was reported to be natural causes; there were no reports, however, of investigations to verify those conclusions.
In six of the 10 reported cases of death in the penitentiary system in , relatives complained that state authorities closed the files immediately without further investigation. Prison and detention center conditions varied significantly by age and type of facility. The Office of the Ombudsman, the AHC, and ARCT identified problems in both new and old structures, such as dampness in cells, poor hygiene, lack of bedding materials, and inconsistent water and electricity supply.
ARCT also reported some facilities had dirty bathroom facilities, no hot water, and insects. According to ARCT, the number of inmates with mental health issues increased during the year. The Office of the Ombudsman and nongovernmental organizations NGOs reported that authorities held inmates with mental disabilities in regular prisons, where access to mental health care was wholly inadequate. The government set up a working group in March to close the Zaharia prison and transfer patients to another facility.
Conditions in facilities operated by the Ministry of Interior, such as police stations and temporary detention facilities, were inadequate, except for regional facilities in Tirana excluding its commissariats, which are smaller units falling under regional police directorates , Durres, Gjirokaster, Kukes, Fier, and Korca. Some detention facilities were unheated during the winter, and some lacked basic hygienic amenities, such as showers or sinks.
Facilities were cramped, had limited access to toilets and little or no ventilation, natural light, or beds and benches. Camera monitoring systems were nonexistent or insufficient in the majority of police stations. Prisoners serving sentences for terrorism convictions in Fushe-Kruja were frequently isolated without adherence to a clear process governing their detention or a deradicalization or rehabilitation program.
Administration : The Office of the Ombudsman reported prison and police officials generally cooperated with investigations. The majority concerned the quality of health care, prisoner welfare, and overcrowding.
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The Office of the Ombudsman, however, did not refer any cases for prosecution. Corruption continued to be a serious problem in detention centers, particularly in connection with access to work and special release programs. In May, the former general director of prisons, Artur Zoto, was convicted for his involvement in creating fake procurement documents for food-supply companies.
During the year, several other senior prison staff were arrested and convicted for supplying drugs to prisoners or demanding payment for family visits. Independent Monitoring : The government allowed local and international human rights groups, the media, and international bodies such as the CPT to monitor prisons and detention facilities. In the Office of the Ombudsman conducted frequent unannounced inspections of detention facilities.
The Office of the Ombudsman inspected two detention centers during the year. Improvements : The GDP reported that, as of July, overall prison overcrowding had dropped to 3 percent from 4 percent in Both the Office of the Ombudsman and NGOs reported a decrease in cases of physical and psychological abuse in prisons. The law and constitution prohibit arbitrary arrest and detention, and the government generally observed these prohibitions. The State Police is primarily responsible for internal security.
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- Section 1. Respect for the Integrity of the Person, Including Freedom from:?
The Guard of the Republic protects senior state officials, foreign dignitaries, and certain state properties. The Ministry of Defense oversees the armed forces, which also assist the population in times of humanitarian need.
The State Intelligence Service SIS gathers information, carries out foreign intelligence and counterintelligence activities, and is responsible to the prime minister. Constitutional amendments adopted in require the government to create a new investigation service, the National Bureau of Investigation, to work with a special prosecution office to investigate corruption and organized crime.
While the government had mechanisms to investigate and punish abuse and corruption, police corruption remained a problem. The service also received 1, written complaints through August and 1, in The majority of the complaints alleged a failure to act, arbitrary action, abuse of office, or a violation of standard operating procedures. Through August, SIAC filed 77 administrative violations, recommending police officers for disciplinary proceedings, and referred six cases for prosecution.
The Office of the Ombudsman also processed complaints against police officers, mainly concerning problems with arrests and detentions.
Civilian authorities generally maintained effective control over police, the Guard of the Republic, the armed forces, and SIS, although officials periodically used state resources for personal gain and members of the security forces committed abuses. Police did not always enforce the law equitably. Personal associations, political or criminal connections, poor infrastructure, lack of equipment, and inadequate supervision often influenced law enforcement. Poor leadership contributed to continued corruption and unprofessional behavior. Authorities continued to make efforts to address these problems by renovating police facilities, upgrading vehicles, and publicly highlighting anticorruption measures.
