Controls in Border Crossing Points
In the field of border control the following developments can be reported:
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Work has continued to further enhance the infrastructure at the different border crossing points. The project for a complete reconstruction of the BCP Hani I Hotit (towards MNE) was finalized and – after the tendering procedures of the construction works the begginig of the construction works is expected to start. Progress was achieved, as regards the plan for a complete reconstruction of the BCP Morina (towards Kosovo),. The procurement for the conceptual design was successfully completed. The realization of the first phase is expected to start immediately after the tendering for the construction works.
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Negotiations on the Implementing Protocol to the Agreement between the Government of Montenegro and the Council of Ministers of the Republic of Albania on the Determination of a joint Border Crossing Point Zatrijebacka Cijena – Grabon have been finalized and the signing of the Protocol as well. The beginning of the construction works for this new BCP are expected to start soon.
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A plan was also elaborated and agreed between all authorities involved to enhance the infrastructure at the BCP of Muriqan.
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In order to improve cross-border cooperation, emphasis has also been put on further enhancing the issue of Police Cooperation Centres. Besides the centres of FYROM (Qaf Thane) and Kosovo (Morina; to be greatly enhanced in the new planned facilities) works have progressed as regards the establishment of a trilateral centre in Plav (border MNE-KOS; with the participation of ALB). In this context MNE has also finally agreed to solve the issue of the pending bilateral contact Point in Muriqan. After the consent of Italy, progress was also achieved as regards the establishment of a trilateral centre (ALB – EL – IT).
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Talks with Greece have now successfully been scheduled for the beginning of May. In this context a further bilateral contact point at the BCP Kakavije (mainly as contact point for readmission issues) will also be discussed.
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In order to bring the legal base for border control in full compliance with the EU- and Schengen Acquis, a new Law on Border Control is being drafted. In accordance with the Integrated border Management Strategy and Action Plan 2014 – 2020 a working group was established to analyse the existing law and the relevant Schengen Acquis, that should be approximated with.
Trainings completed:
In order to enhance the capacities of the border control structures, during this period, 37 trainings were conducted, where 571 border police officers were trained on a number of important topics.
Measures against Asylum Seeking
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The Task-Force established for the monitoring of the free movement was gathered on April 20, 2015, with representatives from all relevant ministries. Several decisions were taken regarding the activities to be performed on information and awareness of the citizens on rules of the free movement in Schengen area. The Border Police is being rigorously focused on respecting the law concerning the equipment with the necessary documentation, monetary guarantees, double checking for the people that have violated the rules of free movement and the returnees.
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On December 2014 a total of 265 Albanian citizens were not allowed to exit Albania. The grounds for refusal included non-compliance with criteria for entry into the EU.
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Specifically related to asylum seeking through the tourist agencies, the section of Illegal Trafficking referred 5 cases to the prosecution of judicial district of Fier, Kukes, Vlore for the period January-April, 2015 on the offense of “Provision of illegal assistance in border crossing”.
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Border and Migration Police pays special attention to minors that cross the Albanian borders, whether accompanied by adults or not. In cases when children are accompanied by parents, interviews regarding the purpose of travel and stay are conducted in the interest of children when they enter or exit Albania. Based on the analyses made regarding the border crossing of the minors in border, it results that from January 2015, 645 minors equipped with Power of Attorney were allowed to travel towards Greece,. Meanwhile, exit has been refused from the State Police to 93 Albanian minors. Also, for the same period of time, 18 minors have been caught in the act while attempting to cross border that have been sent to their families after the interview.
Refering to the application for the change of the name and the surname, according to the law it may be presented once and only for reasons of inadequacy. The law stops any changes when the citizen is under prosecution or trial or in cases the citizen has been subject to a deportation order.
Inter - Institutional Maritime Operational Centre (IMOC)
The Inter-Institutional Maritime Operational Centre continued to pay attention to the improvement of cooperation and coordination between the institutions involved in the blue border management. This has led to a better cooperation between institutions involved in the management of the blue border.
The Inter-Institutional Operations Maritime Centre (IMOC) has carried out 719 vessel verifications, 908 patrols, 16 operations against trafficking of narcotics, 6 SAR operations and 6 operations against illegal fishing.
Also attention was paid to Integrated Sea Surveillance System aiming at increasing the capacity of monitoring, operation and monitoring in the fight against organized crime in the maritime space.
24.2 Migration
In the period January 2014 - December 2014, 22,028 Albanian nationals have been returned. At all border crossing points where there is readmission of returnees, returned Albanian citizens are informed on the reintegration opportunities and migration counters where to be directed to in the regions they live. In the special premises for the reception of returnees in border crossing points and BMP stations, bill-borders are placed with information for the reintegration.
