Annual progress report 2015 albanian contribution – input I september 2014 – may 2015 table of contents
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- Administrative confiscation
- Agency for the Administration of Seized and Confiscated Assets (AAPSK)
- Civil Confiscation in addition and independent from Criminal Confiscation
- Institutional framework
- Financial Crimes and investigation, counterfeited goods
- Anti-terrorism
- Illegal trafficking
Drugs Articles 283–286/a of the Criminal Code define serious sanctions for people committing drug-related crimes: 5–10 years’ imprisonment for production, selling, distribution and possession of drugs, and 7–15 years for trafficking. These sanctions are more severe if offences were committed in cooperation or by criminal organisations. Penal sanctions are defined for illicit cultivation of narcotic plants (3–7 years of imprisonment) and trafficking or deviation of precursors (3–7 years of imprisonment). Possession of a ‘daily dosage’ of drugs for personal use is not punishable. This part of the Code, is partially harmonized with the Council Framework Decision 2004/757/JHA laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking. There are several bodies with investigative powers such as custom and tax authorities, environmental inspectors under the Ministry of Environment, prison police under Ministry of Justice, Service for Complains and Internal Affairs at the MIA (former ICS). The competences of these institutions are limited to their relevant scope of work. Border and Migration Department, part of the State Police, is comprised of investigative structures, such as sectors, departments and sections at the Regional Directorates for Border and Migration. Criminal offenses prosecuted by investigative structures of BMP are defined by Order of the Director of the State Police. BMP investigative structures perform investigative and procedural actions for all the offences that are covered BMP. Mostly these offenses are illegal border crossing, providing assistance for illegal border crossing, trafficking in motor vehicles, smuggling, etc. Other criminal offenses followed by other structures of the State Police, BMP only performs actions only for caught in the acts on border crossing points or during border surveillance and then conveys the information to the competent structures for further investigations. The Customs Service has in its structure the Investigation Directorate and the Directorate of Anti-trafficking. The Investigation Directorate covers mainly the criminal offenses with financial economic character, as smuggling of excise goods, other goods, etc. Anti-trafficking Department is comprised of the drugs sector, human trafficking sector, trafficking in works of art sector etc. Offenses that are followed by the Customs Service are defined. Customs Service Structures conduct investigative actions and actions in the act at customs, and then the cases are sent to the competent structures of the State Police. Albania has a very progressive legislation on seizure and confiscation of criminal assets. The Albanian legislation envisages three types of confiscation: administrative, civil and criminal. Administrative confiscation is defined by Law No. 9258, dated 15.07.2004 “On Measures against Funding of Terrorism”. Criminal Confiscation: Confiscation of items used in the commission of the criminal offence and of the proceeds of crime, has been specifically defined in Article 36 of the Criminal Code. The procedures governing international cooperation in criminal cases/matters, including procedures governing confiscation of the proceeds of crime are defined in Law No. 10193, dated 03.12.2009, “On jurisdictional relations with foreign authorities in criminal cases/matters. The provisions of the Code of Criminal Procedure concerning international cooperation in the field of financial investigation, defined in Chapter X, “Jurisdictional relations with foreign authorities and execution of foreign criminal judgments”, Chapter III “Execution of Criminal judgments”, and Section One, “Execution of Foreign Criminal judgments”. Article 516 “Determination of Sentences” foresees that in cases when the Albanian Court recognizes/acknowledges/accepts a foreign decision that pertains to the execution of a confiscation, it simultaneously orders the implementation of the execution. Article 517 regulates the seizure of liable to confiscation items at the request of the Prosecutor. Article 518 paragraph 5, “Execution of a foreign Decision”, foresee that “Confiscated items are handed over to the Albanian state". Chapter II, “International Letters of Request”, Section I, “Letters of Request from Abroad”, Articles 505 – 511, where are defined and set out the procedures for jurisdictional relations with foreign authorities, international letters of request to foreign authorities and from foreign authorities. Chapter III, “Execution of Criminal Judgments”, Section I, “Execution of Foreign Criminal Judgments”, Articles 512 – 518, provides the recognition of foreign criminal judgments and civil