Albania: Procedures for registering a complaint against the police; effectiveness of such procedures; statistics on police abuse of authority
Procedures to register a complaint
In Albania, an individual may file a complaint against the police through the office of the ombudsman, known as the People's Advocate (Avokati Popullit) (Albania n.d.). The People's Advocate may investigate a situation following a complaint or a request made by an "interested or injured person" or initiate its own investigations with the consent of the involved parties (ibid.). The People's Advocate has the authority to make recommendations to remedy violations committed by the government and to refer cases to a higher body should the perpetrator of the violation not respond to its recommendation (ibid.). Within the office of the People's Advocate, the second section is responsible for matters involving the police, secret services, armed forces and judiciary (ibid.). Since 2000, Ermir Dobjani has been the head of the People's Advocate (ibid.).
In its 2006 annual report, the People's Advocate indicated that there is a direct telephone line to connect people in pre-detention to police commissariats (ibid. 2007, 23.). In August 2006, the government of Albania, responding to recommendations made by the United Nations (UN) Committee Against Torture, explained that there are two telephone numbers that persons who are convicted or in pre-detention can call free of charge for assistance (Albania 17 Aug. 2006, para. 8). One number, 04 233671, connects callers to the Albanian Helsinki Committee (AHC) (ibid.), an organization that promotes human rights and is a member of the International Helsinki Federation for Human Rights (IHF) (AHC n.d.); the second number, 0800 2080, connects callers to the Directorate General of Prisons (Albania 17 Aug. 2006, para. 8). The People's Advocate recommended that there also be a telephone line connecting people in pre-detention to its own office (ibid. 2007, 23).
Regarding the inspection of pre-detention facilities, the Ministry of Interior has issued permits to officials from organizations such as the AHC, the Ombudsman's office (People's Advocate), and the Council of Europe's Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment so that their officials may conduct visits (ibid. 19 Jan. 2007).
According to the Albanian government, medical staff working in prisons must, by law, document and denounce any maltreatment inflicted upon an imprisoned person (ibid.; ibid. 17 Aug. 2006).
Draft law on state police
Concerning developments in police-related legislation, in June 2007, the Albanian Telegraphic Agency (ATA) quoted the chairman of Albania's Parliamentary Commission of Homeland Security as saying that a draft law on state police meets "requirements for Albania's membership in Euro-Atlantic structures" (4 June 2007a). Another ATA news article notes that the draft law was approved by parliament on 4 June 2007 (ATA 4 June 2007b). The Group of States Against Corruption (GRECO), an organization founded by the Council of Europe to oversee issues of state compliance with anti-corruption regulations (COE n.d.), mentions the draft law in a report on Albania's compliance with previous recommendations (COE 21 Mar. 2007). GRECO also notes that the Ministry of Interior "will no longer be responsible for the operational management of the police" (ibid.).
On 1 December 2006, the Soros Foundation, a philanthropic organization that focuses on human rights and a variety of other issues (Open Society Foundation for Albania n.d.), sponsored a gathering of civil society organizations to discuss the draft law (ibid. 1 Dec. 2006). The discussion covered issues such as ambiguity in the draft law and the lack of opportunity for civil society participation in the drafting process (ibid.). No further information on the draft law could be found among the sources consulted by the Research Directorate.
Effectiveness of procedures
Amnesty International (AI) states in its 2007 annual report that persons detained by the Albanian police often make declarations that they have been subject to maltreatment. AI reports that such claims are rarely investigated or brought to court (2007). The United States (US) Department of State reports in its Country Reports on Human Rights Practices for 2006 that, in Albania, "arrest and pre-trial detention conditions continued to be an area of great concern with cases of abuse, violence, and inhuman conditions..." (6 Mar. 2007, Introduction). The International Helsinki Foundation for Human Rights (IHF), an international non-governmental organization that promotes human rights (IHF n.d.), states in a 2007 human rights report that some pre-trial detainees have alleged that they were not properly informed of their rights or the reason for their arrest and were subject to violence by the police (IHF 2007, 11). The IHF noted that it is a challenge to authenticate these types of claims, but that "two prison officials of Kruja prison were suspended from their duties and prosecuted for alleged ill-treatment" (ibid.).
