1. Activities Envisaged Addressing the Priority

Priority 12: Take additional measures to improve treatment of detainees in police stations, pre - trial detention and prisons. Strengthen the judicial follow up of cases of ill-treatment and improve the application of recommendations of the Ombudsman in this field.

1. Activities envisaged addressing the Priority

The new Action Plan[1] addressing the Recommendationsof the European Commission Opinion for Albania brought several changes in order to achieve better compliance, inter alia,with theRecommendation no.12. The new AP aims to achieve 8 goals/objectives through the implementation of 80 measures overall. The measures aim to strengthen and improve the capacities of penitentiary institutions, police facilities and Probation service, in both terms of infrastructure and human resources, to improve the respective legal framework and the implementation. The new Action Plan pays a special attention to the implementation of the recommendations of the Ombudsman and better protection of the rights of the children in conflict of the law inter alia through avoiding and reducing their stay in detention. Most of the measures address legislation implementation[2] (37%) and legislation adoption (25%). The rest of activities address the improvement of infrastructure (19%) increasing professional capacities of relevant staff in public institutions (9%), and inciting cooperation between different actors[3] (10%).

The new Action Plan has reflected some of the recommendations provided by the OSFA Civic Monitoring Report 2011 related to measures addressing recommendation 12, only partially. Particularly the activities suggested in the specific recommendations have not been reflected in the new activities of revised Action Plan.

2. Qualitative Assessment of the implementation of each activity:

Goal 1: Increasing the capacity of penitentiary institutions and improvement of conditions

Measure 1.1: Drafting and sending for consideration and approval the draft-law "On some amendments to the Law no 8328, dated 16.04.1998 "On the rights and treatment of the inmates and detainees", as amended.

Responsible institution: Ministry of Justice, Council of Ministers, Assembly
Deadline of Implementation: Second semester of 2012
Status: Not implemented - deadline continues till the end of 2012

Justification: MJ as key institution for implementation of this measure has not responded to OSFA’ request for information[4]. No information is published for this measure in the websites of the responsible institutions or in the four periodical reports that MoIE has issued during April – September 2012[5], for the implementation of the revised Action Plan. Also, NGOs[6] active in the fields covered by this law donot have information about the initiation of its draftingprocess. Albanian Helsinki Committee considers that MJ is a closed institution in its activity of legal drafting, due to lack of the transparence and limited consultancy with domestic NGOs and groups of interest[7].

Measure 1.2: Drafting and sending for consideration and approval the draft-law “On some amendments to the Law no 10 032, dated 11.12.2010 "On penitentiary police".

Responsible institution: Ministry of Justice, Council of Ministers, Assembly
Deadline for Implementation: Second semester of 2012
Status: Not implemented - deadline continues till the end of 2012

Justification:MJ as key institution for implementation of this measure has not responded to OSFA’ request for information[8]. No information is published for this measure in the websites of the responsible institutions or in the four periodical reports that MoIE has issued during April – September 2012[9], for the implementation of the revised Action Plan. No information is published for this measure in the websites of the responsible institutions. Also, NGOs[10] do not have information about the initiation of the draftingprocess of this law.

Measure 1.3: Construction of the new Pre-trial Detention Centre in Elbasan

Responsible institution: Ministry of Justice and Directorate General of Prisons
Deadline for implementation: March 2012
Status:Implemented late

Justification:The pre trial detention center was reported as close to finishing and that in March of this year the ‘equipment contract’ was being carried out.[11] In a subsequent report it was stated that the “Ministry of Justice has even signed the “Provisional Acceptance Certificate.”[12]The Minister of Justice has approved the categorization of the new facility as a pre-trial detention centre.[13] NGOs[14] have trained the new staff of this institution. This institution was inaugurated by the Minister of Justice and the head of the EU delegation in Albania on October 2, 2012. Its capacity is 120 people and it has separate sections for women and minors. [15]The next step is going to be the issue of orders for the transfer of inmates.

Measure 1.4: Construction of the new Pre-trial Detention Centre in Berat

Responsible institution: Ministry of Justice and General Directorate of Prisons
Deadline for implementation: December 2012
Status:Partially implemented -deadline continues till the end of 2012

Justification:Work is still in progress for the completion of the pre-trial detention center in Berat and the equipment contract has been signed.[16] It is unlikely that the center will be done until the end of the year as predicted in the deadline set by the Action Plan since in the website of the GDP the deadline for this measure is set on 2013.[17] According to the EU Delegation in Albania, 65 % of the works in relation the construction of the center in Berat have been completed. There have not been any delays in tendering procedures and problems due to existing infrastructure have been solved. However the implementation time has been extended due to increase in the contract price for adding installations of energy-efficient systems. The expected date of completion for the center in Berat is April 2013. The donor also reports that work is under way for the works that are under the co-financing part of the Albanian government such as utility installations and furnishing.[18]

Measure 1.5: Construction of the new Pre-trial Detention Centre in Fier

Responsible institution: Ministry of Justice and General Directorate of Prisons
Deadline for implementation: July 2012
Status:Partially implemented

