CAT/C/ALB/CO/2
(c)
Second Optional Protocol to the International Covenant on Civil and Political
Rights, aiming at the abolition of the death penalty, on 17 October 2007;
(d)
International Convention for the Protection of All Persons from Enforced
Disappearance, on 8 November 2007;
(e)
Optional Protocol to the Convention on the Rights of the Child on the sale of
children, child prostitution and child pornography, on 5 February 2008;
(f)
Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict, on 9 December 2008;
(g)
Council of Europe Convention on Action against Trafficking in Human
Beings, on 6 February 2007;
(h)
Protocol No. 13 to the European Convention for the Protection of Human
Rights and Fundamental Freedoms, concerning the abolition of the death penalty in all
circumstances, on 6 February 2007.
5.
The Committee welcomes the enactment of the following legislation:
(a)
Law No. 9686 of 26 February 2007, amending the definition of torture in
article 86 of the Criminal Code, that criminalizes acts falling under article 1 of the
Convention, including when committed by persons acting in an official capacity, and
adding aggravating circumstances in article 50 of the Criminal Code for the punishment of
offences when motivated by factors such as gender, race or religion; and
(b)
Law no. 9669 of 18 December 2006 ‘On measures against violence in family
relations’ and law no. 10494 of 22 December 2011 ‘On electronic monitoring of persons
deprived of liberty according to law court decisions’, aiming to prevent incidents of
violence in the family.
6.
The Committee also welcomes:
(a)
Assignment, by the Parliament of Albania in 2008, of the People’s Advocate
as the National Preventive Mechanism against Torture under the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment;
(b)
The approval of a ‘Manual on the Treatment of Persons in Police Custody’,
approved by the Director General of the State Police in December 2009;
(c)
The adoption of the national Strategy on Gender Equality and Reduction of
Violence on Gender Base and Violence in the Family, 2011 – 2015, through the Council of
Ministers’ Decision no. 573 of 16 June 2011.
7.
The Committee notes the existence of an active civil society that significantly
contributes to the monitoring of torture and ill-treatment, thereby facilitating the effective
implementation of the Convention in the State party.
C.
Principal subjects of concern and recommendations
Definition and criminalization of torture
8.
The Committee welcomes that the State party’s Criminal Code (art. 86) is in line
with article 1 of the Convention. However, the Committee expresses serious concern at the
fact that no information has been reported on the application of article 86 of the Criminal
Code and the pattern of reclassifying reported incidents of torture as arbitrary acts under
article 250 of the Criminal Code (arts. 1 and 4).
In accordance with the Committee’s general comment No. 2 (2007) on implementation
of article 2 by States parties, the State party should ensure that evidence of acts
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