A 2006 Progress Report on Albania drafted by the Commission of the European Communities states the following:
Basic safeguards against ill-treatment during pre-trial detention such as access to a lawyer and doctor and notification of detention to relatives are not yet regularly applied. The code of ethics for the prison system is not yet rigorously observed and measures to ensure the safety of prisoners are weak. The Supervisory Commission for the Execution of Imprisonment Sentences is not yet operational. This body advises the Minister of Justice on enforcement issues and protection of the rights of prisoners and detainees. (EU 8 Nov. 2006, 11)
In its 2006 annual report, the People's Advocate reports that it has investigated incidents of "arbitrary arrest and custody, of violation committed by ... police officers, [and] maltreatment of ... detainees while in custody" (Albania 2007, 16). The People's Advocate states that in cases where police officers have engaged in maltreatment, "rigorous measures" should be taken (ibid.). The People's Advocate has recommended to the Ministry of Interior and the General Directorate of State Police that they take steps to allow lawyers prompt access to clients newly in custody on police premises (ibid., 21), and recommended to the Ministry of Justice and the General Directorate of Prisons that the unwarranted use of violence in prisons be forbidden and that violations be investigated (ibid., 22).
The People's Advocate also recommended that an investigation be carried out with respect to the criminal involvement of police officers Altin Gusho and Gezim Mullali (also Mulloli [ATA 23 June 2006] or Mullai [US 6 Mar. 2007, Sec. 1c]) in the suicide of Albanian youth Amarildo Përfundi (Albania 2007, 24; US 6 Mar. 2007, Sec. 1c). Country Reports 2006 explains that Gusho and Mullali took Përfundi into custody and questioned him, after which Përfundi committed suicide (US 6 Mar. 2007, Sec. 1c). A 23 June 2006 ATA news article states that the Ministry of Interior dismissed the police officers for serious offences related to Përfundi's death. Following the dismissal of the police officers, Mullali was formally charged and Gusho resumed duty as a police officer as the prosecutor did not have adequate proof to lay charges (US 6 Mar. 2007, 1c).
A 19 January 2006 ATA news article reports that a meeting was held in the village of Lazarat to discuss complaints made by convicted persons with respect to treatment by police officers. The attendees were Ombudsman Ermir Dobjani, village elders and local citizens (ATA 19 Jan. 2006). No corroborating information regarding this meeting could be found among the sources consulted by the Research Directorate.
A 15 April 2006 ATA news article states that police indicated that an inspection conducted by officials from Albania's ombudsman had revealed no complaints with respect to poor treatment by the police and unsatisfactory living conditions in detention rooms in Tirana. According to the news article, the police stated that no claims of violent incidents had been made (ATA 15 Apr. 2006).
Statistics on police abuse of authority
With respect to statistics on police abuse of authority, AI cites Albania's Ministry of Interior as stating that in 2006, more than 40 police officers had been "punished administratively and referred to prosecutors' offices" after being accused of various types of maltreatment of suspects at police stations (2007). AI notes, however, that it is rare that these cases reach court, and AI observes that "none had been prosecuted under Article 86 of the Criminal Code dealing with 'torture and any other degrading or inhuman treatment'" (2007).
In January 2007, the Ministry of Justice, responding to the UN Human Rights Committee, stated that since 2005, there have been four cases of violence against persons at penitentiary institutions in Lezhë, Peqin and Vaqaar and at the pre-detention centre, Jordan Misja (Albania 19 Jan. 2007). One officer and an employee at Vaqaar were dismissed for using violence against an imprisoned person and the prosecution dropped the charges against the officers at the other penitentiary facilities (ibid.).
According to the same set of comments by the government of Albania, the Ombudsman received 30 complaints of maltreatment by the police in 2005; four of those were determined to be well-founded, twenty-two were unfounded and one was abandoned (ibid.).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.