Justification:Work is reported to be under progress for the center. It is unlikely that the center will be done until the end of the year as predicted in the deadline set by the Action Plan since in the website of the GDP however the deadline for this measure is 2013/2014.[19]

According to the EU Delegation in Albania, 60 % of the works in relation the construction of the center in Fier have been completed. There have not been any delays in tendering procedures and problems due to existing infrastructure have been solved. However, the implementation time has been extended due to, increase in the contract price for adding installations of energy-efficient systems. The expected date of completion for the center in Fier is August 2013. The donor also reports that work is under way for the works that are under the co-financing part of the Albanian government such as utility installations and furnishing. [20]

Measure 1.9: Projects for the improvement of the general conditions in some penitentiary institutions

Responsible institution: MJ, GDP, Probation service, DBE, Commissioner for Protection of Personal Data
Deadline for implementation: 2012
Status:Partially implemented- deadline continues till the end of 2012

Justification:This measure includes the drafting of projects and cost-estimations for the engineering networks of the new pre-detention centers in Berat, Fier and Elbasan as well as the financial estimation for 40 % of the cost of the new facilities 313 and 325. According to the AP itself, the funds have been already requsted to the DBA for the period 2012-2014. [21]The engineering network works in Elbasan have been completed and those in Fier are still under progress. The engineering network for the Berat center is being done while the entrance road and the intervention in the stream of Parangoi (for the Berat center) have been postponed due to lack of funds. [22]

Measure 1.13: Approval of the CMD" for including the persons sentenced to imprisonment and pre-trial detainees into the category of economically non-active persons"

Responsible institution: MJ, MH, GDP
Deadline of Implementation: April 2012
Status: Implemented late

Justification: Based on the decision of Council of Ministers no.337, date 06/04/2011, the Ministry of Justice and Ministry of Health have signed on 24th May 2012, the joint instruction “On the cover of prisoners and detainees by the obligatory health insurance scheme”.[23]

Measure 1.15: Finalization of the agreement between the Ministries of Justice and Health for the purpose of improving health care in the penitentiary system

Responsible institution: MJ, MH
Deadline for implementation: April 2012
Status:Not implemented

Justification:For the implementation of this measure, it was reported the finalization of the Memorandum of Cooperation signed between both ministriesfor the purpose of the measure 1.17[24]. The aim of this memorandum is the cooperation between both ministries in order to set up a special institution that will serve for the accommodations of mentally ill persons under the measure of “compulsory medical treatment in a medical institution”. Meanwhile the measure 1.15 has foreseen to directly influence to the improvement of the health care for all the sick persons deprived of their liberty in penitentiary institution, so the measures are not the same and the Memorandum of Cooperation singed between MJ and MoH does not address the issues of health care in penitentiary system.

MJ as key institution for implementation of this measure has not responded to OSFA request[25] for information in this regard.

Measure 1.17: Signature of the agreement between the Ministry of Justice and Ministry of Health and decision taken regarding the placement of mentally ill persons under compulsory medical treatment.

Responsible institution: MJ, MoH
Deadline of Implementation: September 2012
Status: Implemented in time

Justification:Mentally ill persons under compulsory medical treatment continue to be kept in the penitentiary institutions such as Institution of Zahari and Hospital Center of Prisons.[26] On 20 March 2012, a memorandum of cooperation “On setting up the medical Institution for the treatment of persons with mental health who have committed criminal offences”was signed between the MoH and MJ[27]. Following this memorandum, a mutual Order was issued by both ministries "For the foundation of the working group for the evaluation of the adaptation of IEVP Krujë, Special Institute (Hospital) for treatment of mentally ill persons under compulsory treatment in a medical institution". The Joint Working Group composed by representatives of both ministries assessed the situation and completed inspections in April 16-03 May 2012 as follows:

The Special Hospital in Kruja (for detainees with mental disorders);
Former Infectious Diseases Hospital and the surrounding sites, at the Military Hospital (situated north west Tirana);
The empty space adjacent to the Prison Hospital (The prison Hospital is situated within the perimeter of Mother Therese University Hospital;

The three proposals have been presented to the Government for final decision. The Strategic Planning Committee has approved the variant”C“, due to vicinity of all necessary resources (within the main hospital of the country).[28]

Measure 1.19: Improvement of preservation of medical data of prisoners

Responsible institution: MoJ, GDP
Deadline for implementation: 2012
Status:Implemented in time

Justification:The General Director of Prisons has ordered all Institutions of Execution of Criminal Decision (IECD) to carry out the task of installing keys in the file cabinets or shelves where medical cards of detainees and pre-detainees are held, assigning administrative responsibility and legal obligation to them.[29] On 31/07/2012 this task has been reported completed by all institutions.[30]Given the time of completion of this measure, the verification of its implementation has not been the particular focus of CSOs engaged in the monitoring of prisons and pre-detention centers. [31] However most of the inspections reports from EIT indicate that the files have been administered only from the responsible staff (prison doctors and nurses) and were accessed by the EIT inspectors only after taking permission from the medical staff in charge and the inmates themselves.[32]