During 2014, 10,571 returned Albanian citizens were registered to the family doctor. 3940 children of returned Albanian citizens aged 0-14 years old have undergone vaccination. In all regional directorates of health, it was carried out the information and orientation of returned Albanian citizens through social workers or the persons in charge.
During 2014, a total of 834 Albanian citizens returning from abroad were registered at the Migration counters at employment offices. According to the services received at the migration counters, 70% are advised for employment, 24.5% of them are oriented towards professions, 5% were oriented on the possibility of opening a business, 12% of them have received economic aids, 26% are informed about medical services, 7% have been provided other services.
During January - December 2014, State Social Service has conducted socio-economic assessments for 11 biological families of children before their return. 6 cases of repatriated children were received at the border crossing points and were escorted to their families. Social workers of the respective Regional Directories have dealt with the reintegration of the repatriated children in the family. NGOs, such as IOM and Terre des Hommes, have helped with their financial and professional assistance in the return of three cases. Constant monitoring has continued by the social worker of the Regional Directorate of Social Services who has concluded that 91% of repatriated children are reintegrated into school and family.
For the period January 2014 - February 2015, the Ministry of Foreign Affairs and the Albanian diplomatic and consular representations abroad have worked together to disseminate information on reintegration to interested Albanian citizens. They have provided information for promoting and attracting emigrants for tourism and investment, voluntary return and the rights enjoyed on their return in Albania, as regard the economic field, by providing them informations and supplying them with informative materials on the lifestyle and markets in Albania. In order to support the reintegration of the returned Albanian citizens from rural areas, through the programs for the encouragement of investments in agriculture, it was approved the Joint Instruction with the Ministry of Finance No: 4, dated 11.04. 2014. “On the procedures and the way of administration of the Program Fund for Agriculture and Rural Development”. According to this instruction, priority will be given to the returned farmers that apply in this program.
During the period September 2014 - April 2015, efforts were made to increase the capacities to manage migration.
A Manual on providing services at the Migration Counter was prepared and published in early 2015. In February 2015 this Manual was distributed to employees of Migration Counters. The Manual is intended to give orientation, advising and assist employees of migration counters in their daily work with Albanian citizens returning from abroad.
In terms of infrastructure:
The Electronic Module on the Treatment of the Illegal Foreigners”, part of the Electronic Register on the Foreigners, which enable the on-line registration of the foreigners evidenced as irregular in the territory or at BCP including the registration of biometric data (finger prints and photo) is on operation.
In terms of legal framework:
Based on the Law 108/2013 "On foreigners" and DCM 513, dated on 13.06.2013 "On defining the criteria, procedures and documentation for entry, stay and treatment of foreigners in the Republic of Albania the following were prepared and are under approval process:
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Draft Guideline of the Minister of Internal Affairs Guideline “On treatment procedures of foreigners who do not meet or do not meet anymore the criteria for entry and stay in the territory of the Republic of Albania",
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Draft Guideline of the Minister of Internal Affairs and State Informative Service “ On the Cooperation between the structures of the Ministry of the Internal Affairs and State Informative Service on the procedures for issuing of residence permits for foreigners,
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Draft Guideline of Minister of Internal Affairs Guideline and State Minister of Foreign Affairs and Informative Service “On the Cooperation among the structures of the Ministry of the Internal Affairs, Ministry of Foreign Affairs and State Informative Service on the procedures for issuing visas to foreigners.
Activities carried out:
During the reporting period the Department of Border and Migration coordinated the realization of 63 operations for repatriation of Albanian nationals from EU countries to Albania, with FRONTEX and interested countries of the EU, as described below:
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From France 49 operations with 515 citizens
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From the United Kingdom 7 operations with 368 citizens
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From Germany 2 operations with 81 citizens
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From Sweden 1 operations with 61 citizens
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From Belgium 2 operations with 51 citizens
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From Spain 1 operations with 36 nationals
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From Luxembourg 1 operations with 12 nationals
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Total 63 operations with 1124 citizens
Albanian escorts (trained by FRONTEX) have led two collecting Joint Return Operations on 29 January 2015 and 24 March 2015 (coordinated by FRONTEX and monitored by the Ombudsman and the NPM).
860 readmission operations with 7,747 citizens were carried out with Greece at the common border (Albanian citizens caught /identified residing illegaly in Greece).
In the framework of implementation of the EU-Readmission Agreement there were in total 13,655 Albanian citizens returned / readmitted from countries of EU/SAC.
24.3 Asylum
Pursuant to instruction No. 346, dated 27.11.2014, 18 people have been granted refugee status or subsidiary protection in the Republic of Albania. Procedures continue for equipping this category of people with the needed documents.
In 2014 Albania had numerous requests for asylum. In total there were 409 requests. Nationalities of people who have sought asylum in the Republic of Albania have been different, such as Iran, Syria, Ukraine, Kosovo, Azerbaijan, Eritrea etc.
