Torture in  [Albania]  [other countries]
Human Trafficking in  [Albania]  [other countries]
Street Children in  [Albania]  [other countries]
Child Prostitution in  [Albania]  [other countries]
 

Torture by Police, Forced Disappearance

& Other Ill Treatment

In the early years of the 21st Century                                                                          gvnet.com/torture/Albania.htm

The Republic of Albania

Lagging behind its Balkan neighbors, Albania is making the difficult transition to a more modern open-market economy.

The agricultural sector, which accounts for over half of employment but only about one-fifth of GDP, is limited primarily to small family operations and subsistence farming because of lack of modern equipment, unclear property rights, and the prevalence of small, inefficient plots of land.

Also, with help from EU funds, the government is taking steps to improve the poor national road and rail network, a long-standing barrier to sustained economic growth.  [The World Factbook, U.S.C.I.A. 2009]

Description: Description: Description: Description: Albania

CAUTION:  The following links have been culled from the web to illuminate the situation in Albania.  Some of these links may lead to websites that present allegations that are unsubstantiated or even false.  No attempt has been made to validate their authenticity or to verify their content.

*** ARCHIVES ***

Torture in Albania

International Rehabilitation Council for Torture Victims (irct)

Developed in collaboration with the Albanian Rehabilitation Centre for Trauma and Torture (ARCT), June 2014

www.irct.org/Admin/Public/DWSDownload.aspx?File=%2fFiles%2fFiler%2fpublications%2fCountry+factsheets%2fCF+Albania+-+PUBLIC+EDIT+pdf.pdf

[accessed 23 June 2015]

www.arct.org/index.php/ourwork/arct-histor/71-arct/366-torture-in-albania-2014

[accessed 17 July 2017]

Despite positive efforts, Albania continues to struggle with the national enforcement of its international commitments to anti-torture conventions. The Albanian criminal justice system fails to implement or to correctly interpret the Article 1 of the United Nations Convention Against Torture (UNCAT), and the courts never apply Article 86 of the Albanian Criminal Code on Torture, which stipulates that any act of torture is punishable by five to ten years in prison. Furthermore, the country suffers from an inherited culture of impunity due to the damage caused by the previous communist regime.

The state of the world's human rights

Amnesty International AI, Annual Report 2012

www.amnesty.org/en/region/albania/report-2012#section-2-4

[accessed 13 Jan 2014]

TORTURE AND OTHER ILL-TREATMENT

Commissioners of the Ombudsperson’s Office visited Tirana police stations and detention centres following the January demonstrations. They stated that detained demonstrators, two of whom bore marks of physical ill-treatment, alleged being ill-treated during arrest, and that psychological pressure had been used to make them sign self-incriminating statements. Nine complaints of police ill-treatment were reportedly filed. In February, the Internal Control Service of the State Police undertook to investigate complaints, but by the end of the year no perpetrators had been brought to justice.

The Ombudsperson wrote to the Prosecutor General raising the case of Reis Haxhiraj, who was allegedly severely ill-treated during his arrest in March. The Ombudsperson stated that although his injuries were clearly visible, and he had complained of ill-treatment when brought before a judge to be remanded in custody, neither the police, prosecutor, judge or hospital staff had reported his ill-treatment or initiated an investigation. His requests to contact the Ombudsperson’s Office were ignored. The Prosecutor General subsequently instructed prosecutors and officers of the judicial police to collect evidence on the ill-treatment of detainees, in order to bring those responsible to justice, and an investigation was started into the alleged ill-treatment of Reis Haxhiraj.

ENFORCED DISAPPEARANCES

In December Ilir Kumbaro failed to appear at an extradition hearing before a court in London, UK. Albania had sought his extradition from the UK to face charges of torture and abduction in connection with the enforced disappearance in 1995 of Remzi Hoxha, an ethnic Albanian from Macedonia, and the torture of two other men. The judge revoked his bail and issued a warrant for his arrest, but at the end of the year his whereabouts remained unknown. Trial proceedings continued in Tirana against Ilir Kumbaro in his absence, and two other former officers of the Albanian National Intelligence Service, Arben Sefgjini and Avni Koldashi.

Human Rights Reports » 2006 Country Reports on Human Rights Practices

U.S. Dept of State Bureau of Democracy, Human Rights, and Labor, March 6, 2007

www.state.gov/g/drl/rls/hrrpt/2006/78797.htm

[accessed 15 January 2013]

TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT – The constitution and law prohibit such actions; however, the police and prison guards at times beat and abused suspects and detainees. The Albanian Helsinki Committee (AHC) and the Albanian Human Rights Group (AHRG) continued to report that police nationwide used excessive force or inhumane treatment. According to the AHRG, most mistreatment took place at the time of arrest or initial detention. Roma, Balkan-Egyptians, and homosexuals were particularly vulnerable to police abuse (see section 5).

In July the Council of Europe Committee for the Prevention of Torture (CPT) released a report based on its 2005 inspection of the country's prisons and detention centers. The report detailed widespread inhumane treatment and physical abuse of prisoners and detainees. During the year there were reports that police in various parts of the country, such as Korca and Vlora, beat and mistreated persons during their arrest or while in pretrial detention.

In May 2005 Besnik Kosturi filed charges against a Korca criminal police officer, Oltion Agolli, for mistreatment. The officer reportedly beat Kosturi for refusing to provide information on a pending case. Medical experts verified the abuse and the officer was suspended. The case was sent to the Korca district prosecutor's office, which declined to initiate formal proceedings due to lack of evidence.

