CAT/C/ALB/CO/2
considered as torture under article 86 of the Criminal Code is duly compiled and
evaluated, refraining from reclassification of reported incidents of torture as arbitrary
acts under article 250 of the Criminal Code. The State party should also clarify which
of the incidents of ill-treatment by law enforcement officers reported in response to
the list of issues and during the dialogue amount to torture and other cruel, inhuman
or degrading treatment or punishment, as well as what measures are taken to ensure
that prosecutors can apply article 86 of the Criminal Code.
Direct applicability
9.
While welcoming the direct applicability of the Convention, pursuant to article 112
of the Albanian Constitution, the Committee notes with concern that the State party
acknowledged during the dialogue that it has no specific information on cases in which the
Convention has been invoked and directly applied before the domestic courts (arts. 2 and
10).
The Committee recommends that the State party take steps to:
(a)
Ensure the effective implementation of the Convention and its direct
applicability and enforceability within the national legal framework, and disseminate
the Convention to all relevant public authorities, including the judiciary, thus
facilitating direct application of the Convention before domestic courts;
(b)
Provide an update on illustrative cases of direct application of the
Convention before domestic judicial bodies in its next periodic report.
People’s Advocate as National Preventive Mechanism
10.
The Committee is concerned at reports that the People’s Advocate, acting as
National Preventive Mechanism, monitors the situation in detention - through the Unit for
Prevention of Torture only once it receives allegations of abuse and with prior consent, thus
limiting the protective aspects of its preventive visits (art. 2).
The Committee recommends that the State party ensure a regular and timely access
by People’s Advocate to all places of detention without limiting its visits to on-site
inquiry into allegations of abuse, and without prior consent to the visit by the
respective authorities.
11.
The Committee is also concerned at the lack of professional staff, financial resources
and methodological resources provided to the People’s Advocate, and reports alleging
undue pressures regarding its functioning such as the absence of assignment of the People’s
Advocate for more than two years, due to which the places of detention have been visited
only irregularly, thus limiting the adequate fulfilment of the monitoring mandate by the
People’s Advocate and diminishing the role and significance of the institution (arts. 2 and
12).
The Committee recommends that the State party provide the People’s Advocate with
sufficient human, financial, technical and logistical resources to enable it to carry out
its functions effectively and independently, in accordance with article 18, paragraph 3,
of the Optional Protocol and guidelines Nos. 11 and 12 of the Subcommittee on
Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, and to make sure that the institution operates free from undue pressures.
12.
While commending the People Advocate’s recommendations aimed at, inter alia,
improving conditions of police detention cells, the Committee notes with concern the lack
of dialogue and follow-up by the Parliament to the recommendations by the People’s
Advocate as required by the law, as well as public awareness about its recommendations.
The Committee also notes with concern the lack of the People Advocate’s mandate to
promote human rights of detainees, access to the institution at the regional level, systematic
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