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Grave Situation at Detention Facilities of Vlorë, Fier,
and Lushnje
July 14, 2006
In the context of its regular monitoring in detention
facilities, the Albanian Helsinki Committee conducted
observations at the Vlorë, Fier, and Lushnje detention
facilities during July 10-12, 2006. At the conclusion of
these observations, it resulted that:
1.
The infrastructure of the
monitored institutions was extremely worn out.
Equipment, beds, mattresses, and sheets were too
overused. Hygiene and sanitation conditions were very
poor and equipment and sheets were unclean. Family
members of detainees provided part of personal hygiene
items. This situation is in contravention of the
Justice Ministry’s Regulations No. 3750/2, dated
23.07.2003 “On the organization and functioning of the
detention system”.
2.
The food norm for detained
persons was below the acceptable level. Its contents
were not checked by the medical doctor. Such a
situation is in contravention of articles 17 and 19 of
the above mentioned Regulations.
3.
There was no doctor in the
Lushnje and Vlorë detention facilities. This
situation is in contravention of article 29 of the law
“On the rights and treatment of persons sentenced to
imprisonment” and articles 21-23 of the above mentioned
Regulations.
4.
Overcrowding continued in
the detention facilities although improvements may
be noted in this aspect. It is disturbing that the Vlorë
detention facility continues to host 37 detainees above
its capacity, the Fier one hosts 40, whereas the Lushnje
facility hosts 24 persons above the allowed capacity.
This situation is a maltreatment of detainees and
causes severe violations of their rights such as the
lack of detainees’ classification by age groups, by type
of criminal offence committed, and by intellectual and
psychological characteristics.
This situation violates article 3 of the European
Convention on Human Rights, “Prevention of Torture”,
article 25 of the Constitution of the Republic of
Albania, requirements of law no. 8328, dated 16.04.1998
“On the rights and treatment of persons sentenced to
imprisonment”, as well as the Justice Ministry
Regulations no. 3750/2, dated 23.07.2003, “On the
organization and functioning of the detention system”.
It is also disturbing that every cell hosted 8 to 10
individuals, thus failing to fulfill legal requirements
regarding living areas, space, and airing systems for
the purpose of ensuring as normal living conditions as
possible.
5.
It is worth mentioning that
juveniles were not placed in a special section
separate from adults. This is in contravention of
international standards and Albanian legislation
requirements, which stipulates that juveniles should be
kept separately from detained adults.
6.
There were 7 persons
convicted through final court decisions in the detention
facilities of the Fier Police Directory and the Lushnje
Police Commissariat. Keeping them there is a serious
violation of law no. 8331, dated 21.04.1998 “On the
execution of penal decisions”.
7.
The monitored institutions
featured a total lack of medical medicaments.
Furthermore, there was no stomatological service.
These deficiencies run against article 21 of the Justice
Ministry Regulations that require health service,
medical exams, and stomatological service for
detainees.
8.
Detained persons kept at
the Fier and Lushnje detention facilities were forbidden
to keep pens, radio sets, newspapers, books, etc.
Although the Albanian Helsinki Committee has highlighted
the fact that Regulations No. 1075, dated 15.09.1999,
approved by the Interior Ministry should have been
invalidated, particularly following the approval of the
Justice Ministry Regulations No.3750/2, dated
23.07.2003 “On the organization and functioning of the
detention system”, it is still enforced. As a result,
detainees’ rights are seriously violated.
It is worth mentioning that article 75 of the law No.
8328, dated 16.04.1998, “On the rights and treatment of
persons sentenced to imprisonment”, says: “The
provisions of this law are enforced also on arrestees
and detainees while respecting limitations established
for them in other laws”. This means that no
limitation regarding detainees’ rights may be
established through Regulations.
Stemming from the findings of this monitoring, the
Albanian Helsinki Committee deems it necessary to
address again the Ministry of Justice, the Interior
Ministry, and the General Directory of Prisons to take
immediate measures to improve the situation as soon as
possible. This would help respect the rights of
detainees in keeping with Albanian legislation and
international documents and put an end to the violations
that were found.
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