Enhancement of the operational and logistical capacities of the

Directorate of Witness and Special Persons Protection

IPA 2009

TWINNING PROJECT FICHE

1.Basic Information

1.1 Programme:IPA 2009 (CRIS No. 2009/021-642)

1.2 Twinning Number:AL 09 IB JH 02

1.3 Title:Enhancement of the operational and logistical capacities of the Directorate of Witness and Special Persons Protection.

1.4 Sector:01.24 Justice Reform/ Penitentiary Reform / Fundamental

Rights

1.5 Beneficiary country:Albania

2. Objectives

2.1Overall Objective:

To assist the Albanian government in the fight against Organised Crime and Terrorism by strengthening the capacities and improving the legal framework, operational procedures and internal organisation for the protection of Justice Witnesses[1] and Justice Collaborators[2]within the bodies charged with proposing, assessing, approving and implementing the protection programme.

2.2 Project purpose:

To buildlong-termcapacity at strategic and operational levels within the Albanian State Police Directorate for Witness Protection, the Office of the General Prosecutor, the Court and the Prison Serviceregarding the implementation of the new Law on Witness Protection.

2.3 Contribution to the National Development Plan/Cooperation Agreement /Association Agreement/Enlargement Report.

2.3.1 National Development Plan

‘Strengthen the protection of witnessesand people who collaborate with justice before, during, and following the judicial process through: rigorous application of the law on the protection of witnesses and people who collaborate with justice; improvement of the cooperation between the relevant institutions, whether state, independent or international organisations; and increase in citizen trust towards the forces of law implementation and the judiciary’[3].

2.3.2 Cooperation Agreement

‘Implement the 2007-2013 anti-corruption strategy and the recommendations made in the 2005 evaluation report by the Council of Europe Group of States Against Corruption and investigate and prosecute cases of corruption in the police and the judiciary with due vigor’[4].

The new law, by the inclusion of corruption within the range of offences for which Witness Protection may be offered has increased the tools at the disposal of prosecutors.

2.3.3 Stabilisation and Association Agreement

The introduction of a fully functional Witness Protection Programme which meets best international standards meets Albania’s commitments under the Agreement.[5]

2.3.4 Albania EU Enlargement 2009 Report

‘Some progress can be reported regarding measures to guarantee witness protection. Work isongoing on a draft law on the protection of justice witnesses and collaborators. However, thelack of adequate witness protection remains problematic and hinders investigations’[6].

The lack of such protection is also highlighted in respect of the trafficking of women and children for sexual exploitation and begging.

2.3.5 Link with national/sectoral investment plans

The enhancement of Witness Protection represents a key priority in the Development Strategy of the Albanian State Police.[7] The efficiency of the fight against Organised Crime cannot be considered as complete if the victims and witnesses of crime cannot feel safe to collaborate with state institutions such as the Albanian State Police. Advancing Witness Protection is therefore paramount in advancing the Rule of Law in Albania. This priority is demonstrated in the investment strategy of both the Government and the State Police regarding the build of new premises for the Witness Protection Directorate.

3. Description

3.1Background and justification:

The testimony of a witness represents one of the most import types of evidence in a criminal proceeding; therefore, the protection of witnesses’ physical integrity becomes an essential element for the functioning of the justice system. It is essential to make sure, at the highest possible level, that the witnesses appearing before court provide accurate and true testimonies, and that there exist measures serving to prevent infringement, intimidation, threatening or any other sort of influence on them. The same holds true, even though at a lower level, for the collaborators of justice. Thus, witness protection programs serve to stimulate and increase the number of criminal proceedings for serious or organized crime, by rendering possible a high level of protection for the witnesses and collaborators who are in a serious danger owing to their participation in a criminal investigation/trial.