Statistical data for 2014 and for January – March 2015, will be found in Annex III.24.3.
24.4 Police cooperation and fight against organised crime
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Has the country developed the capacity to make a strategic analysis on the organized crime in its territory (based on Europol methodology, SOCTA)?
The main strategic documents drafted by the Albanian State Police (ASP) analyses structures are as follow:
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Serious and Organized Crime Threat Assessment,
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Criminal Groups Risk Assessment,
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Strategic Assessment.
Since 2012 the ASP Department on Organized and Serious Crime produces a "Serious and Organized Crime Threat Assessment" report. From 2013 this assessment report follows the methodology adopted by Europol, which includes serious crimes in the SOCTA report.
“Serious and Organized Crime Threat Assessment " is an annual strategic report, compiled on basis of updated information and analytical methods and aims to facilitate the establishment of a general picture of serious and organized crime in Albania, to identify ways and means used to achieve criminal activities, new trends and assess emerging threats and dangerous groups operating in the country. This report aims to provide the guidance that depending on the criminal situation, human and financial resources, sets the priorities for the coming period. The findings and the recommendations of the report are reflected in planning of actions and in strategic documents.
Methodology
To understand the current and future threats, the SOCTA analysis has focused in three main elements:
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organised crime groups,
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organized and serious crime activities,
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relevant factors that facilitate enable or prevent these crimes.
Analysis of these three issues is crucial to reach conclusions as to the current threats and recommendations for the future.
The analysis of assessment of organized crime groups
Criminal groups are characterized by discipline; violence; level of information; geographical sphere of action, strategy; hiding/masking; willingness to risk; success; structure; size; cooperation with other groups; homogeneity, heterogeneity; group average; corruption; expertise; experience and length. Analysing separately the above mentioned features enables better assessment of skills or disadvantages groups and the threat that they pose helps to better understand that compared to a year ago, crime has become more organized, or not, if many or few organized crime groups operate. Also, through an analytical technique of measurements, where the outcome of the assessment is expressed in figures, there are determined the most dangerous groups operating in the country, by ranking them according to the degree of the threat they pose.
Analysis of criminal activity is based on an analysis of the features or characteristics of fields of organized and serious crime, such as: the extension of criminal activity; the number of organized crime groups that operate in the relevant criminal activity and the risk that they pose; rate of evolution; geographical area of criminal activity, including the countries of origin, transit and destination; modus operandi and the degree of social tolerance. The analysis of these indicators provides the description of the dynamics of the field of organized and serious crime and also assesses the level of threat.
Affecting Factors that are analysed are those who have an impact on the fields of organized and serious crime and persons operating in these areas, by creating opportunities for crime or fight against crime. Such factors are: economic growth; legal developments; technological developments; globalization and borders; geographical position; unemployment; ties in the region, etc. The analysis of these factors identifies major changes that may occur in the environment and how they can affect crime.
The most used techniques and analytical tools for the drafting of this report are as follows:
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Information/data managed in information systems of the State Police
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daily press released operational and crime statistics
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Criminal Group Risk Assessment Document
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Strategic Assessment
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Different analytical reports
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Job analysis of Europol SOCTA document
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Open sources
“Criminal Groups` Risk Assessment” Annual reports are drafted at the local and central level and are the basis for drafting the "Serious and Organized Crime Threat Assessment" annual reports. The methodology used in the drafting of this analytical product is the “Sleipner” model.
“Strategic Assessment” reports are drafted in semi-annual and annual basis, in national and local level. These reports analyse the criminal situation, assess the progress made regarding the strategic objectives defined in the Police Work Plansion and provide recommendations to the Strategic Groups of Divisions and Task Coordination thus helping strategic planning and allocation of resources.
Trafficking of Human Beings
"National Strategy to Combat Trafficking in Human Beings and its Action Plan 2014 -2017" were adopted by the Council of Ministers Decision No.814 dated 26.11. 2014. The strategy is part of the Common Strategy on Combating Organized Crime, Illicit Trafficking and Terrorism 2013 -2020 and the Action Plan for 2013 -2016.
It has four main pillars: Prosecution, Protection, Prevention and Coordination and a special fifth pillar on Child Trafficking. It lays out the basis for an efficient and concerted multi-agency approach, by outlining the framework for coordination and cooperation between all actors and their respective roles and responsibilities. The Strategy and Action Plan are instrumental in ensuring the necessary political and financial support for the implementation of the measures foreseen in it.
Cyber Crime
Cyber Security National Agency ALCIRT, has developed the "Cyber Security Policies Document", which includes the sector of Cyber Crimes. This document will serve as strategy in the field of the cyber security, dealing also with cybercrime. This document has not been approved yet, as it is in the process of obtaining final thoughtsis expected to be approved shortly. The document is available at the following address:
http://www.cirt.gov.al/dokumenta/ligje/dokumenti_politikave_draft_version.pdf
Drugs
The National Drugs Strategy 2012-2016 based, inter alia, on the EU Drugs Strategy for 2005 – 2012 and the EU Action Plan on Drugs 2009-2012. Furthermore, the EU-Western Balkan Countries Action Plan on Drugs 2009-2012 is being implemented.
