Serious violations of citizens' rights in the police commissariats of Fier and Kruja

Tirana, 11 December 2004  

During the period 19-27 November, groups of monitors of the Albanian Helsinki Committee conducted observations in the Police Commissariats of Fier and Kruja to take an on-site look at respect for the rights of detainees. Based on contacts with the personnel of commissariats and persons being held in detention facilities, it results that:

1       The overcrowding of detention facilities remains disturbing. While the capacity of detention facilities in the Fier police commissariat is for 48 persons, the monitoring mission found that a total of 114 persons were being held in the detention rooms; 13 persons were being held above the capacity limit in the Kruja commissariat.

2       As a consequence of the overcrowding of detention rooms, there were difficulties with sleeping and hygiene int hese rooms, as well as the placement of juveniles together with adults. Detainees slept in inappropriate conditions, on the ground and using very old mattresses.

3       There is only one bathroom, which creates difficulties in meeting personal needs and in maintaining personal and collective hygiene.

4       Both observed commissariats had persons convicted through final decisions and who continue to be kept in detention rooms, in spite of efforts made for their transfer to the appropriate prisons.

5       The facilities of the Kruja commissariat are part of an old building constructed in 1936; the corridors are humid and unpainted.

6       Health care is also unsatisfactory. Detainees complain that there are delays in the provision of medical visits and assistance.

7       The group of monitors held meetings with detained individuals in both commissariats. The largest part of detainees contacted said that at the time of their detention or arrest they were not notified of the rights they enjoy according to the Code of Penal Procedures. 

8       Detainees are deprived of some rights that they should enjoy according to the law "On the rights and treatment of persons convicted to imprisonment". Article 75 of this law says that its provisions also cover detainees, with the exception of exemptions provided for by law".

9       Due to the overcrowding of detention facilities, there have been some cases of limitations on meetings of detainees with family members or cousins, as well as cases of the failure to allow detainees to walk out to get fresh air.

The Albanian Helsinki Committee points out that during these years, it has reacted publicly several times to this situation that violates the rights of citizens as well as the minimal standards established by international documents and Albanian legislation. However, we find that the situation remains the same.

The Albanian Helsinki Committee is of the opinion that it is primarily up to the Ministry of Justice to take the appropriate measures for the improvement of this situation. In that regard, placing detention facilities under the responsibility of the Ministry of Justice quickly and the exploitation of all opportunities for legal provisions in force to find complete application would be a considerable contribution. 

The Albanian Helsinki Committee calls upon the Ministry of Public Order to undertake the proper measures to alleviate the problems that currently exist int eh detention facilities. The fact that these facilities are still in the premises of the police commissariats and are overseen by police officers, obliges this Ministry to enforce the law and respect the rights of arrested persons. The AHC reiterates the fact that the arrested individuals, until there is a final court decision, are considered innocent.

The Albanian Helsinki Committee calls upon the prosecutor's office and Albanian judiciary organs to increase their effectiveness and the speed of penal proceedings, in order to avoid cases of keeping arrested persons in detention facilities up to the very end of maximal legal limits.