Post‐socialist transformation, penal reform and justice sector transition in Albania

Abstract

The place of prisons is largely ignored in the literature on political transitions. Yet, given the historic role that prisons served in the former Communist bloc, as instruments of repression, the management of the penal system is an important indicator of democratic change. This article considers the development of the penal system in Albania from 1990 to the present day. It examines the state of pre‐trial detention facilities, prisons and prison hospitals, and evaluates efforts by the Albanian government to reform the penal system. The empirical basis of this article is informed by 20 interviews conducted in autumn 2006 with Albanian government officials, members of the prison administration, human rights monitors, international organizations, NGOs, penal experts, and donor governments. It also evaluates attempts by the European Union and Council of Europe to promote penal reform in Albania. The main finding is that in spite of its considerable investment in Albania, the European Union and associated partners have not managed to curb occurrences of torture and have had a limited impact over substantive penal reform. This article examines four explanations for the EU’s relative failure in this policy area. The principal reasons for Albania’s non‐convergence with European norms lie with the weakness of Albanian state structures and the persistence of systemic illiberal practices.

Keywords:

• Albania
• penal reform
• torture
• human rights
• transition

Acknowledgements

The author is especially grateful to Olsi Dekovi at the Council of Europe. He would also like to thank Philip Leach, Bill Bowring, Ian Waller and Karen Bennett at the Institute for Human Rights and Social Justice (IHRSJ) at London Metropolitan University. The author is particularly grateful to Dan Ozarow for his research assistance and to the participants and experts who provided valuable information in the field.

Notes

1. For a first‐hand account see Gardin 1988.

2. In 1947, 4749 people were incarcerated as a result of their political convictions (OMCT 2005).

3. See ‘The European Union assists Georgia with bringing the penitentiary system to European standards’, 15 February 2005, http://www.delgeo.ec.europa.eu/en/press/15feb_2005.htm.

4. See: ‘LEGISLATIVE ACTS AND OTHER INSTRUMENTS – Subject : Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part (OR. En)’, Document 8164/06 – COWEB 76, Brussels, 22 May 2006, http://ec.europa.eu/enlargement/pdf/albania/st08164.06_en.pdf.

5. See: 2006/54/EC: Council Decision of 30 January 2006 on the principles, priorities and conditions contained in the European Partnership with Albania and repealing Decision 2004/519/E.

6. ‘Further effort should be made to ensure that law enforcement officers are aware of their human rights obligations, and that there is considerably better enforcement of these obligations, with transgressions being systematically punished.’ See European Commission 2005, 67.

7. For example, in Rrogozhina and Burrel prisons, new sections were built and in‐cell toilets installed.

8. An additional grant for renovation and training of prison officers was made, worth [euro]1.73 million.

9. EURALIUS began as a two‐year project under the responsibility of the Ministry of Justice of Austria, which is implementing the project in a consortium together with the Ministries of Justice of Germany and Italy.

10. EURALIUS covers: Justice Organisation; Judicial Budgetary Planning and Management; Law Drafting and Legal Approximation; Penitentiary Issues; Enforcement of Rulings; Case Management and Court Administration.

11. Further assistance from UN agencies, including the UNDP in Shkodra and WHO and Elbassan, have gone to support the renovation of prison hospitals and psychiatric prisons, respectively.

12. See COWEB 76, Brussels, 22 May 2006.

13. This research was conducted as part of a three country study for the Council of Europe’s Committee for the Prevention of Torture (CPT).

14. European Court of Human Rights 2007. Grand Chamber Case of D.H. and Others v. the Czech Republic (Application No. 57325/00) Judgment. Strasbourg, 13 November 2007.

15. European Court of Human Rights 2007. Grand Chamber Case of D.H. and Others v. the Czech Republic (Application No. 57325/00) Judgment. Strasbourg, 13 November 2007.

16. See: Prisoners Overseas 2004, http://prisonersoverseas.com/?page_id=244.

17. Formally, penal policy is addressed through a number of instruments including the Constitution, Law on Enforcement of Sentences, Law on Penitentiary Police, General Internal Prison Regulations, and Internal Regulations on the organisation and functioning of pre‐trial detention. Basic human rights are guaranteed in the Constitution chapters 1–6 and the 1995 Criminal Code. Torture is specifically prohibited under Article 25 of the Constitution, as well as Chapter Two of the Criminal Code Articles 86 and 87, but is not defined in the Albanian legislation. The Constitution also sets out certain exceptions when torture may be permitted, namely during a state of war, emergency, or natural disaster. Albania has also signed and ratified a number of human rights conventions and protocols.