effects of Foreign Courts, coercive measures against property, seizure, execution of criminal judgments received from abroad and execution of criminal judgments abroad. Article 274 of the Code of Criminal Procedure deals with preventive seizures. With Law No. 9068, dated 15.05.2003, Republic of Albania ratified the Council of Europe Convention “On the International Validity of Criminal Judgments”. In conformity with the above Convention, Article 2/b applies to foreign judgments that also include punishments with fines and confiscations. As for the execution of confiscations and conversion of fines, the provisions of Article 45, 46, 47 and 48 of this law are applicable. The Agencies that deal with the procedures of the execution of court decisions regarding confiscations are the Bailiff’s Offices which act in conformity with the provisions of the Code of Criminal Procedure and Law No. 8331, dated 21.4.1998, “On the Execution of Criminal Judgments”, amended. The Execution of a Judgment with a Confiscation and their management is carried out by the Agency for the Administration of Seized and Confiscated Assets (AAPSK) and is foreseen in Law No. 10192, dated 03.12.2009 “For preventing and Combating Organized Crime and Trafficking by means of Preventive Measures Against Assets”, and in the Council of Ministers’ Decision No. 968, dated 2.07.2008, “On the Structure, Competences and Functioning of the Agency for the Administration of Seized and Confiscated Assets”. Civil Confiscation in addition and independent from Criminal Confiscation is defined in law No. 10192, dated 3.12.2009. This Law provides the Establishment of a Cross-institutional Advisory Committee of Experts for Measures against Organized Crime and monitors/supervises the destination of confiscated assets. In the framework of cooperation in South-eastern Europe, the following documents have been signed:
There is legislation against money laundering, which is effectively implemented by the structures that deals with identification, discovering, prevention and investigation of money laundering. The activity of the structures against money laundering is based on a number of important legal acts such as:
The Convention of UN has been ratified by Albania by means of the Law No. 8920, dated 11.7.2002 “On the ratification of the Convention of UN against international organized crime” and its two additional protocols. Institutional framework The general number of police employees for 2015 is 10,998, while the number of police officers with police ranks is 9,997. The number of police officers with police ranks per 100,000 inhabitants (according to the civil register) is 228. The policy of State Police is through a process of testing to select with equity and transparency the best candidates, aiming the promotion of police officers. The objective is that in the implementation of the Law “On State Police” and its normative acts to define rules and standard procedures in the process of promotion of police officers. The testing process for promotion is done through participation in a process of evaluation testing that includes assessment reports of personal working skills and a promotion that tests the skills of applicants to receive the next rank. Every police employee that fulfils the criteria mentioned below defined in the normative acts, is given the right to participate in the testing process for promotion to the next rank:
The Director of the State Police, depending on the needs and priorities of the police organization, approves the order for the start of the application phase to obtain the next rank by defining:
The police officer has the right to appeal for every phase of the process for obtaining the rank. After the announcement of the test results on rank promotion and completion of the relevant training in the Police Academy, the winners are appointed in accordance with the obtained rank, according to the list of results for the rank promotion. Based on the Law “On State Police” the employment of a police office comes to an end when he/she is discharged or dismissed from Police. Discharge from Police is done in the cases when:
The police employee is dismissed from the police in the cases when he/she:
Until February 2015, the Police Training Centre was the main responsible structure for the organization and development of trainings in the State Police. This structure implemented and was responsible for:
The Decision of Council of Ministers no. 185, dated 25.02.2015 established the Academy of Security as the responsible and unique institution for the higher police public education. Work is ongoing to draft and complete bylaws on the functioning of the Academy. This structure implements and is responsible for:
The Academy of Security offers study programs for:
Additionally participation in “on-line” training activities and workshops conducted by the European Police College (CEPOL) was made possible. During the reporting period for all structures of Police, Prosecution, Serious Crimes Courts, in collaboration with the School of Magistrates and civil society were conducted several trainings on various topics related to the phenomenon of trafficking, legal framework for the recognition, understanding of the phenomenon, the manifestations consequences and mechanisms of action for investigating cases of trafficking, as well as aspects of prevention and protection of victims of trafficking. During February – December 2014, 16 trainings were organized by the School of Magistrates with judicial police, prosecutors and judges. The periodic training courses aim to increase their awareness about the special profile and specialized assistance that a victim of trafficking needs as well as on the latest legal instruments and the standards they set with regard to investigation and prosecution of THB cases. In addition, during April - May 2015 the Office of Anti-trafficking National Coordinator together with the General Directorate of State Police have organized training sessions on identification and referral of victims and potential victims of trafficking as per the Standard Operating Procedures on Identification and Referral of Victims/Potential Victims of THB. Until February 2015 more than 80 trainings were delivered at the police academy either by local trainers or by foreign experts, mainly on security issues. Financial Crimes and investigation, counterfeited goods In the General Directorate of State Police there is a Directorate against Economic and Financial Crimes. This Directorate has three Sectors: the Sector against Corruption; the Sector against Money Laundering; the Sector against Economic Crimes. With the same job description this Directorate has its own structures in 12 regional police directorates. Sector for Criminal Assets in cooperation with the Prosecution, carries out investigations on criminal assets for the foreseen offenses in the law No: 10192, dated 03.12.2009 "On the prevention and hitting of Organized Crime and Trafficking through preventive measures against assets”. The sector is extended in central and local level. Anti-terrorism By the Order of Minister of Internal Affairs No. 548/7, dated 17.10.2014 the Directorate of Anti-terrorism was creaed. It deals with the following criminal offences:
The Anti-Terrorism directorate is effectively functioning since January 2015. So far 50% of the planned staff was recruited, and the selection process of well skilled employees is ongoing. The adopted structure includes four regional branches and its own operational unit which will be in charge of surveillance and technical support. Cybercrime Sector for Computer Crimes, within Department for Organized Crimes and Serious Crimes is the specialized police structure which deals with cybercrime and child pornography on Internet. This structure is composed of 8 police employees, 1 Chief of sector and 7 specialists. The structure has 2 more specialists at the Tirana Police Directorate. For the other local police Directorates, this field of crime is covered by the specialists of the Sector for Economic and Financial Crimes. The employees of this structure were selected from the police employees who have knowledge in this field, mainly with the proper education in this field. Drugs In the General Directorate of State Police there is a sector which deals with crimes in the field of drugs such as production, possession and trafficking of drugs and precursors. The employees of this structure were trained to work in this field. With the same job description this sector has its own structures in 12 regional police directorates. Illegal trafficking There is a sector at the State Police which deals with the illegal trafficking and specifically with preventing, investigating, documentation and hitting of the criminal activity of trafficking in persons, motor vehicles, works of art, arms and ammunitions, explosives and migrant smuggling. With the same job description this sector is organized also in the 12 regional police directorates. In 2004 the Prosecution Office at the Court of First Instance for Serious Crimes was established. It is responsible for the investigation of the serious crimes against life and liberty of person, constitutional order, illegal trafficking of drugs, arms and people, organized crime and terrorism. By 2014 its responsibility are also the offenses of active and passive corruption of senior officials, local elected representatives, judges, prosecutors and other officials of justice bodies. Also, the responsibility of this Prosecution Office is the fight against organized crime, trafficking and corruption through the confiscation of the property of people who have an unjustified economic level as a result of participation in suspected criminal activity (in organized crime, trafficking and corruption), in accordance with the Law No. 10192, dated 03.12.2009 "On preventing and combating organized crime and trafficking through preventive measures against property", as amended. The prosecutors of this Prosecution Office are continuousely trained by the School of Magistrates. Similarly, trainings and experience exchanges are gained through different projects of international