Annual progress report 2015 albanian contribution – input I september 2014 – may 2015 table of contents
TOTAL: 897 police officers punished with disciplinary measures
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TOTAL: 897 police officers punished with disciplinary measures • For 71 cases the performance review was completed since no violations had taken place, after verification by the Department of Discipline. The measures provided for corrupt actions by police officers: TOTAL: 253 cases
23.3 Fundamental rights (please see also chapter Political Criteria) 23.3.1 The Right to Life and Integrity of Person
As to the latest data 98 juveniles have been treated in the prison system, of which 82 pre-trial detainees and 16 convicted offenders. For the fulfilment of the provisions foreseen for minors, as to amendments adopted in April 2014 in the Law no. 8328 dated 16.04.1998 "On the rights and treatment of detainees and prisoners" as amended, which expressly qualify commitment to support the treatment of minors in the best interests of the child, the GDP has taken a series of measures in improving the treatment of this category, including expanding the number and diversity of the educational activities, as well as increasing outside activities, improving rehabilitation and re-integration programs, capacity building of staff treatment on specific issues such as communication with this category and solution conflicts, and many others. Weekly Plan activities have been designed for juveniles, ensuring activation in outdoor activities at least 3 hours a day, which include sports activities, education, vocational training, recreational activities, library service, social and psychological counseling, training etc. General Directorate of Prisons intends to raise an efficient system of treatment of children in conflict with the law in the prison system, creating opportunities to motivate positive behaviour and promoting constructive competition between the prisons, for the implementation of effective methodologies in treating juvenile. Treatment of minors is based on the best interests of the child, and is considered as the main indicators of quality of rehabilitation services offered in the prison system, as well as for the prevention of recidivism in this age group. For this purpose an administration guideline has been drafted on "motivational treatment for juveniles in conflict with the law", which would serve the Prison Departments and staff working with minors to understand the importance of implementing policies and motivational practices in working with juveniles in conflict with law. Taking into consideration the non-adequate conditions for the treatment of juveniles in Jordan Misja pre-trial detention centre and the lack of the facilities for the provision of meaningful regime activities, the juveniles held in this institution were transferred to the Juvenile Institution in Kavaja, based on the proposal of GDP and with the approval of the Minister of Justice. Kavaja institution offers a model, according to international standards for the provision of rehabilitation services and reintegration of juveniles in conflict with law. The Prosecution Office has paid a particular attention to the protection of the rights of juveniles in the criminal process, ensuring at every possible case the participation of psychologists during the criminal proceedings, avoiding delays during the preliminary investigation and as is possible also during the judgment, respecting the confidentiality and banning the publication of information and also respecting the control of legality and professionalism of investigative acts collected by the judicial police, particularly of those who are connected immediately with their parents or legal guardians who should be present in all investigative procedures. For 2014, the statistical indicators of the Prosecution Office’s work show an increase of the application of alternatives to imprisonment, with 15% compared to 2013. Prevention of Torture And Ill-Treatment & Prison System [Including Probation]
Based on the guidelines of the Albanian Government for the penitentiary system, for the period 2014-2017, a new Mid Term Strategy of the Penitentiary System and its Action Plan was drafted. Main priorities include further consolidation of the prison system and creating an independent, impartial and transparent body, improving physical infrastructure and material conditions of the penitentiary institutions; further harmonization of legislation with EU acquis; improving services for the category of persons in conflict with the law; increasing partnership for the respect of human rights in the prison system; prevention, investigation and prosecution of acts of corruption by the prison administration. In order to improve the rights of treatment of the persons deprived of their liberty, amendments on the Law No. 8328 dated 16.04.1998, “On the rights and treatment of Prisoners and detainees” as amended, and some amendments to Law No. 10032, dated 11.12.2008 of “Prison Police”, have been approved. In particular, these initiatives, stipulate the general principles of treatment of persons with mental disorders, detainees and prisoners of foreign nationality, women and children, persons with disabilities, LGBT, members of ethnic and linguistic minorities, the elderly and people with long-term sentences in the prison system and other issues related to insurance health scheme request and complaints mechanism, disciplinary measures, rewarding and special leaves, transfer rules, protection of personal data, as well as a specific chapter on the rights and obligations of pre-trial detainees.