18. These include: International Convention on the Elimination of All Forms of Racial Discrimination (ratified 11 May 1994, entered into force 10 June 1994); International Covenant on Civil and Political Rights (ratified 4 October 1994, entered into force 4 January 1992); International Covenant on Economic, Social and Cultural Rights (ratified 4 October 1991, entered into force 4 January 1992); Convention on the Elimination of All Forms of Discrimination against Women (ratified 11 May1994, entered into force 10 June 1994); Optional Protocol to the Convention on the Elimination of Discrimination against Women (ratified 23 June 2003, entered into force 23 September 2003); Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (ratified 11 May 1994, entered into force 10 June 1994); Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (ratified 1 October 2003, not yet entered into force); Convention on the Rights of the Child (ratified 27 February 1992, entered into force 28 March 1992).

19. Article 43 of the Law on the Rights and Treatment of Prisoners allows the People’s Advocate or commissioners authorized by the Advocate to visit pre‐trial detention and prison facilities at any time.

20. For example, NGOs are now free to inspect pre‐trial detention facilities. The head of police also issued a one‐year access permit to human rights NGOs such as the Albanian Human Rights Group and the Albanian Helsinki Committee to permit them to conduct investigations.

21. For example, according to the Master staff, members of pre‐trial detention centres should be offered the opportunity to commission detainees to perform certain jobs.

22. Other reforms currently in progress include a new code on ethics for prison staff; new internal regulations for prisons of high and low security, for juveniles and for the treatment of prisoners with health problems; a new Council of Ministers Decision to provide remunerated employment to prisoners; the introduction of legislation on alternative sentencing; amendments to legislation in prison field in light of revised European Prison Rules. There is also a draft law on alternative sentencing, which has been well received by members of the human rights community; but this law has yet to pass through parliament.

23. In particular, significant investments have been recorded in the following pre‐trial detention centres: Tirana 313 – where investment has been secured to build a secure detention facility for serious criminals; Durres – where a pre‐trial detention facility was started with an investment of [euro]1.5 million by the Albanian government; Vlora – where the government initiated a small investment to improve conditions, damp proof, in addition to the [euro]1.5 million received from CARDS; Elbassan – where [euro]1.7 million were spent on refurbishing an old block for the prison administration and the construction of a new, separate, pre‐trial block to accommodate 160–180 inmates; Fier and Berat – where the government secured deeds to land for building.

24. Visits were conducted on the following dates: 16–20 June 2008; 28–31 March 2006; 23 May 2005 to 3 June 2005; 13–18 July 2003; 22–26 October 2001; 4–14 December 2000; 13–17 December 1998; 9–19 December 1997.

25. The figures given include both pre‐trial detainees and remand prisoners, who make up a significant proportion of the total population (38%). The numbers of women prisoners and juveniles are low at 3.3% and 0%, respectively, and this fact is recorded in the relatively few penal institutions dedicated to these particular groups (International Centre for Prison Studies 2007).

26. Interview with Mr Saimir Shehri, General Director of Prisons, Tirana, 13 September 2006.

27. Further to a needs assessment conducted by the Ministry of the Interior, reforms totalling approximately 250,000 were noted, including the need to enlarge windows, repair floors, sanitation and sewage systems, and improve ventilation (in addition to air conditioning and heating), as well as providing more beds and medicine in general.

28. Interview with Ms Iva Zajmi, Deputy Minister of Interior and National Coordinator for Anti‐Trafficking, Tirana, 13 September 2006.

29. ‘There are several cases of minors receiving particularly harsh sentences, for example one child who stole a moped waited 7.5 months in a pre‐detention site; a 23‐year‐old student accused of computer theft committed suicide in [Prison] 313, where he had no psychological support’ (Interview with Leon Shestani, UNICEF, Tirana, 15 September 2006).

30. Cases of mistreatment recorded by the Albanian Human Rights Group include: Kutim Duri (2000); Naim Pulaku (2001); Bledar Mane (2002); Veladin Cela (2004) Roland Dhembi (2004); Bajram Charra (2004).

31. Interview with Vasilika Hysi, Albanian Helsinki Committee, Tirana, 14 September 2006.

32. Interview with Dr. Ariel Como, Albanian Rehabilitation Centre for Victims of Torture, Tirana, 14 September 2006.

33. ‘The cost of stamps for 100 cases and 300 complaints per years requires 50,000’ (Interview with Vasilika Hysi, Albanian Helsinki Committee, Tirana, 14 September 2006).

34. Interview with Mr. Aldo Bumci, Minister of Justice, Tirana, 13 September 2006.

35. Transparency International 1998. Annual Report Transparency International.