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of the book “Pre- detentions and prisons conditions in Albania” This
book is structured in some chapters where each of them deals with a
particular set of issues. These chapters contain data gathered through
studies and research on the Albanian penitentiary legislation,
international instruments acting in this field, findings of the monitoring
missions carried out by the AHC during the The
chapter one “An Introduction to the Albanian Penitentiary System” describes
the pre-detention and prisons’ system in Albania, the reforms
undertaken, data on these facilities and their capacities has been
provided as well as data on the pre-detained and convicted persons. This
chapter enables the reader to receive a general information on the
measures taken by the state institutions aiming at the improvement of the
conditions in the Albanian pre-detention facilities and prisons, on the
efforts and initiatives undertaken in order to improve the quality of the
personnel and the good management of these institutions. Some of the ideas
provided in this chapter are: moving pre-detention facilities from the
Ministry of Public Order to the responsibility of the Ministry of Justice
as a necessary process which should be carried out as soon as possible and
intensifying the reforms in the Albanian prisons’ system. The
chapter 2 “The Albanian Penitentiary System and its Implementation in
Practice” provides the reader with a short overview on the
developments of the Albanian penitentiary legislation, from the beginning
of the pluralist period to our days, analyzing these developments using a
step by step approach. Special attention has been given to the analysis of
the legal framework and international norms upon which the reforms of the
Albanian penitentiary legislation were based. Since
the most significant developments in this area have taken place after year
1995, a year when the Criminal Code and the Criminal Procedural Code were
approved, this chapter deals especially with the legislative reforms taken
place during 1995-2002. A special place in this chapter is given to the
analysis of the law “On the rights and treatment of the persons
sentenced with imprisonment” and the law “On the execution of the
penal decisions”. Chapter
3 “Problems related to the infrastructure and physical conditions of the
pre-detention facilities and prisons based on the monitoring experience of
the AHC” deals with the legal aspects related to the physical
conditions in prisons and pre-detention sites, the hygienic-sanitary
status of these facilities, food, clothes, coverings and facilities of
getting fresh air. Special focus has been given to the regulations
provided by law related to the possibilities for educational and labor
programs, and possibilities of exercising religious rites. Alongside
the legal aspects mentioned above, this part of the book deals with
problems observed during the monitoring rounds carried out by the AHC
where the focus has been to observe the facilities created for services
providing the pre-detained and convicted persons with human treatment,
reeducation and reintegration programs. The
main idea of this chapter is that despite of the improvements taken place
related to the infrastructure of the pre-detention sites and prisons,
there is still much to be done in this direction. In addition, the
infrastructure of the pre-detention sites and prisons create possibilities
for either realizing or violating the rights of the pre-detained and
convicted persons. In
the chapter 4 “The Respect of the Rights of the Arrested and Convicted
Persons in Albania” the analysis of the status of the rights of the
arrested and convicted persons in Albania has been presented. Although,
the international documents and the Albanian legislation provide for a
number of rights related to the arrested and convicted persons, this
chapter deals with some of the rights which have been violated and that
AHC has made them object of its monitoring rounds. This chapter presents
the most violated rights at the first moment of detention and arrest of
the person, the use of violence and other forms of maltreatment, the
implementation of education and labor programs. A
special attention in this chapter is paid to the phenomenon of
overcrowding, problems related to the execution of penal decisions and the
role which the external mechanism of control plays in this direction. The
legal analysis of the above-mentioned issues is followed by another
analysis of the main reasons of these violations. The respective
recommendations for the improvement of human rights situation in this area
are provided too. A
special place in this chapter is given to the external control mechanisms
in pre-detention facilities and prisons and the role played by the
Albanian civil society in general as well as the role of the AHC in
particular. The
main idea presented in this chapter is that despite of the positive
developments which have taken place in the area of the rights of persons
detained and arrested, it is still much to be done regarding the treatment
and reintegration of these categories of citizens into the society.
Therefore, it is a necessity to intensify reforms and continue with the
supportive initiatives in this area. Alongside the improvement of the
physical conditions in these institutions, very important are the
following: the increase of the professionalism level of the base and high
level personnel of these institutions; a more qualified recruitment of the
personnel; their on-going training aiming at a better knowledge and
respect of the rights of the persons arrested and convicted. Alongside
the responsibility the state has in this direction, the role of the civil
society is very important. Regarding this role, it is highlighted that in
addition to the monitoring of the rights of these categories of citizens
and reacting publicly in cases of human rights violations, it is important
to assist and co-operate with the state institutions in intensifying the
reforms initiated in the Albanian police and prisons’ administration.
Chapter
5 “the treatment of vulnerable groups in pre-detention sites and
prisons” handles the respect of the rights of juveniles, women, and
mentally disturbed persons in the Albanian pre-detention sites and
prisons. The analysis of this chapter is based on the monitoring
experience AHC has as well as on the experience AHC has got with letters
and complaints of the individuals belonging to these groups. The main idea
of the chapter is that much more is needed to be done regarding the
treatment of these vulnerable groups. In addition to the legal
improvements, improvements of the physical conditions of these
institutions where these vulnerable groups are accommodated are necessary
as well as training of the personnel working with these categories of
citizens. Appendix
Parts from the international and Albanian legislation regarding the
treatment of the pre-detained and convicted persons in Albania This
part of the publication presents a summary of the most important
regulations defined in different laws regarding special aspects dealing
with the penitentiary system in Albania. The reader will find many
international and national documents in a summarized form which should be
taken into consideration in the daily activity of the public servants of
the institutions responsible before law for the execution of the penal
decisions and the treatment of the pre-detained and convicted persons.
This part will assist the work of the Albanian and foreign researchers,
the professionals who work with these categories of citizens, the students
of the Faculty of Law, Police Academy students and students of the Faculty
of Social Sciences.
This
book is available in Albanian and English language. If
somebody is interested in ordering this publication, please contact the
Albanian Helsinki Committee in the following address: Albanian
Helsinki Committee Rr.
Sami Frasheri, pall 20/1, Hyrja B, ap 21. Tirana Albania E-mail:
office@ahc.org.al www:
ahc.org.al Tel/ fax: 00355 4 23 36 71 |
implementation of a three years program ”Monitoring pre-detention sites
and prisons in Albania", conclusions of the seminars, round tables
and conferences on related issues of the respect of human rights in the
Albanian pre-detention sites and prisons, and on the analysis of letters
and complaints from different citizens on issues which are object of study
of this publication.