Law no. 9205, dated March 15th, 2004 “On the protection of witnesses and collaborators of justice” was the first step forward in this field and led to the formation of initially a Sector and now a Directorate, for the Protection of Witnesses and Collaborators of Justice within the State Police, and the Commission for the Assessment of Special Measures for the Protection of Witnesses and Collaborators of Justice within the Ministry of Interior. However, as this was previously an unknown area, the practical functioning of witness protection programs led to the need for improvement in order for it to meet the practical needs of the program. Based upon experience gained during implementation,and with the advice and assistance of international homologues units the Directorate for the Protection of Witnesses and Collaborators of Justice proposed a number of amendments and modifications to the 2004 law. Following a wide discussion between General Prosecutor’s Office, the MoI Judicial Office, EURALIUS, OPDAT, PAMECA and OSCE etc, it was concluded that for the efficient working of the processes and to meet Albania’s obligations as a signatory to the UN Convention on corruption it was more expedient to develop a new law.

The most problematic issues identified in the 2004 law were:

  • Application was limited to those cases in the competence of the Serious Crimes Courts, thereby excluding criminal offences such as corruption, laundering of criminal offence proceeds, etc;
  • There was a lack of clear separation between the roles of the Directorate and the Commission;
  • Disseminations of information on protected persons was too wide which raised security issues;
  • There was a lack of any requirement to conduct a psychological assessment for the protected persons, as well as lack of requirement for the protected persons to declare any previous law violations or assets owned;
  • The terminology was complicated and different from that used in other countries, etc.

Despite the shortcomings of the 2004 Law over 60 persons have been entered into the programme since its adoption. Due to the Albanian culture this figure contains a higher number of family membersthan the Western Europe norm. There have however been notable successes in trials for murder, drug trafficking and people trafficking. The last being of particularimportance, given the difficultly of bringing prosecutions against traffickers..

The new Law No. 10 173, dated October 22, 2009 came into effect on December 1, 2009. It fulfills Article 24 of the Palermo Convention, of which Albania is a signatory. This provides that member states shall take appropriate measures to provide efficient protection against revenges or threats to witnesses in criminal proceedings. In order for the protection to be efficient it should be provided at the earliest time; information on protection details, including details of money transfers, should be kept secret and there should be sufficient resources (personnel, funds, etc) to implement the protection programs.

The requirement for a new law was also elucidated in the European Partnership Document, dated February 18, 2008 which required Albania to,

  • Ensure that the appropriate legislation and resources are in place for adequate witness protection.
  • Urgently put in place practical measures to guarantee witness protection
  • Enforce legislation on witness protection.

By taking into account this international obligation, the new law aims at:

  • Creating a more flexible legal regulation thereby allowing flexibility in solutions to meet needs;
  • Providing the Directorate for the Protection of Witnesses and Collaborator of Justice with independence in the decision making process;
  • Providing the Directorate with the right to sign international agreements on specific protection programs;
  • Unifying terminology to that used internationally.

The new law also:

  • Expanded the number/type of crimes for which witness protection is allowed;
  • Changedthe Commission’s competences. The Commission now has the right to decide if the persons will be accepted or not in the protection program, and if the protection program will be revoked or terminated. Whereas special and temporary measures will be decided by the Directorate;
  • Change of Commission membership. The Director of the Directorate is now foreseen to be a member of the Commission and alternates will replace Commission members only in cases when there exists a legal conflict which prohibits the respective members to be involved in the assessment of the case;
  • The Directorate now has the authority to sign international agreements for the relocation of the protected persons outside the territory of the Republic of Albania. In these cases, the Director of the Directorate is the authority signing the agreement.

Despite the issuance of anew law implementation faces a number of shortcomings which have been identified by the Albanian counterparts and international donors:

a)Internal rules, procedures and regulations need to be amended and developed in the form ofsecondary legislation following best international practice.

b)There is insufficient expertise and experience to develop internal mechanisms and a training curriculum to ensure uniformity of implementation across the Criminal Justice System.

c)There is a lack of strategic level coordination of the implementation process across the component parts of the Criminal Justice System.

d)A lack of specialist technical equipment required to provide the basis for a successful implementation.