In May the Vlora Office of Internal Police Control gathered information in the case of Arben Belaj against Dritan Veizaj, a member of the Vlora special police force, for allegedly beating Belaj. The information was forwarded to the Vlora District Military Prosecution and Veizaj was suspended from his duties pending the final court outcome.

The Shkodra District Military Prosecution investigated the 2005 case of Frendi Ndoci against Pjerin Lazri and other Shkodra police officers for allegedly beating him at the police commissariat. Lazri was found guilty and fined approximately $830 (80,000 lek).

At times police abused juvenile detainees. According to the Children's Human Rights Center of Albania (CHRCA), police sometimes used threats, violence, and torture to extract confessions from minors. In June Amarildo Perfundi, an 18-year-old high school student from Korca, was taken into custody for questioning for theft. Shortly after being released, Perfundi committed suicide. Several human rights organizations in the country criticized police handling of the case, citing psychological trauma and abuse on the part of police. The ombudsman investigated and found that the police had not followed legal procedures for arrest, detention, and questioning. The ombudsman concluded that the psychological trauma Perfundi sustained led him to commit suicide. Upon the recommendation of the ombudsman, the two officers involved, Altin Gusho and Gezim Mullai, were dismissed for failure to follow correct procedures. The case was forwarded to the district prosecutor's office for investigation and possible prosecution. The prosecutor found that there was insufficient evidence to bring charges against Gusho, and he was subsequently reinstated. Formal charges have been filed against Mullai.

Freedom House Country Report - Political Rights: 3   Civil Liberties: 3   Status: Partly Free

2009 Edition

www.freedomhouse.org/report/freedom-world/2009/albania

[accessed 15 January 2013]

High-level crimes associated with the Balkan wars of the 1990s have gone unpunished. In 2008, current tax-service chief Arben Sefgjini was facing trial along with three former security-service colleagues for the 1995 torture and murder of a man who may have witnessed conversations between then president Berisha and Yugoslav leader Slobodan Milosevic about oil smuggling.

Conclusions and recommendations of the Committee against Torture

Office of the United Nations High Commissioner of Human Rights OHCHR -- U.N. Doc. CAT/CO/34/ALB (2005)

www1.umn.edu/humanrts/cat/observations/albania2005.html

[accessed 21 February 2013]

7. THE COMMITTEE EXPRESSES CONCERN ABOUT THE FOLLOWING:

(a) Non-conformity of the definition of torture of the Criminal Code, with the definition of the Convention, which does not cover all the elements contained in its article 1, especially regarding persons acting in an official capacity;

(b) Qualification of acts of torture by law enforcement personnel only as “arbitrary acts” and, therefore, the treatment of those acts as less serious criminal offences;

(c) A climate of de facto impunity for law enforcement personnel who commit acts of torture or ill-treatment considering:

(i) Numerous allegations of torture and ill-treatment by law enforcement personnel, especially at the moment of arrest and interrogation,

(ii) Limited number of complaints regarding torture and ill-treatment, in particular to the Peoples’ Advocate,

(iii) Lack of prompt and impartial investigation of allegations of torture and ill treatment committed by law enforcement personnel, and

(iv) Absence of convictions in cases of torture, under article 86 of the Criminal Code, and limited number of convictions of torture with serious consequences, under article 87 of the Criminal Code, of law enforcement personnel, all of which may also indicate that there is a lack of victims’ awareness of their rights and that there is a lack of confidence in the police and judicial authorities;

(d) Difficulties for victims of torture and ill-treatment to file a formal complaint with public authorities, to obtain medical evidence in support of their allegations and to present that evidence;

(e) Allegations of cases of lack of independence of the judiciary;

(f) No universal jurisdiction of the Albanian courts in cases involving torture;

(g) Lack of clear legal provision prohibiting the use of any statement obtained under torture as well as of any clear legal provision stating that an order from a superior may not be invoked as justification of torture;

(h) Failure to ensure fair and adequate compensation, including rehabilitation for all victims of torture, including ex-political convicted and persecuted persons;

(i) Lack of implementation of the fundamental legal safeguards for persons detained by the police, guaranteeing the right to inform a relative, of access to a lawyer and a doctor of their own choice and to be provided with information about their rights and, in addition for juveniles, the presence of their legal guardians during interrogation;

(j) Poor conditions of detention and long pre-trial detention period, up to three years;

(k) The existence of an additional 10 hour administrative detention period for interrogation before the maximum 48 hour period is calculated for a person to be brought before a judge;

(l) Absence of visits to police stations by the Office of the Ombudsman on a regular and unannounced basis;

(m) Absence of systematic medical examination of detainees within 24 hours of their admission to prison, poor medical care in detention facilities, lack of training for medical personnel and medical personnel of prisons not under the authority of the Ministry of Public Health;

(n) Legal possibility of refoulement of persons without any procedures in cases of interests of public order or national security;

(o) The reported prevalence of violence against women and girls, including sexual and domestic violence, and the reluctance on the part of the authorities to, inter alia, adopt legislative and other measures to counter this phenomenon.

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Cite this webpage as: Patt, Prof. Martin, " Torture by Police, Forced Disappearance & Other Ill Treatment in the early years of the 21st Century- Albania ", http://gvnet.com/torture/ Albania.htm, [accessed <date>]

 

 

Torture in  [Albania]  [other countries]
Human Trafficking in  [Albania]  [other countries]
Street Children in  [Albania]  [other countries]
Child Prostitution in  [Albania]  [other countries]