Terrorism
The Albanian Government developed and implements the following strategic documents:
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National Counter-Terrorism Strategy 2011-2015, and its action plan 2011-2015 approved by DCM No. 675, dated on 06.07.2011.
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The Cross-Cutting Strategy against Organized Crime, Illicit Trafficking and Terrorism 2013 - 2020 and its Action Plan 2013-2016, approved by DCM No. 663, dated 17.07.2013.
On 26 November 2014 the CoM approved an addendum to the CoM Decision “On the Adoption of the Inter-institutional Strategy on the Fight against Organised Crime, Terrorism and Illicit Trafficking 2013-2020, and the Action Plan for 2013-2016.
The Prosecution Office has developed the 2015-2017 Medium-Term Strategy, adopted in April 2015, which provides concrete objectives, with the aim of strengthening the standards of investigation, as well as increasing the professionalism and integrity of the board of prosecutors in Albania.
There is a strategy for investigating financial crime; approved by Decision of the Council of Ministers No. 1077 dated 27.10.2009 "On the adoption of the national strategic document “Financial crime investigation". This strategic document aims at actively fighting economic financial crime, money laundering and financing of terrorism.
The state institutions involved in the implementation of the Strategy are the General Directorate of the State Police, General Prosecutor Office, Ministry of Justice, Central Office of Registration of Immovable Property, General Directorate of Prevention of Money Laundering, General Directorate of Customs, General Directorate of Taxation, Agency of Administration of Seized and Confiscated Assets, National Intelligence Service, the High Inspectorate of Declaration and Audit of Assets, Bank of Albania, Financial Supervisory Authority.
LEGAL FRAMEWORK
Trafficking of Human Beings
The legislation in force that sanctions aspects of THB is in full compliance with EU acquis. Trafficking in persons both for sexual and non-sexual purposes is criminalized by Article 110/a of the Criminal Code
Main provisions in combating trafficking are articles 110/a “Trafficking of adultpersons, and 128/b “Trafficking of minors” of the Criminal Code, which were enactedimmediately after the signing of the Palermo Protocol in 2002. Article 128/b “Trafficking of minors” is an aggravated form of trafficking of adult persons provided under article 110/a of the Criminal Code. The articles on trafficking in human beings are in line with the corresponding EU acquis. THB provisions in the Criminal Code guarantee criminalization of THB, non-prosecution and conviction of victims of trafficking for their involvement in criminal activities which they have been compelled to commit as a direct consequence of being subjected to THB, as well as the criminalization of receiving the victim’s services and misuse of identification documents for purposes of facilitating trafficking in persons.
Cyber Crime
Regarding Cyber Crime, criminal legislation in force punishes all criminal aspects related to it. The Criminal Code has specific provisions related to criminal activities in cyber security. These provisions are in full compliance with the requirements of the Council of Europe Budapest convention "On Cyber Crime” the provisions are as follow:
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Article 74 / a (computer distribution of materials in favour of genocide or crimes against humanity)
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Article 84 / a (threat of racism and xenophobia motivated by the computer system)
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Article 117/2 (Pornography)
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6. Article 119 / a (distribution of racist or xenophobic material through computer systems)
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Article 119 / b (insulting with racism and xenophobia motivation through the computer system)
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Article 143 / b (Computer Fraud),
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Article 186 / A (Computer Falsification),
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Article 192/b (Unauthorized entry computer)
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Article 286 / a (illegal use of high technology)
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Article 293 / a (illegal interception of computer data)
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Article 293 / b (Interference in computer data)
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Article 293 / c (Interference in computer system)
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Article 293 / ç (Misuse of equipment)
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Article 137 / a (Theft of electronic communications network).
Albania has ratified the Budapest Convention on Cybercrime.
Pornography
The Criminal legislation in force punishes all the aspects related to the online child pornography. Concretely article 117 of the Criminal Code, as amended by Law No. 144/2012, provides criminal penalties in accordance with the requirements of the Council of Europe of Lanzaroti “Protection of children from sexual exploitation and sexual abuse.
Production, distribution, advertising, exporting, importing, selling and publication of pornographic materials in environments where there are children, is a criminal offense and is punishable by imprisonment up to two years.
Production, delivery, making available, distribution, transmission, use or possession of child pornography, as well as creating consciously access in it, by any means or form, is punishable by three to ten years.
Exploitation, recruitment, coercion, or conviction of a child to participate in pornographic performances, as well as taking part in such performances involving the participation of children shall be punished with imprisonment from five to ten years.
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