In each these areas there is an absence of institutional capacity to materialise and then consolidate the implementation process in line with best international standards.Without targeted assistance to support this process at strategic and operational levelthe agenda as set out in the new law will fail to meet its desired outcomes. Thus, the current project is responding to a need for the provision of support to the country's Criminal Justice Sector regarding the implementation of new law on witness protection.

3.2Linked activities

EU Projects in Albania

  • Training on Witness Protection through the PAMECAMission;
  • Assistance from the EURALIUS Mission in the development of the new law.

Bilateral assistance projects in Albania

  • Training held by Homologue Unit of German Police regarding implementation of procedural and non - procedural measures in the function of witness protection;
  • Training held by Homologue Unit of Austrian Police on "Witness Protection, Police Cooperation on war against human trafficking and illegal immigration";
  • Council of Europe assistance with homologue Units in 2004, 2005, 2006;
  • Workshops organised by EUROPOL with the Czech homologue Unit;
  • Participation in witness protection symposiums in USA 2006 and France 2007;
  • Firearms training to provided to RESI by the US ICITAP Programme.
  • Training provided by the US Marshall’s service in administrative processes and close protection.

Regional project in the Western Balkans

  • IPA Multi-beneficiary Programme 2009 - Cooperation in Criminal Justice: Witness Protection in the Fight against Serious Crime and Terrorism (WINPRO)

3.3Results:

(a) All stakeholders

- Improved legal and operational framework, as well as improved professionalism and operational capacity of all stakeholders in Witness Protection

- Legislation and Best Practices implemented homogenously and effectively by all institutions dealing with Witness Protection

(b) Directorate of Witness Protection

  1. A financially supported long-term plan for the development of Witness Protection, including material, financial and human resources.
  2. Professional qualifications of beneficiary staff enhanced by training and mentoring including the ability to produce, as part of the risk assessment, a long term itemised financial statement for consideration by the Commission prior to approval of a protection programme.
  3. Signed agreements with homologous units regarding assistance with relocations.
  4. A dedicated private computer network built within the new offices of the Directorate running alongside, but entirely separate from the State Police network (Note: funds for the procurement of this private network will be funded through a separate budget).
  5. A video conferencing link established from the new Directorate offices to the Serious Crimes Court (Note: any funds necessary for establishing and maintaining the link will be provided for by the Albanian partner).
  6. Specifications forpersonal protective equipment for witnesses and protection officers drafted (Note: funds for the procurement of this private network will be funded through a separate budget).

(c) General Prosecutors Office (inc. Serious Crime Prosecutors)(GPO)

  1. The professional qualifications of Prosecutors enhanced to include contract negotiation with potential protected witnesses and video cross examination techniques.
  2. District Prosecutors made aware of the provisions of the new Witness Protection Law and best European practiceregarding Witness Protection.
  3. Provisions of the new Witness Protection Law and European Best Practices implemented by GPO personnel.

(d) Judges of the Serious Crimes Court

1. Judges trained (in both the technical and procedural aspects) to conduct video conferencing trials in line with best European practice.

2. Video Conferencing is effectively and consistently applied in Court as per legal provisions.

(e) Ministry of Justice (MoJ) and Directorate General of Prisons

  1. A Code of Practice for the custody of ‘Justice Collaborators’ which include the identification and implementation of security practices for custody in both pre- trial and penitentiary facilities.
  2. A video conferencing link established from a ‘Justice Collaborators’ secure prison wing to the Serious Crimes Court.

(f) Ministry of Interior (MoI)

  1. A Manual of Guidance for the assessment of applications for inclusion of persons into the Witness Protection Programme including a full financial profile.
  2. Standard Operating Procedures for the staff of the Witness Protection Directorate that protects the anonymity and relocation loci of witnesses.

(g) Ministry of Finance (MoF)

  1. A protocol for audit which protects the anonymity and locus of any relocated witness.

.