partners. The signing of the Operational Agreement on 9 December 2013 marked an important milestone in the increasing of the level of cooperation of the Albanian State Police with European Police Service, EUROPOL. The ratification of the operational agreement was done in the Parliament on 20 March 2014. On 6 June 2014 the Operational Cooperation Agreement between Europol and the Republic of Albania entered into force. From 13 June 2014 began the sharing of the operational information including personal data, between Europol, Liaison Offices of EU countries and Third Countries which are part of Europol. A very important part of the operational agreement is the signing of the Memorandum of Understanding. In the draft memorandum were taken into consideration the suggestions of the relevant Ministries. After that the document was sent to Europol. The impact of signing the agreement was reflected in the growing number of exchanged messages through SIENA network. Specifically, only for the period between January - December 2014 were exchanged a total of 1026 correspondences compared with only 216 in 2013, or an increase of approximately 529%. With the entering into force of the operational agreement, is necessary the participation and contribution through the exchange of operational data in the Analytical Work Files, which is a unique instrument of Europol. Europol analysts work together with experts of the organized crime and terrorism to gather criminal intelligence, that covers all areas of high priority crime. The Albanian State Police and Europol are working to perform all the necessary procedures for the eligibility to participate in five Analytical Work Files or focal points in relation to illegal immigration, Albanian-speaking criminal groups, computer crime, trafficking in firearms, and trafficking in human beings. The Government of the Republic of Albania by DCM No. 933, dated 02.07.2008, has appointed a representative of the Ministry of Internal Affairs of Albania (State Police) as Liaison Officer at Europol. Exchange of data with Europol is realized via SIENA network, which has started in 2012. In terms of strengthening international cooperation a memorandum of understanding has been signed between the United Kingdom and Albania on issues related to human trafficking, timely identification and referral of VoT/PVoTs, as well as assisted return to country of origin. The agreement reached with UK aims at enhancing cooperation between the responsible authorities of two countries to intensify mutual efforts in the fight against human trafficking. Main purposes of the MoU in response to the new trends of THB and concerns affecting both countries are information sharing and cooperation, joint assistance regarding identification, referral, and protection of victims of trafficking, as well as assisted return of victims/potential victims of trafficking, including the investigation of traffickers operating in the two countries. The MoU was signed between ministers of interior of the UK and Albania on the 4 December 2014. Also a protocol between the Albania and Montenegro on the fight against trafficking in persons and enhanced identification, notification, referral and voluntary assisted return of victims and potential victims of trafficking was on 8 December 2014. There is a comprehensive legal framework in place including international instruments signed and ratified by Albania on witness protection: Interagency cooperation There is an effective cooperation among law enforcement institutions in the field of witness protection based on the legal agreement of cooperation such as:
Institutional framework The Directorate of Witnesses Protection is the body responsible for the preparation, assessment and implementation of the witness protection program. This Directorate is part of the Department of Organized and Serious Crimes at the General Directorate of State Police and it is composed of:
The Sector of Implementation of Special Measures of Protection is a specialized operational unit within the directorate, which implements the temporary measures, special measures of protection and it is responsible for the implementation of the protection program, as well as it carries out duties according to the regulation “On defining the rules and criteria for the implementation of the protection program’. This unit implements the protection measures of the witness. With the investments done in this directorate by EU projects in the field of witnesses protection is ensured a special detached unit in order to provide objectivity during the criminal proceeding, equipped with all proper standards and guaranties to protect the witness by serious threats. Currently, the directorate has approximately 20 protection programs. Albania has special structures dealing with the tracking of assets and benefits from crime. The structures for Investigation of Criminal Assets, in cooperation with the Prosecution of Serious Crime, carry out investigations for detection and tracking of the criminal assets. The structures for the investigation of the Criminal