CAT/C/CR/34/ALB
page 3
6.
Furthermore, the Committee would like to commend:
(a)
The suspension since 1992 of the death penalty;
(b)
The separation of juveniles from adults in all detention facilities;
(c)
The publication of the reports of the four first visits of the European Committee
for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment to Albania
(CPT/Inf (2003)11) and of the Government’s response thereto (CPT/Inf (2003)12) as well as the
assurance of the Government that it will soon authorize the publication of the report of the 2003
visit;
(d)
Albania.
The involvement of national NGOs in the preparation of the initial report of
C. Subjects of concern
7.
The Committee expresses concern:
(a)
That the definition of torture in the Criminal Code does not cover all the elements
contained in article 1 of the Convention, especially regarding persons acting in an official
capacity;
(b)
That the qualification of acts of torture by law enforcement personnel merely as
“arbitrary acts” results in those acts being treated as less serious criminal offences;
(c)
That climate of de facto impunity prevails for law enforcement personnel who
commit acts of torture or ill-treatment, in view of:
(i)
The numerous allegations of torture and ill-treatment by law enforcement
personnel, especially at the moment of arrest and during interrogation;
(ii)
The limited number of complaints regarding torture and ill-treatment, in
particular to the Peoples’ Advocate;
(iii)
The lack of prompt and impartial investigation of allegations of torture
and ill-treatment committed by law enforcement personnel; and
(iv)
The absence of convictions in cases of torture under article 86 of the
Criminal Code, and the limited number of convictions of torture with
serious consequences under article 87 of the Criminal Code, all of which
may indicate that there is a lack of awareness on the part of victims of
their rights and that there is a lack of confidence in the police and judicial
authorities;
(d)
About the difficulties encountered by victims of torture and ill-treatment in filing
a formal complaint with public authorities, obtaining medical evidence in support of their
allegations and presenting that evidence;