3.4Activities:

(a) All stakeholders

1. Expert assistance to the national stakeholders in the formulation of a long-term strategic planfor Witness Protection, underpinned by financial resources.

2.Carry out a full needs gap analysis of the training provided for judges, prosecutors, police and prison personnel in the areas of Witness Protection. Develop a remedial program for training by short term experts to cover the immediate deficiencies and curriculum development in the respective training establishments for the longer term.

3. Arrange targeted training courses, seminars and study tours to meet identified training requirements and set up bilateral contacts between beneficiaries and appropriate European training establishments.

(b) Directorate of Witness Protection

1.Support the drafting of a standard submission document which includes the risk assessment, physiological assessment and cost analysis for presentation to the Commission.

2. Support to develop agreements with homologues units to assist in relocation of persons entering into the programme.

3. Develop technical specifications for the supply of:

  • Covert protective equipment for use by witnesses and close protection officers.
  • Closed net communications equipment for secure communications during the movement of protected persons.
  • IT equipment and secure private data network within the proposed new build Directorate of Witness Protection offices.
  • Static video conferencing equipment together with the data links to connect the ‘safe house’ within the new build offices to the Serious Crimes Court.[8]
  • Mobile video conferencing equipment with access to data links to link to the Serious Crimes Court for use in any ‘safe house’ location.[9]

4. Provide training, advice and mentoring to the Management staff of the Unit on internal management and organizational issues, with a view to increase professionalism in management and planning practices.

(c) General Prosecutors Office

Support to drafting of a standard contracts for use between the Prosecutor and Justice Witnesses/Justice Collaborators/Related person.

(d) Ministry of Justice and Directorate General of Prisons

1. Support the preparation of a Code of Practice regarding the detention of Justice Collaborators.

2. Support the development of technical specifications for the supply of static video conferencing equipment and a data link to connect the dedicated Justice Collaborators facility to the Serious Crimes Court.

(e) Ministry of Interior

Support the development of a Manual of Guidance to assist the Commission in determining the appropriateness of the inclusion of an individual in the Witness Protection Programme.

(f) Ministry of Finance

Support the drafting of an audit protocol to allow the Directorate of Witness Protection to be audited without compromising the identity and locus of protected witness.

3.5Means/ Input from the MS Partner Administration:

3.5.1Profile and tasks of the Project Leader

Profile of experts required:

Good knowledge of EU and Internationalworking practices in the field of Witness Protection legislation and practice.

Management and coordination skills

Minimum of 10 years experience dealing with Witness Protection at both the practical level and supervisory level.

Main Tasks:

The project leader will be responsible to manage the staff and other resources to achieve the agreed project objectives in an efficient and effective manner. S/he will keep close contacts with the beneficiaries, contracting authority (EC Delegation in Tirana) other international organisations with coterminous programmes and representatives of Member States. S/he will establish, together with the beneficiaries, a monitoring and evaluating system in order to assess the progress of the project.

3.5.2Profile and tasks of the Resident Twinning Advisor (RTA)

One ResidentTwinning Adviser,based in Tirana at the premises of the Directorate of Witness Protection, as well as medium/short term experts will implement the above-listed components. The RTA has the responsibility to guide the work of the team. The medium/short term experts will work in close cooperation with the RTA and the staff in order to meet the project purpose.

Duration of RTA secondment – fifteen (15) months.

The RTA’s specific functions will be: -

  1. To direct and monitor progress on the project and ensure periodic progress reports for the European Commission Delegation, the beneficiaries and/or for the Steering Committee are prepared.
  2. To manage project administration and finances.
  3. To develop and maintain close links and excellent working relations with representatives of the counterpart institutions, to ensure the maximum coordination and dissemination of information.
  4. To manage the project on a day-to-day basis, to coordinate project activities and to ensure that the project is carried out within the planned time schedule.
  5. Provide advisory support in policy formulation

A. Qualifications and skills: -