Rund tables

The Ministry of Justice in cooperation with UNICEF and the Albanian Helsinki Committee arranged the round table “Juvenile Justice- the present and the perspective”

19.01.2005

In the context of the legal reform for upgrading the legal juvenile system, the Ministry of Justice in cooperation with UNICEF and the Albanian Helsinki Committee arranged the round table “Juvenile Justice- the present and the perspective” on January 18, 2005.

The round table aimed at forwarding the main directions for the drafting of the national strategy for the reform in the legal juvenile system; the introduction of the legal package on the changes of the Albanian legislation as regards the juveniles drafted by a group of experts from the Ministry of Justice, supported by UNICEF; discussion of this package by sharing opinions and comments from the local and foreign human rights organizations that contribute to the practical enforcement and the monitoring of these laws.

In its first session, representatives of the Ministry of Justice put forth some of the main directions that will be covered by the strategy for the legal juvenile system, whereas during the second session the legal package of amendments as well as some of the proposals included in this package were introduced.

Albanian Helsinki Committee, contributed by providing opinions related to this package. AHC representatives focused the discussion on some significant issues of the package such as: age of the criminal liability for the juveniles, health and educating sanctions for the juveniles and their practical application, enforcement of the penalty offense, the need of setting up juvenile sections in the judicial district courts and the training of the judges, prosecutors and the judicial police officials.

AHC shares the idea that the proposal to increase the initial age of the criminal liability from 14 to 16 years of age demands a preliminary research on the criminality rates under the age of 16, assessment of the dangerousness of the committed criminal offences from the juveniles, setting up social care centers and children rehabilitation centers for the juveniles exempted from punishment, as well as the court liability to place juveniles in these centers because although they do not have criminal liability they commit criminal offenses of a high social risk.

As regards the enforcement of the tax penalty for the juveniles, AHC considers that the proposal is appropriate, but the implementation of this sanction will encounter difficulties if the proposed amendments do not specify the person that will pay the penalty for the children having no employment. Furthermore, AHC thinks that penalty collection can pose difficulties as most of the children that commit crimes come from marginalized families. To this end, AHC shares the opinion that if the families have their own income, the penalty payment is effected by the parent, guardian or the person that has the child under custody whereas for the children who come from families that can not afford to pay the penalty, other alternative sanctions must be applied.

As regards the alternative sanctions proposed to be included in the Criminal Code, AHC assumes that their adoption is indispensable. Their application will impact the improvement of the juvenile reintegration policy for those juveniles that commit crimes. Alongside the adoption of these sanctions, the need is to concurrently set up integration and reintegration institutions, to select qualified staff and trained in the juvenile domain, as well as to train judges and prosecutors that will grant justice for the juveniles.

AHC deems as necessary that alongside the adoption of the proposed amendments, there must simultaneously be drafted the legal acts and by-laws related to the operation of services that will supervise the implementation of the alternative sanctions and also there must be assigned the role of a psychologist.

In relation to the upgrading of the Albanian legislation for the treatment of the juvenile convicts in detention sites and prisons, AHC appreciates the proposed amendment, but assumes that imprisonment must be the last sanction to be enforced for the juveniles.

This round table had the participation of the state institutions, their activity related to the juvenile rights, members of the working group that drafted the legal package, members of the commission for the legal reform, representatives of the foreign organizations that operate in Albania, experts of the juvenile domain, representatives of the civil society having as the focus of their activity the protection of citizens rights in general and especially juvenile protection.