Annual progress report 2015 albanian contribution – input I september 2014 – may 2015 table of contents
If available, provide statistics as relevant to reflect problematic issues in the country e.g. on
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- Duration per days in 2014
- Developments in the Probation Service
- 01.06.2009 – 31.03.2015 is 14 682
- Short-term legislative measures
- Short-term implementing activities
- 23.3.2 Observance of International Human Rights The Commissioner for Protection from Discrimination
- LGBT Rights Protection from discrimination for LGBT persons
- 23.3.3 Economic and social rights (See Political Criteria) 23.3.4 Respect for and Protection of Minorities, Cultural Rights
- 23.3.5 Protection of personal data
- Status of Legal Harmonization
- 92 complaints by
- “The Right to Information Public Authorities”.
- Economic and social aspects
- CHAPTER 24: JUSTICE, FREEDOM AND SECURITY Key achievements Progres can be reported in the further improvement of the legal framework
- 24.1 External borders Legislative developments The following legal acts were approved during the reporting period
- Statistical data for the period September 1, 2014- March 31, 2015
If available, provide statistics as relevant to reflect problematic issues in the country e.g. on overpopulation or average duration of pre-trial detention. During 2014 the GDP managed 22 penitentiary institutions. For the period January to December 2014, approximately 5535 prisoners were treated in all prisons. Overcrowding has averaged 24% over capacity of prisons, which in total in 2014 was for 4,537 places. As to march 2015 statistical data there are 5847 persons deprived of their liberty. The overcrowding signed 1219 persons or 26% above capacity. The opening of Berat and Fier new establishments will affect the achievement of the overall goal of reducing overcrowding in the prison system, which has been considered as the main issue during 2014 in the Prison System, as well up to now. Data on duration of pre-trial detention of juveniles for 2014 are shown in the following table.
The transformation of the criminal punishment into an opportunity of social rehabilitation remains the main objective of the Justice System. Components of the transformation of the prison system from a penitentiary institution into a rehabilitating system include changing the organizational structures of the staff of penal institutions with the aim of increasing the number of civil personnel, increasing the number of educational, social, cultural and entertaining programs, adoption of successful international practices for integration back in society, decreasing the number of recidivists, and application of methodologies for measuring the ambiance in institutions in order to decrease the number of unpleasant situations in the system. Developments in the Probation Service The Probation Service institution is governed by the Regulation "On organisation and functioning of the Probation Service and setting of standards and procedures on the supervision of execution of alternative punishment" approved by Decision of the Council of Ministers no. 302 dated 25.03.2009, Prime Minister Order no. 100 dated 21.02.2014 "On approval of the structure and organisational structure of the Probation Service". Further rules are provided in Order of the Minister of Justice no. 6224/1 dated 17.09.2014 "On defining the location and territorial competence of local offices of the probation services" and also other sublegal acts. The Probation Service Institution began functioning in June 2009 and it is currently providing service through 22 territorial branches extended in each judicial district of the Republic of Albania. The total number of convicts in the period 01.06.2009 – 31.03.2015 is 14 682, of which 1138 are women, and 1934 are minors sentenced to alternative punishments. The overall number of convicts who are monitored is currently 5158. Currently, the Probation Service aims at improving the service provides and considers the main activities performed during the period 1 September 2014 - 1 May 2015. Therefore the main areas on which the work of the General Directorate of Probation Service are focused is:
Short-term legislative measures Review of the legal framework governing the activity of the Probation Service (legislative measures in order to specify the legal position of the Probation Service) which refer to:
Short-term implementing activities
23.3.2 Observance of International Human Rights The Commissioner for Protection from Discrimination The Commissioner for the Protection from Discrimination, in its activity, has aimed to put emphasis mainly on the implementation of the law “On Protection from Discrimination” and to build a solid anti-discrimination case-law. See chapter on political criteria LGBT Rights
23.3.3 Economic and social rights (See Political Criteria) 23.3.4 Respect for and Protection of Minorities, Cultural Rights In the framework of protection of minorities, priority 5 (Human Rights) of the Road Map:
In this framework is functioning a Working Group “For the evaluation of domestic legislation and policies on minorities” (since April 2014), with the representatives of central institutions (line ministries) and the representatives of independent institutions (e.g. the People Advocate, the Commissioner for the Protection against Discrimination, State Committee on Minorities etc). During the period April-December 2014 took place the consultation process with the representatives of the line ministries including the representatives of the independent institutions, according to the duties of the WG as below:
The discussed thematic topics are:
By the end of December 2014 is concluded the process of consultation with the representatives of the all involved institutions. Following this process, are organised meetings with the minority associations and civil society, with the aim of a broad consultation process. Within the April 2015, will be presented the draft of the Working Group, with the conclusions and necessary proposals. 23.3.5 Protection of personal data The approval on 18.09.2014 of the Law No. 119/2014 “On the Right to Information” which aims to guarantee information to the public relating to the exercise of the individual rights and freedoms in practice and shapes as well the public views on conditions of the State and of the society, promotes integrity, transparency and accountability of public authorities, increased the powers of the Commissioner’s Office and in the same time gives to it the opportunity to play a key role in two important pillars, such as in the right to information and in personal data protection. Another innovation regarding the reporting period is the approval on 30.10.2014 by the Assembly of Albania of the Law No. 146/2014 “On notification and Public Consultation.” This Law provides appeal to the Information and Data Protection if interested parties estimate that the public body has violated their right for notification and public consultation. Status of Legal Harmonization Pursuant to Law No. 9887, dated 10.03.2008 “On personal data protection”, as amended, guidelines were drafted and adopted, legal opinions were provided on draft-laws and bylaws addressed