Assets operate in central and local level. The Sector for Investigation of Criminal Assets operates in central level. At the Police Directorates in Districts, the chief sector for Narcotics is even an expert for the criminal assets. The Directorate of Tirana Police makes exclusion and has a section for the investigation of the criminal assets comprised of two specialists. Moreover the Directorate of the State Police cooperates with the Agency of Administration of Sequestered and Confiscated Asserts (AASCA) based on a memorandum of Cooperation through AASCA, No. 498, dated 29.09.2009 “On the support, assistance, coordination and information exchange for the identification, detection and maintenance of the assets which have been subject to confiscation”. For correct and efficient property investigation procedures, the General Prosecutor issued the instruction No. 2 on 06.02.2015 "On the understanding and implementation of the revocation procedure of the decision on preventive sequestration". Internal Affairs Service and Complaints, at Ministry of Internal Affairs, is a law enforcement agency which exercises its activities on the following structures:
The scope of the activities of the Service is:
The service has its own budget, and the Director of the Service is responsible or an effective and accountable management of the approved budget. Also the Service have e special fund to be used for criminal procedural and intelligence activities. The Service personnel, with the exception of support services, have the attributes of the Judicial Police, in accordance with the Criminal Procedure Code and the Law “On the organization and functioning of Judicial Police”. Pursuant to Law No. 108/2014 “On the State Police” and its legal acts and bylaws, which regulate its activity, at the Directorate of State Police there is the Directorate of Professional Standards, which among others, deals with misconducts and non-ethical conducts ( of the police employees as well as cases of use of violence of the later. This directorate, through the Sector of Standards and Performance, carries out the assessment of all the structures of the State Police, both in local and central level regarding the implementation of operational standard procedures, as well as the assessment of performance of the State Police employees. The assessment of the performance is carried out according to the annual program approved by the General Director of the State Police for the police structures and for various topics which are defined according to the problems encountered in everyday activities. The evaluations of the performances are classified as normal, while for problems deriving from everyday activity, as well as for events where police forces are involved, extraordinary inspections are carried out with the authorization of General Director of State Police. In all cases, by the structures of this directorate there are drafted assessment reports where in addition to the problematics encountered, recommendations are also made in order to improve work, and the procedures improvement as well as the starting of disciplinary investigation for the people involved in violating standard working procedures. This investigation is carried out by the disciplinary sector at this directorate. The Directorate of Professional Standards, through the Sector of Standards and Performance and Sector of Disciplinary Investigation carries out assessments and investigates cases of violations and misconducts of police employees, cases of violence exercised by police employees in objection to the regulation of discipline and the regulation of the State Police. The Sector of Disciplinary Investigation also carries out investigations on misconducts and violations of police employees as well as recommends relevant measures related to these cases. Cases of misconducts of police employees or those related to corruption acts are treated by the Sector of Complaints at the Directorate of Professional Standards. This sector carries out verifications of each complaint sent by the public regarding police employees via different channels of communication as well as by electronic mail in the portal of police or via the anticorruption portal, by phone or letters. Light disciplinary violations are treated even by police structures of police, and in these cases are imposed light disciplinary measures. In addition, police is subject to oversight by the Service for Complaints and Internal Affairs at the Ministry of Internal Affairs (former ICS). A new law on SCIA was approved in July 2014 and entered into force in November 2014. (Law 70/2014) SCIA is established as a police oversight body operating with organizational independence and funding, with defined competences and responsibilities, vested with investigative powers, engaging stakeholders, working with other law enforcement agencies raising public awareness about the agency’s work in addressing police misconduct. The law on SCIA provides also for a complaint system accessible to the public for making complains about the misconduct of police officers.