The Ministry of Interior has established a system of vetting security officials, but the Assembly has not appropriated funds to support it.
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Impunity remained a serious problem, although the government made greater efforts to address it, in particular by increasing the use of camera evidence to document and prosecute police misconduct. The law requires that, except for arrests made during the commission of a crime, police arrest a suspect on criminal grounds with a warrant issued by a judge and based on sufficient evidence.
There were no reports of secret arrests. By law, police must immediately inform the prosecutor of an arrest. The prosecutor may release the suspect or petition the court within 48 hours to hold the individual further. A court must also decide within 48 hours whether to place a suspect in detention, require bail, prohibit travel, or require the defendant to report regularly to police.
By law, police should transfer detainees to the custody of the Ministry of Justice, which has facilities for detention exceeding 10 hours. Due to overcrowding in the prison system, detainees, including juveniles, commonly remained in police detention centers for periods well in excess of the mandated hour maximum. There was one reported case of police failing to bring suspects before a judge within the required time. On March 31, Kukes police arrested 23 protesters and issued warrants for 30 others for burning toll booths on the Durres-Kukes National Highway.
Police brought the detainees to court more than 48 hours after they arrested them. The Office of the Ombudsman criticized police for recording the time they processed the protestors, rather than the time of arrest. The Office of the Ombudsman recommended that the general prosecutor pursue administrative measures against the prosecutors handling the case. The constitution requires authorities to inform detained persons immediately of their rights and the charges against them.
Law enforcement authorities did not always respect this requirement. The law provides for bail and a system is operational; police frequently release detainees without bail, on the condition they report regularly to the police station. Courts also often ordered suspects to report to police or prosecutors on a weekly basis.
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While the law gives detainees the right to prompt access to an attorney, at public expense if necessary, NGOs reported interrogations often took place without the presence of a lawyer. Authorities placed many suspects under house arrest, often at their own request, because, if convicted, they receive credit for time served. Arbitrary Arrest : The constitution and law prohibit arbitrary arrest and detention. Although the government generally observed these prohibitions, there were instances when police detained persons for questioning for inordinate lengths of time without formally arresting them.
Pretrial Detention : While the law requires completion of most pretrial investigations within three months, a prosecutor may extend this period. The law provides that pretrial detention should not exceed three years. Extended pretrial detention often occurred due to delayed investigations, defense mistakes, or the intentional failure of defense counsel to appear. The law enables judges to hold offending attorneys in contempt of court. Limited material resources, lack of space, poor court-calendar management, insufficient staff, and failure of attorneys and witnesses to appear prevented the court system from adjudicating cases in a timely fashion.
As of July, Although the constitution provides for an independent judiciary, political pressure, intimidation, widespread corruption, and limited resources sometimes prevented the judiciary from functioning independently and efficiently. Court hearings were often not open to the public. Court security officers frequently refused to admit observers to hearings and routinely telephoned the presiding judge to ask whether to admit an individual seeking to attend a particular hearing.
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Some agencies exhibited a pattern of disregard for court orders. The government implemented an internationally monitored process to vet judges and dismiss those with unexplained wealth or ties to organized crime. As of August, 44 percent of judges and prosecutors who had undergone vetting had failed and been dismissed. As a result, only two of nine judges remained on the Constitutional Court; the others had been dismissed during the vetting process or resigned before undergoing vetting, which deprived the court of a quorum.
As of August, 15 of the 19 seats on the Supreme Court were also vacant, and the court faced a considerable case backlog. The politicization of appointments to the Supreme Court and Constitutional Court threatened to undermine the independence and integrity of these institutions. The Ministry of Justice generally did not vigorously pursue disciplinary measures against judges.
As of August, the Ministry of Justice had initiated disciplinary proceedings against four judges. The HCJ rejected the request to dismiss them, and issued a public reprimand for one. The HCJ ordered the suspension of four appellate-court judges following investigations for corruption. A second case involved appeals judges who accepted trips to expensive soccer matches in Western Europe from litigants. The accused judges had been changing lawyers frequently to delay the start of trial.