to IDP. The Office of the Commissioner has made progress also in the plan of inter-institutional relations by signing a cooperation agreement between Information and Data Protection Commissioner and the Italian Authority for Personal Data Protection. The questionnaire on health data sent by the Consultative Committee established pursuant to the Convention (T-PD) No. 108 of the Council of Europe dated 28.01.1981 “On protection of individuals by Automatic Processing of Personal Data” was completed and sent via e-mail along with the questionnaires completed by other health care institutions. In order to address recommendations made by the European Commission in the Progress Report of 2014 [“the Medias violates frequently the right for personal data protection”] as well as encouraged by multiple complaints in relation to the violation of privacy by the Media, the Information and Data Protection Commissioner has collaborated with the “Audio-visual Media Authority” (AMA) requesting from them also to take measures toward media violating the Law. In this framework, IDP Commissioner proposed the start of cooperation and joint meetings with actors operating in the field of audio-visual media and with AMA being the regulatory body, where issues related to finding the appropriate balance between freedom of expression and personal data protection could be addressed. In cooperation with the Ministry of Justice, through the working group established on “Anonymity of personal data in court rulings published in official portals of judicial system” a draft/instruction on anonymity of data in court rulings published in online portals was drafted. In the context of the Expert Mission (European Commission’s Evaluating Mission) “Peer Mission Review”, on field verification and evaluation of the implementation of principal reforms in the framework of Albania’s integration in the European Union of independent institutions, 36 recommendations were addressed to the Commissioner’s Office, on implementation mode of which the work has started, also in view of required cooperation with other institutions. Starting from September 2014 until April 2015 the Office of the Commissioner filed 92 complaints by legal and natural persons, related to violations and guaranteeing of the right to information. 26 decisions were taken while 17 complaints are being evaluated, 3 hearing sessions were held and 35 inspections were carried out. 85 controls and administrative inspections to different public and private controllers were exercised and 35 complaints were reviewed. In addition 20 controls were recorded to controllers of online web pages in the framework of publication of privacy policies along with 85 controls and proper inspections exercised in field and relating to more issues. The change of working strategy through concentration of controls (upon initiative or on complaint) in the field, leaded to the increase of fines imposed. At the conclusion of these controls, of the 32 hearing sessions held, the Commissioner issued 12 recommendations, 3 orders, 17 administrative decisions corresponding to 27 sanctions/fines. Institutional framework The Office of the Commissioner is the independent authority responsible to supervise and monitor, pursuant to the Law, the right to information and the protection of personal data, while respecting and guaranteeing the human rights and fundamental freedoms. During the reporting period the following acts were adopted:
Pursuant to the work of the Commissioner in unifying the internal legislation with the law on personal data protection, for the reporting period opinions were issued on 5 draft/laws, the draft/law “On Military Police in the Armed Forces of Republic of Albania”, draft/law “Administrative Procedures of Republic of Albania”, draft/law “On an addition in the Law No. 7850, dated 29.07.1994 “Civil Code of Republic of Albania”, draft/law “On some amendments to the Law No.8116, dated 29.03.1996 “Civil Procedures Code of Republic of Albania”, draft/law “On opening of State Security files and the process of lustration”, 18 draft/decisions/instruction/agreements as well as a decision was issued on international transfer of personal data. The IDP Commissioner organized a seminar with representatives of banking system, telecommunications, and public authorities operating transfers of data in French speaking countries, with the participation of French expert, Head of International Transfers of the French Authority for Data Protection. The Office of Information and Data Protection Commissioner, in collaboration with the Open Society for Albania Foundation OSFA, on 18 December 2014, organized the Conference “The Right to Information & Public Authorities”. The purpose of this Conference was the introduction of innovation of recently approved Law No.119/2014 “On the Right to Information” to the highest employees of public administration. An important event was the participation of the Commissioner’s Office in the 17th Book Fair “Tirana 2014”. During this event, awareness-raising materials were made available to the public, such as brochures and leaflets. During the days of Fair, the Commissioner’s stand was visited by 30.000 citizens, were they received information related to personal data protection by the staff of Commissioner as well as awareness-raising materials. On the occasion of 28 January 2014, International Day of Personal Data Protection, the Office of Information and Data Protection Commissioner along with representatives of EU delegation in Albania, welcomed at the European Union Information Centre a group of students to discuss together related to personal data protection and privacy in general. On 17 March the IDP Commissioner organized the Seminar with Public Authorities Coordinators. The aim of this seminar was to train coordinators of the right to information related to transparency programs and other legal obligations as well as the introduction with some practical cases. In March, the Commissioner’s Office in collaboration with the Albanian Banks Association organized the seminar entitled “Processing of employees personal in banking sector”. Economic and social aspects The administrative sanctions imposed in cases of infringements of Law on the right to information and the Law on personal data protection have increased the accountability of public authorities and public/private controllers as regards the implementation of decisions/recommendations issued by the Commissioner within deadlines set. CHAPTER 24: JUSTICE, FREEDOM AND SECURITY Key achievements Progres can be reported in the further improvement of the legal framework in line with European standards and with the aim to further meet the accession requirements. There is progress in terms of institutional cooperation among police, prosecution and other relevant institutions. Also cooperation with international organizations especially Europol is significantly increased. 24.1 External borders Legislative developments The following legal acts were approved during the reporting period:
Statistical data for the period September 1, 2014- March 31, 2015: The data for the period September 1, 2014 - March 31, 2015 are as follows:
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