References
Albania. 19 January 2007. Comments by the Government of Albania on the Concluding Observations of the Human Rights Committee. (United Nations: CCPR/CO/82/ALB/Add. 1). <http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?docid=45f6c3a52> [Accessed 12 Sept. 2007]
_____. 2007. People's Advocate. Annual Report on the Activity of the People's Advocate 1 January - 31 December 2006. <http://www.avokatipopullit.gov.al/English/Reports/Report%202006.pdf> [Accessed 12 Sept. 2007]
_____. 17 August 2006. Comments by the Government of Albania to the Conclusions and Recommendations of the Committee Against Torture. (United Nations: CAT/C/CR/34/ALB) <http://www.unhchr.ch/tbs/doc.nsf/184758d9fcd7a2b1c12565a9004dc 312/432a241c10f2b2f3c125720c00363dc8/$FILE/G0643879.doc> [Accessed 12 Sept. 2007]
_____. N.d. People's Advocate. "General Information on the People's Advocate Institution (Ombudsman)." <http://www.avokatipopullit.gov.al/English/About.htm> [Accessed 13 Sept. 2007]
Albanian Helsinki Committee (AHC). N.d. "History." <http://www.ahc.org.al/anglisht/history.htm> [Accessed 19 Sept. 2007]
Albanian Telegraphic Agency (ATA). 4 June 2007a. Anila Struga. "Demi: Draft Law on State Police Meets Requirements for Membership in EU and NATO." (Factiva)
_____. 4 June 2007b. Anila Struga. "Draft Law on State Police Approved." (Factiva)
_____. 23 June 2006. "Interior Ministry Discharges Policemen Gusho, Mullolli from State Police." (Factiva)
_____. 15 April 2006. A. Allushi. "Police Makes Public Conclusions of Control into Detention Rooms." (Factiva)
_____. 19 January 2006. "Complaints of Lazarat Convicts to be Considered - Ombudsman." (Factiva)
Amnesty International (AI). 2007. "Albania." Amnesty International Report 2007. <http://thereport.amnesty.org/eng/Regions/Europe-and-Central-Asia/Albania> [Accessed 12 Sept. 2007]
Council of Europe (COE). 21 March 2007. Group of States Against Corruption (GRECO). Addendum to the Compliance Report on Albania. <http://www.coe.int/t/dg1/Greco/evaluations/round1/GrecoRC1(2004)11_Add_Albania_EN.pdf> [Accessed 12 Sept. 2007]
_____. N.d. Group of States Against Corruption (GRECO). "What is GRECO?" <http://www.coe.int/t/dg1/greco/general/3.%20What%20is%20GRECO_en.asp> [Accessed 18 Sept. 2007]
European Union (EU). 8 November 2006. Commission of the European Communities. Commission Staff Working Document: Albania 2006 Progress Report. <http://ec.europa.eu/enlargement/pdf/key_documents/2006/Nov/ al_sec_1383_en.pdf> [Accessed 12 Sept. 2007]
International Helsinki Foundation for Human Rights (IHF). 2007. Albania Helsinki Committee (AHC). "Albania." Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2007 (Events of 2006). <http://www.ihf-hr.org/viewbinary/viewdocument.php?download=1&doc_id=7390> [Accessed 12 Sept. 2007]
_____. N.d. "About IHF." <http://www.ihf-hr.org/cms/cms.php?sec_id=1> [Accessed 18 Sept. 2007]
Open Society Foundation for Albania. 1 December 2006. "Debate of the Civil Society about the New Draft Law Concerning the State Police." <http://www.soros.al/en/1dhjetor_police.htm> [Accessed 12 Sept. 2007]
_____. N.d. "Founder." <http://www.soros.al/en/themeluesi.htm> [Accessed 18 Sept. 2007]
United States (US). 6 March 2007. Department of State. "Albania." Country Reports on Human Rights Practices for 2006. <http://www.state.gov/g/drl/rls/hrrpt/2006/78797.htm> [Accessed 10 Sept. 2007]
Additional Sources Consulted
Oral sources: Attempts to reach an official from the Department for Security Co-operation within the Organization for Security and Cooperation in Europe (OSCE) Presence in Albania were unsuccessful. An official from the Embassy of the Republic of Albania was unable to provide information within the time constaints of this Response.
Internet sites, including: Albanian Human Rights Group (AHRG), European Country of Origin Information Network (ecoi.net), Freedom House, Organization for Security and Cooperation in Europe (OSCE), United Kingdom (UK) Home Office Border and Immigration Agency.