COMMITTEE AGAINST TORTURE HEARS RESPONSE OF ALBANIA
The Committee against Torture this afternoon heard the response of Albania to questions raised by Committee Experts on the initial report of that country on how it was implementing the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
In response to a question on free legal assistance, the delegation said such assistance was guaranteed by Albanian legislation. Free legal assistance was granted only in criminal cases. There was still ground to improve the quality of that assistance.
On the punishment of acts of torture, the delegation said that while the Government was aware of the difficulties of the implementation of the Convention against Torture, as well as Albanian legislation against torture, it had made efforts to ensure that the offences were punished under the Albanian criminal justice system.
With respect to extradition, the delegation said the Albanian Constitution and other legislation were in compliance with the international standards, such as the European Convention on Extradition, which was directly applicable. The extradition of an individual was prohibited if the legislation of the receiving State provided for inhuman punishments, such as torture and the death penalty.
On trafficking of human beings, the delegation said Albania had been used as a transit country to the West European countries. However, efforts had been made since 2002 to stop trafficking through land or sea. Mutual agreements with neighbouring States had also helped the Government's efforts in controlling trafficking. The Albanian police was cooperating with other police forces in other countries of the region.
Responding to the concerns of the Committee about the impartiality of the police officers investigating their own colleagues, the delegation said separate sections were organized to deal with such matters under the District Prosecutor Offices. The General Prosecutor had direct control over the activities of the offices.
The Committee will submit its conclusions and recommendations on the report of Albania towards the end of the session on 20 May.
As one of the 139 States parties to the Convention against Torture, Albania is obligated to provide the Committee with periodic reports on the measures it has undertaken to fight torture.
When the Committee reconvenes at 10 a.m. on Thursday, 12 May, it is scheduled to take up the initial report of Bahrain (CAT/C/47/Add.4).
Response of Albania
The advocacy system was re-established in 1990, after more than 23 years of its abolishment, the delegation said. By the end of October 2003, 11 Chambers of Advocates were functioning in the country, with an overall number of 1,826 registered advocates. The Chambers were independent, granted licences and could take disciplinary measures against lawyers. While the independence was fully guaranteed, there were concerns on the non-applicability of a proper code of ethics, as well as a lack of disciplinary procedures undertaken by the Chambers of Advocates.
With regards to violence within the family, the delegation said data and statistics on such violence were scarce. However, during 2002, the Ministry of Health, in cooperation with external organizations, had conducted a survey on reproductive health in the country. Following the guidelines from the World Health Organization, lifetime physical violence was reported by 8.2 per cent of women, with 4.5 per cent reporting physical violence during the past year.
On free legal assistance, the delegation said such assistance was guaranteed by the Albanian legislation. Free legal assistance was granted only in criminal cases. There was still ground to improve the quality of that assistance.
Concerning the Committee's concerns about the formulation of criminal offences against torture in the Criminal Code, the delegation said that articles 86 "Torture" and 87 "Torture with severe damages of health" were constricted as "blanket" provisions. The legislation aimed at punishing all kinds of ill-treatment amounting to torture, carried out by public officials as well as those inflicted by private individuals.
On the punishment of acts of torture, the delegation said that while the Government was aware of the difficulties of the implementation of the Convention against Torture, as well as Albanian legislation against torture, it had made efforts to punish all acts of torture under the Albanian criminal justice system.
With respect to extradition, the delegation said the Albanian Constitution and other legislation were in compliance with international standards, such as the European Convention on Extradition, which was directly applicable. The extradition of an individual was prohibited if the legislation of the receiving State provided for inhuman punishments, such as torture and the death penalty.
Since Albania was a party to the European Convention for the compensation of victims of violent crimes, the Government was trying to implement its provisions, the delegation said. However, the Government had encountered technical difficulties at the moment because of the Convention's norms, which were new conceptions to Albanian legislation.
The European Committee on the Prevention Torture had carried out five periodic visits to Albania since 1997 with the view of observing prison facilities, the delegation said. The Committee had made a series of recommendations to which the Government had reacted.
New internal detention regulations were approved in 2004, in implementation of the constitutional and legal obligations for the rights of detained persons, the delegation said. There were no barriers to meetings of the detained persons with their lawyers. However, the duration of the meetings had been problematic due to the overpopulation of prisons and the lack of facilities for the meetings. Prisoners underwent medical examination once they entered penitential facilities. Although medical doctors in prisons carried out periodic medical checkups, there was a serious problem of lack of medication.
On trafficking of human beings, the delegation said Albania had been used as a transit country to the West European countries. However, efforts had been made since 2002 to stop trafficking through land or sea. Mutual agreements with neighbouring States had also added to the Government's efforts in controlling trafficking. The Albanian police was cooperating with other police forces in other countries of the region.
Responding to the concerns of the Committee about the impartiality of the police officers investigating their own colleagues, the delegation said separate sections were organized to deal with such matters under the District Prosecutor Offices. The General Prosecutor had direct control over the activities of the offices.
Asked about the rehabilitation of victims of torture, the delegation responded by saying that the entire health care system was free of charge and the victims of torture could use the State system to be rehabilitated. The Albanian Centre for Trauma and Torture provided rehabilitation services for that category of persons.
Concerning the implementation of the objectives of the strategy "on the improvement of the living conditions of the Roma minority", the delegation said that the programme on the employment of unemployed women, adopted by the Council of Ministers in 2003, gave priority to the employment of women older than 35, Roma women and young mothers. In 2004, 100 persons belonging to the Roma minority were employed through that programme. Vocational training for unemployed Roma was free of charge; 50 Roma had benefited from such training in 2004. The participation of the minority groups in public life was ensured through the participation of their representatives in the legislative and executive bodies.
On a question on military courts, the delegation said there were five instances of such courts; civilians tried in those courts were treated correctly in accordance with the law. There was also a military appeal court.
The dismissal of police officers charged with torture was carried out once their offences were promptly investigated, the delegation said.
For use of the information media; not an official record
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