Based on March 2015 statistical data there are 5847 persons deprived of their liberty in the prison system of which 2907 pre-trial detainees, 2797 convicted offenders and 143 citizens of compulsory medication. Divided by gender there are 5621 males, 96 females and 97 juveniles. The official capacity of the prison system is 4628 places. As to 31.03.2015 data the overcrowding is 1219 persons or 26% above capacity. The table below shows the capacities of each prison and pre-trial detention centre along with number of prisoners.
Ali Demi Prison in Tirana has been categorized institution with two regimes for women, pre-trial detainees and convicted offenders. So, the programs of rehabilitation and treatment perspectives have been elaborated based on the characteristics of the institutions and women themselves. Regarding the conditions in detention centres the situation varies from institution to institution. The pre-trial detention centres and detention facilities that has been built during the seven last years, have adequate conditions for the treatment of persons deprived of their liberty. The situation to facilities inherited from the past, do not provide adequate conditions for the accommodation and treatment of prisoners. Nevertheless, these institutions have been subjects of various intervention and renovations for improving the living conditions of prisoners. The most recent project, is the entire renovation of pre-trial detention centre of Jordan Misja in Tirana, which has been monitored at the last visit by CPT. The renovation is expected to finish with October 2015. Access to treatment programs has been provided to persons deprived of their liberty on regular basis. In order to provide efficient services and raising standards for the treatment of prisoners 4 modules have been designed to strengthen the rehabilitation and re-integration of the most vulnerable categories in the prison system. Approval of modules (by orders no 11,547, 11548, 11549 and 11550, dated 12.10.2014) is associated with social staff training Prison, in order to increase the knowledge and skills for cooperation with relevant institutions to address timely issues reintegration of these categories, based on specific needs that they represent. The right to privacy and confidentiality of the information constitutes one of the rights that must be respected even for people with limited freedom. To increase the awareness and capacity of staff to respect this right, but also awareness of prisoners and detainees on the importance of respecting confidentiality, was approved the manual No. 1606 Prot. Dated 24/02/2015. This guide comes in implementation of one of continuous CPT recommendations for the prison system, on confidentiality issues during the interview and the treatment of prisoners and detainees.
In order to achieve the recommendations of the progress report for 2014 of the European Union to Albania as well as taking administrative measures for the recommendations and findings in the report, by Order No. 324 dated 11.06.2014 of the Director General, was approved the action plan for the implementation of the recommendations. Specific activities for each recommendation, the deadlines and the sector responsible for each activity have been planned. The progress of implementation of each activity is part of the monthly reports. Fulfilment of CPT recommendations has been part of additional measures taken by the GDP, which includes: issuing the order for the establishment of the working group for drafting the Action Plan to fulfil the recommendations of the CPT (Order No. 328 dated 11.07.2014) and the adoption the Action Plan (Order No. 371 dated 24.12.2014). The action plan addresses short-term measures on ongoing basis to fulfil the recommendations. Strengthening cooperation with the Institution of the Ombudsman remains one of the priorities of the Directorate General of Prisons. GDP is highly committed to fulfilling the recommendations of the Ombudsman through the adoption of a Short-Term Action Plan with concrete measures. Part of the administration of statistical data on cooperation with the Ombudsman has been the management of a database on the number of monitoring visits conducted by this institution and the number and percentage of recommendations fulfilled. Recommendations not implemented or those in the process have mainly as object the improvement of infrastructure through investments, which require medium and long term measures. Fig. 1 Implementation of recommendations of Ombudsman during 2014
A document of collaboration on identifying common priorities for the implementation of projects with civil society organizations, for the period 2014-2017, aimed at promoting reform of the penitentiary system, meeting the standards for training dignity of persons in conflict with the law and promotion of rights and fundamental freedoms, has been drafted. Planning and implementing joint activities and taking concrete initiatives to realize the strategic objectives of the prison system, has been depicted as main areas of cooperation with NGO.
