Violence use is punishable

The detainees must be treated in compliance with the law

On Friday, of the date May 7 , 2004, by 22:00 hours arrested and sentenced people at the Police Station of the district of  Laç  revolted and took hostage a guardian. They claimed that the conditions at the pre-detention sites were bad and there have been cases of maltreatment and that also some convicted people with final form decision from the court were not yet transferred to prisons.

Incited by this event as well as assessing the situation of the pre-detention sites in Albania, Albanian Helsinki Committee (AHC) time after time has reacted towards the violation of their rights of the detained, arrested and sentenced people. Despite the reactions on the part of the organizations, local and international, the situation at the pre-detention sites is still problematic.

AHC regretfully underlines that the transference process of the pre-detention sites from the authority of the Ministry of Public Order under that of the Ministry of Justice has been awkward and partially formal.  This process initiated since the transference of the Police Station in Vlora, showed  that the situation of the rights of the arrested people has not improved. It is a paradox the fact that transference of this pre-detention site has been partial, as long as the management of this police station is partially under the authority of the Ministry of Public Order and that of the Ministry of Justice.

AHC highlights that for some years mention is made of the opening of the prison in Lezha and also the full capacity utilization of the prison in Peqin. According to Mr. Ramadan Hasanaj, General Director of Prisoners in Albania, the high security section with a capacity of 400 seats at the Prisons of Peqini is out of function. The prison in Lezha with a capacity of 1500 seats has not been utilized.  AHC shares the opinion that the opening of this prison and the complete utilization of the prison in Peqin would solve out the problem of prison overcrowding and would improve the observance of the rights of the arrested and convicted people.

AHC condemns the acts of the collective revolt and the hostage taking of the pre-detention site staff, but at the same time it appeals to the prosecutor’s office to impartially and with priority investigate this occurrence and also the claims for maltreatment of the arrested people on the part of the detention sites staff as well as about the bad conditions in this police station.

AHC appeals to the Albanian Government and especially to the Ministry of Public Order to speedily carry out the transference process at the pre-detention sites, by taking concrete and fund-based action and not formal transference that deteriorates the position of the arrested and condemned people.

Albanian Helsinki Committee has frequently stressed out this problem, but disappointedly confirms that the international acts and constitutional provisions, the law 8328, dated 16.04.1998 ‘ On the Rights and the treatment of the prison sentenced people’ are constantly violated.

AHC appeals to the General Prosecutor’s Office to take action to strengthen monitoring of this body as regards the observance of the arrested and convicted people rights and their treatment in the pre-detention sites and prisons.

AHC appeals to the district prosecutor’ s offices where there are pre-detention sites to reinforce their control about the procedure of the execution of the penal decisions and the respect to the transference terms of the convicted people from the pre-detention sites to prisons.

Albanian Helsinki Committee appeals to the Ministry of Justice to revise the regulation about the treatment of the people at the pre-detention sites aiming at their human treatment.

Albanian Helsinki Committee appeals to the Ministry of Public Order and the General Directorate of Prisons to take administrative actions towards people who manage the pre-detention sites and prisons when they violate the law and the internal regulation of the institutions.