Measure 1.21: Drafting a joint order of MoJ, MoH, MPWT "On setting out standardised criteria for the qualitative construction and reconstruction of prisons and remand centres", in accordance with the recommendation of the Ombudsman

Responsible institution: MoJ, MoH, MPWT, GDP
Deadline for implementation: First half of 2012
Status:Partially Implemented

Justification:Following the joint order of the Minister of Justice, the Minister of Public Works and Transport and the Minister of Health a Working Group was created to draft the order.[33]In April of 2012, the Ombudsman office also reported that the working group had been established.[34]It is reported that the draft which foresees the infrastructural model that a pre-trial detention/ detention center should have, the rules and standards that should be respected during their projecting and construction was sent to other institutions for comments on 31.08.2012 and is expected to be adopted by 30th September 2012.[35]

Goal 2: Enhancing the efficiency of supervision of alternative punishments by Probation Service

Measure 2.1: Drafting the Draft-Decision of the Council of Ministers "On criteria, rights and obligations to be met by the authority accomplishing the ME, as well as the rules for its selection"

Responsible institution: Ministry of Justice
Deadline for Implementation: first half of 2012
Status:Implemented in time

Justification:The CoMhas approved in June 2012 the decision “On criteria that should be met by the authority accomplishing the ME, rules for its selection and its rights and obligation”[36]. Also, the CMD calls for an international tender to procure a provider for the service and sets conditions and obligations that the provider has to fulfill to be eligible for entering the tender.

Measure 2.2: Drafting the Order of the Minister of Justice "On methodology and rules for carrying out the controls at the Probation Service on way of accomplishing the ME, periodicity and contents of information transmitted to the Ministry of Justice, as well as the rules for making available the updated information to the first instance and appeal instance courts"

Responsible institution:Ministry of Justice
Deadline of Implementation: first half of 2012
Status: Not implemented

Justification:MJ as key institution for the implementation of this measure has not responded to the OSFA request for information[37]. No information is published for this measure in the websites of the responsible institutions or in the four periodical reports that MoIE has issued during April – September 2012[38], for the implementation of the revised Action Plan.

Measure 2.3: Drafting the Instruction of the Minister of Justice "On determining the detailed rules for the criteria of granting authorisations from the Probation Service".

Responsible institution: Ministry of Justice
Deadline of Implementation: first half of 2012

Status: Not implemented

Justification:Ibid the explanation under themeasure 2.2

Measure 2.4: Application of alternative punishments through the Electronic Surveillance as a pilot project in Tirana

Responsible institution: MJ, Probation Service, GDP
Deadline for implementation: Second half of 2012
Status:Not implemented -deadline continues till the end of 2012

Justification:The application cannot start until the tendering procedures are complete for the subject that will conduct the electronic monitoring.[39] CoM approved in June 2012 the Decision for appointing the institution responsible to carry out the electronic surveillance in the context of the pilot project as well as clarified the specific obligations of the MJ in order to assist the Probation Service with the infrastructure and training necessary for this project.[40]

The decision has a clear set of specific requirements for the electronic equipment that will be used, the premises in which the surveillance will be carried and the relevant technology updates that have to be followed. The next step is the start of the tender procedures.[41]

Measure 2.5: Opening 4 new offices of Probation Service

Responsible institution: Probation service, MJ, CM
Deadline for implementation: July-December 2012
Status:Implemented in time

Justification:Four new local offices were opened, respectively, in Kukes, Burrel, Berat and Vlora. The proposal for amending the Order of the Premier no 2, dated 11.01.2012 has been done, providing premises for new offices, infrastructure, recruitment and training of personnel. [42]Twenty staff members of the newly opened offices were trained in May 2012 by OSCE presence in Albania in cooperation with the EU Twinning Project for the Probation Service. [43] The territorial jurisdiction of all the offices, including the 4 new ones, has been determined by the Minister of Justice in June.[44]

Measure 2.6: Analyzing and identifying the concrete measures to be taken on basis of the technical document on the need for increasing the number of specialist of the Probation Service proposed by the Twinning project with the purpose of strengthening the capacity of the Probation Service to manage an increasing workload (budget and human resources)

Responsible institution: MoJ, Probation Service, Twinning Project
Deadline for implementation: June 2012
Status:Implemented in time

Justification:The latest number reported for probation officers is a total of 68.[45] The Resident Advisor of the Twinning Project for the Albanian Probation Service (with the UK one) (RA), Alan Mc Donald has identified the need for more staff for the probation: “Currently each probation officer supervises a very high caseload and there is a clear need for more probation staff to enhance the quality and effectiveness of work with offenders and to allow more prisoners to be supervised in the community.”[46] The project RA has submitted in 2012 a Technical document to the Minister of Justice, with recommendations, including that of placing the Probation Service in the same category as the Prison System so that it can receive a higher budget allocation.[47]

Other clear necessities identified are: infrastructure, transport and strengthening cooperation with international partners.[48] Hence it can be argued that the concrete measures are identified. The government has informed that number of probation officers is set to increase, reaching a total of 100, out of which 30 experts are expected to begin in November 2012, and 30 others during 2013.[49]