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Poor
conditions at the Vlora commissariat
02.04.2008
On April 2, 2008,
Albanian Helsinki Committee observers, based on
data from the media and complaints from some
citizens, went to the Vlorë Police Commissariat
to look at the situation of some citizens
detained by judicial police bodies on site.
During the
verification, it resulted that:
On the evening of March 31,
2008, Vlorë police accompanied to the police
commissariat 11 persons suspected of organizing
and participating in an illegal rally and
obstruction of traffic.
After the detention, the
prosecutor’s office was notified and the release
of 5 persons was determined immediately after
that. 6 others were kept in detention for the
above charges, awaiting a remand measures by the
Court.
All detainees were asked
about the right to defense by a lawyer, but only
two of them had asked for defense by the same
lawyer.
Considering that an
investigation has been initiated by the
competent body (Prosecutor’s Office), that is
the body to conduct investigations and verify
and assess the data and charges against them.
Independently from
that, AHC deems it necessary to highlight the
following issues:
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The defense
lawyer of the detainees Sadrit Danaj and
Besnik Lulaj, was not allowed to contact the
two detainees with the justification
that they had no special authorization to
prove that he was the lawyer the detainees
wanted. This act, although it may come from
lack of knowledge of the law, is in
contravention of article 48 of the Criminal
Procedure Code that envisions the selection
of a defense lawyer by the accused through a
declaration before the relevant body, which,
in this case, was done. This violation was
reversed later. It also is in contravention
of article 53 item 1 of the Criminal
Procedure Code, which guarantees the right
of the detained person to speak with his
defense lawyer immediately after his
detention or arrest.
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The facility
conditions of the detainees or arrestees in
this commissariat were very poor, a
fact emphasized and denounced before during
AHC’s observations. Concretely:
A total of 19 persons were
found in two rooms with a capacity for only 6
persons. One of these rooms had a mattress, the
other only blankets. The most minimal hygiene
conditions were lacking. The rooms lacked
windows and airing and had litter on the ground
as well as bad smell.
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The conditions of
the detention rooms were extremely bad.
They were very small, lacked any equipment,
lighting, windows, and were inappropriate
even for storing goods. It is known that
such premises are for persons accompanied by
police for verification, not because of the
commission of any crime. These rooms had no
mattress or blanket. Therefore, the
accompanied persons who could be kept up to
10 hours, were obliged to remain on the
ground.
AHC considers it
necessary to emphasize that such conditions are
not only entirely inappropriate, but the keeping
of persons in them, whether accompanied or
detained, contains elements of torture and
inhuman or humiliating treatment. It is
worth mentioning that article 25 of the
Constitution prohibits any kind of torture,
inhuman or humiliating treatment.
Precisely for these
reasons, AHC suggests to the Interior Ministry
to take immediate measures to end this
situation.
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The bureaucratic
and unjustifiable procrastination of the
immediate transfer of persons for whom there
is a remand measure (detainees),
which is in violation of the 2006 pre-trial
detention regulations remains
problematic. It is also
illegal to keep persons sentenced through a
final court decision in police commissariats.
For instance, Agim Jonuzi, from March 19,
2008, remains in these premises;
furthermore, he is ill and is not being
provided doctor-recommended medicine. This
is in violation of the law “On the treatment
and rights of convicts” and the law “On the
execution of criminal decisions.”
AHC calls upon the
Ministry of Justice and the General Directory of
Prisons to ensure that, in keeping with the law,
persons sentenced through a final court decision
serve their terms in the proper institutions.
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