OPERATIONAL CAPACITY
The State Police is currently using a classified network for the communication of electronic information. A radio system "DATACOM", is used for the transmission of the data which is not connected to the systems of the neighbouring countries. This system is available in all Regional Directorate and Border Cross Stations. The services provided by ASP are centralised in a server room and using DATACOM all the internal users access TIMS, AFIS, Mail, VoIP, and other services. The intranet is a mixed network built up in Fiber-Optic and Wireless media. The active network is based in CISCO technology. The intranet is protected from internet and other external users with Firewalls, IPS. The network is monitored 24/7 from our NOC and software solutions. There is need for adjustments in the system in order to cope with the burden of communication with neighbouring countries or after membership, with the EU Member States. The Albanian State Police is currently in the implementation phase of the system "Case Management". This system aims at recording cases occurring in the Republic of Albania, by optimizing work in managing events such as registration, investigation, analysis, trends and planning resources. For a full coordination of the case management cycle, the purpose will be cooperation and coordination at the national level with other law enforcement institutions, which are currently in the process of implementation of this system. In January 2015 the Albanian Prosecution Office launched the initial implementation of Case Management Project (funded by IPA 2010) at the module registers in all the system of the Prosecution Office. Meanwhile, in some Prosecution Offices is implemented the CMS in all stages of their procedural activity. The implementation process in these Prosecution Offices intends, first to identify the problems in designing and correcting the system during the process of usage in order to extent it in all other greater Prosecution Offices, as soon as possible. An important role in the functioning of an intelligence-led policing, besides the analytical products of strategic level, the structures of analysis compile monthly analytical products "Tactical Evaluation", which are based on the development of periodic meetings “Tactical Groups of Division and Coordination of Duties”. Periodic reports on "Tactical evaluation" present an accurate picture of the problems faced by police forces, focusing on: defined priorities, hotspots, trends, modus operandi and the risk they carry; issues of concern; weaknesses and requests for information. Recommendations given in this report help the tactical groups to focus on current issues and then take proper decisions to reduce crime and keep it under control. In addition to these periodic reports, the analysis structures depending on the situation and problems encountered, develop risk analysis for specific criminal activities, criminal groups and individuals (the incriminated or victim of crime). Taking into account the common goal of strengthening the rule of law, fight against corruption, economic crime, and protecting the interests of the state, a bilateral agreement was drafted between the State Police and the General Directorate of Customs. The Necessity of interagency cooperation has as object the right of consultation in TIMS system of the State Police on the information of entrance and exit of vehicles. Also other agreements for access in different databases are:
From 1 January 2015, the Statistics Sector at the General Directorate of State Police processes all the data on criminal offenses nationwide in a computer program, "Daily Press". From January 2015, the crime statistics will be provided by this program. This leads to the standardization of the entire process with clear rules on counting based on international assistance in this regard. Besides the review and the analysis, the statistical data are continuously used to determine priorities, objectives and activities that the relevant structures will perform. State Police has statistical capacity to measure crime of money laundering. The statistics are monthly, quarterly, semi-annual and annual basis. These statistics are used effectively for setting new priorities in the fight against money laundering. Since 2002, the Albanian Prosecution Office has a manual statistical system, a unified one throughout the country. The data of this system are progressive and are processed on basis of 3 months, 6 months, 9 months and one year. Directory: files -> documents files files -> Fall 2013 Spring 2014 Program Data: Standard 1 Exhibit 4d files -> Hanban – asia society confucius classrooms network 2010 request for proposal files -> Northern England’s set-jetting locations documents files -> Report: Shelter Support Mission to Afghanistan documents files -> Information and Communication Technologies for Reconstruction and Development Afghanistan Challenges and Opportunities documents files -> Humanitarian Civil-Military Coordination in Emergencies: Towards a Predictable Model documents files -> Rapid Education Needs Assessment Report documents files -> H Report of a Workshop on Coordinating Regional Capacity Building on Gender Responsive Humanitarian Action in Asia-Pacific documents files -> Arizona Department of Administration Risk Management Statewide Motor Vehicle Safety Policy Download 3.84 Mb. Share with your friends:
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