The Mid Term Strategy of the Penitentiary System for the period 2014-2017, aims at improving detention conditions and adequate measures on fighting ill treatment in the prison system. The pre-trial dentition centre of Jordan Misja in Tirana is under renovation and other project are drafted for the improvement of the conditions in the places of detention. By the Order no. 10174 dated 23.10.2014 of the General Director the standard format of complaints for every penitentiary institution has been approved. Based on this format has been collected and processed the statistical data on the number of complaints. A database has been created and a structure has been appointed for maintaining, monitoring and updating of data of citizens' complaints, persons deprived of their liberty and other non-public institutions. In cooperation with the Institution of the Ombudsman, 50 mailboxes for request/complaints of prisoners in all penitentiary institutions have been installed. This cooperation comes in the context of fulfilling the constitutional and legal rights related to the activity of the Institution of the Ombudsman and the General Directorate of Prisons. Also, these boxes serve as a mechanism to increase reliability, prevention and prosecution of cases of alleged human rights violations. The key of the mailboxes is being administered by the Institution of Ombudsman. Ensuring an efficient mechanism of complaint and an independent system of monitoring and supervision of the prison system, represents the mission and objectives of the General Directorate of Prisons. Availability of free phone line 08002080 and email address dpbsh@albaniaonline.net, is an additional measure to report all cases of abuse in the prison system. By order of the Director General of Prisons, a responsible person for the reception of all calls, and setting up a database with statistical data for reporting cases through these channels has been appointed. It has been scheduled and developed a system for every day meeting with citizens to address all issues in the Prison System. A responsible person who collects all the complaints of citizens and maintains a database to record all complaints for abuse has been appointed. Complaints are subject of verification by inspection groups, which according to the findings of the inspections, continue with the proceedings.
During September 2014 – April 2015, no cases of torture/ill treatment have been reported. General Directorate of Prisons has taken effective measures for monitoring the institutions and ensuring the proper function of request-complaint mechanism, so the prisoners may submit their requests and complaints in full confidentiality. The Ombudsman has referred two cases of use of extensive force by the uniformed staff, one in Tepelena prison and the other one in Korça prison. The penitentiary institutions has forwarded for competence the cases to the Inner Service Control of Prisons for additional investigations, and if necessary for criminal proceedings.
There has been no restriction in the places of detention regarding the access of the National Prevention Mechanism for monitoring prisons and pre-trial detention centres. The visits and monitoring activities has been accomplished without prior warning. Taking into account the provision of the Optional Protocol on Convention against Torture and other Inhumane and Degrading Treatment (OPCAT) the Ombudsman carries out inspections and monitoring activities of the Prison System. Article 19/1 of Law no. 8454, dated 04.02.199, “On Ombudsman”, revised, authorizes carrying out independent, comprehensive and complete monitoring and investigating activities for any case of torture, inhumane and degrading treatment and ensuring higher access to any premises or offices, against any official without immunity and to any kind of documentation, even classified, of public administrative organs. National Prevention Mechanism it is vested with the power to monitor regularly the treatment of individuals deprived of their liberty in places of detention, arrest or imprisonment, with a view to strengthening, if necessary, to protect individuals from torture, ill treatment or punishment, inhuman or degrading. Also, NPA has submitted reports and recommendations to the relevant authorities in order to improve treatment and conditions of persons deprived of their liberty and to prevent torture and cruel treatment or punishment, inhuman or degrading.
By order no. 303 dated 16.10.2014 of the Director General the Internal Regulation of the Training Centre was approved. The purpose of this regulation is to unify the activities of the Directorate of Prisons in the training of prison administration, in order to fulfil their responsibilities and their career progress. This new regulation addresses the criteria, requirements and standards relating to training. In the basic and middle level training programs are included topics related to the European Prison Rules and special issues on the national and international mechanism for the prevention of violence, which is included in the first training module. On the topic of integrity and code of conduct are outlined the main principles of treatment, prevention of violence, non-discrimination, respect of human rights and human dignity. The guidelines for the treatment of vulnerable groups within the prison system are part of the training program. This guide provides basic clinical frameworks associated with various different forms of treatment, their management, international principles of treatment of persons deprived of their liberty and care management by health staff and health intervention. During the period January to December 2014, 779 employees have been trained. 250 days of training were conducted, of which 30 training days are conducted in cooperation with NGO-s. Basic and career development training for security service staff, for staff working with minors, to increase communication skills, mental health law, prevent discrimination, to treat people with mental health problems, for implementing protocols approved for the treatment of drug users, etc have been developed. During training sessions, part of the discussion have become recommendations of the Ombudsman, the CPT and inspections of the Directorate General of Prisons, and any problem that is encountered in daily work. All modules and presentations are based on standards and the philosophy of humane treatment and respect for the dignity of persons deprived of liberty.
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