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NEWS RELEASE
"Respect for the rights of
pre-detained persons – issues of the law and of practice."
On April 14, 2005, the Albanian Helsinki Committee organized at the Rogner Hotel a working round table on "Respect for the rights of pre-detained persons – issues of the law and of practice." Invited to the round table discussion were senior representatives of the Ministry of Public Order, the
Ministry of Justice, the General Directory of Prisons, officials of detention institutions monitored by the AHC as well as AHC observers. The purpose of this round table was to address a few problems that emerged from the implementation of Regulations No. 1075, dated 15.09.1999, of the Ministry of Public Order "On the safety and treatment of pre-detainees," which are problems that have
been noticed in the course of continued observations that the AHC has undertaken.
The Albanian Helsinki Committee, by means of this round table, also drew once again the attention that Regulations No. 1075, which has been approved by the Ministry of Public Order is in contradiction of Law No. 8328 dated 16.4.1998 “On the rights and treatment of persons convicted to
imprisonment." With regard to this sub-legal act, the AHC has presented its reservations officially from the moment when these regulations entered into effect, but unfortunately, these were not taken into consideration by the respective state authorities.
Speakers at the round table discussion talked about several concrete problems that limit or deny the legally sanctioned rights of pre-detained persons due to the implementation of these Regulations. Some of these problems have been listed below:
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Deterioration of sanitary conditions in pre-detention facilities as a result of limited time for pre-detainees to take care of their personal needs.
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Lack of relevant provisions that would ensure legally established standards with regard to the personal hygiene of detainees.
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Lack of provisions in the Regulations regarding the provision of quality food and its control.
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Lack of provisions that would guarantee 24-hour health service, as provided for by Law No. 8328, dated 16.4.1998 “On the rights and treatment of persons convicted to imprisonment."
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Prohibition of any kind of informative or religious literature in the pre-detention rooms. This is a flagrant violation of a legal provision, article 41 of Law no. 8328, dated 16.4.1988 “On the rights and treatment of persons convicted to imprisonment."
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Lack of sub-legal provisions regarding the provision of educational work in pre-detention institutions.
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Lack of sub-legal arrangements that would make possible a special treatment of juvenile and female pre-detainees.
Furthermore, AHC representatives, based on the analysis of these issues, emphasized that the implementation of these Regulations is unacceptable, especially following the approval of Regulations 3750/2, dated 23.7.2003 of the Ministry of Justice "On the organization and functioning of the
pre-detention system." The AHC is of the opinion that, although the majority of pre-detention facilities are not administered by the Ministry of Justice, they are legally under its jurisdiction from 2001.
At the conclusion of the round table discussion, the AHC presented the following recommendations:
a)
Law No. 8328, dated 16.4.1998 "On the rights and treatment of persons convicted to imprisonment" and the Regulations of the Ministry
of Justice should be implemented at all pre-detention facilities.
b)
Regulations No. 1075, dated 15.9.1999, of the Ministry of Public Order, should be annulled.
c)
The Regulations of the Ministry of Justice should be sent to all police stations or all pre-detention facilities.
d)
Familiarization with the Regulations of the Ministry of Justice for all employees serving in pre-detention facilities should be planned.
e)
Detainees should be made familiar with (using the most appropriate forms) the contents of the Regulations of the Ministry of Justice.
The AHC hopes that the respective state bodies will undertake the proper measures to ensure the respect for all the rights of pre-detained persons and to guarantee their treatment in accordance with Law No. 8328, dated 16. 4. 1998 “On the rights and treatment of persons convicted to
imprisonment."
This round table discussion was organized in the framework of the project "Prison reform and the role of the civil society in Albania," which is financially supported by the Swedish Helsinki Committee.
Tirana, 14.04.2005
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