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Detained
persons are unlawfully kept in police detention
facilities
03.03.2008
On February 27, 2008, a group
from the Albanian Helsinki Committee (AHC)
observed the situation of respect for human
rights in the detention facilities of the Vlorë
police commissariat.
According to article 28, item 2,
of the Constitution of the Republic of Albania,
persons deprived of their liberty, within 48
hours, should be presented before a judge who
rules on his detention or release, no later than
48 hours from the moment of obtaining
documentation for review, whereas according to
item 5 of the above provision, the person
deprived of his liberty enjoys the right to
humane treatment and respect for his dignity.
Detained persons are kept in facilities
determined by law as detention facilities.
During the observation in the
detention facilities of the Vlorë police
commissariat, it resulted that:
1. In flagrant
contravention of constitutional provisions
and the penal procedure code, 7 persons,
whom the court has remanded to imprisonment,
are still being kept in pre-trial detention
facilities for a period of 5 to 15 days from
the day of their arrest.
2. Although the convict
Dh.J., convicted in absentia by the Vlorë
District Court, should have been transferred
immediately to the respective prison, he is
still kept at the police commissariat.
3. The law establishes
that the arrest of elderly persons should be
an exclusive one. The monitoring group found
that two elderly persons were kept in the
commissariat detention facilities: H.Sh. and
M.Ç., 72 and 84 years old respectively; they
were ill and needed special medical
treatment. Their keeping in the facilities
was beyond deadlines specified by law and in
serious contravention of the law.
4. AHC found that the
situation of the pre-trial detention
facilities for Albanian citizens by police
in this commissariat was very grave. All
necessary items were totally lacking.
Although the rooms function for keeping
persons detained by police for very brief
periods of time, their use for detained
persons had led to overcrowding, stress, and
displeasure.
AHC found that the situation of
the detention facilities does not provide for
the most minimal conditions for a citizen that
may be accompanied by police even for simple
verification purposes by the Vlorë police
commissariat.
AHC brings to the attention of
the public that pre-trial detention facilities,
including the Vlorë detention facility, responds
to the Ministry of Justice. Based on contacts
with police personnel, AHC was informed that
detention institution officials have not
admitted arrested and detained persons in this
institution. As a result, the rights of
detainees, guaranteed by law No. 8328, dated
16.04.1998 “On the rights and treatment of
persons sentenced to imprisonment” and the
Regulations of the Ministry of Justice of 2006,
“On the organization and functioning of the
pre-trial detention system,” continue to be
violated seriously.
Regarding the above, the Albanian
Helsinki Committee deems it necessary to:
1. Publicly denounce the
grave situation of the treatment of arrested
persons, the serious violation of laws
regarding the functions of detention
facilities.
2. AHC demands from the
General Directory of Prisons to order Vlorë
pre-trial detention officials to not refuse
admitting persons arrested by courd
decisions and to take immediate measures to
immediately conduct the transfer of detained
persons to pre-trial detention facilities.
3. AHC suggests to the
Minister of Justice to instruct the rigorous
enforcement of article 75 of law no. 8328,
dated 16.04.1998, whose provisions cover
arrestees and detainees.
4. AHC suggests to the
Minister of Justice to take measures in
order for such situations to not be repeated
in the future in this or other
commissariats.
5. AHC calls upon the
General Directory of State Police to
undertake measures to guarantee minimal
physical conditions for keeping detained
persons int he premises of the Vlorë
Commissariat.
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