Monitoring Detention and human rights

During 2016, ARCT has confirmed its presence with the monitoring component in police commissariats and prisons. The process of monitoring has produced recommendations, followed by actins by prison authorities and cases brought before prosecution.

Major issues with regards to detention remain:

Despite measures in terms of the improvements of various aspects, the overall situation is missing a holistic approach towards multi sectoral prison reforms. Problems with the staff performance, knowledge and professionalism remain a great concern as it jeopardizes the existing standards. Such missing approach of the system is found in the offender management (vs. overcrowding, lack of basic services, corruption), rehabilitation (vs. recidivism), staff learning systems, active security (vs. disciplinary measures). In the ARCT alternative report “Prisons as progressive punishments”; the tendency of the increased number of violence and inter prisoner violence remained an issue which raised concerns. during the reporting period, there was an average of 5850- 6091 detained population of whom 49% were in pretrial and 51% in detention.

           Overcrowding in prisons was a concern throughout the year, ranking up to 23% more than prison capacities. The material conditions remain quite poorly maintained and managed, no major improvements are registered. Some information from the GPD reported that costs for a detained prisoner go from 350-370 euro per month. As of 2016, the prison system has 164 convicted with life sentences, 42 convicted women, 14 children, 11 over the age of 70.

           During 2016, the ARCT has collected over 935 interviews with detainees, of whom 456 in pre trial and 479 in prisons. The reported cases of violence happening during arrest, transportation in police commissariats, in police is illustrated as following: 176 interviewees reported police physical violence during arrest, other 97 during transportation to police commissariats, and 103 in police commisariats. 169 out of 935 interviewees reported pschological violence while in police commissariats.

           During 2016, in the overall prison system there were 28 inter-prisoner violent incidents, 9 suicide attempts, 6 self harm tentative, 4 hunger strikes.

           A fire in Shen Kolli caused the death of a prisoner, Flamur Sula (25), and 5 wounded prisoners. This incident put in question the level of security in this institution. An administrative case was initiated by prison authorities.

           A case of violence in the Shen Kolli Prison was reported, based on a prisoner’ complaint against violence in the Shkodra Police Commisariat, and the lack of documentation of the violence according to the Istanbul Protocol in this institution. The case was publicly denounced by ARCT and other monitoring authorities (spetember, 2016).

           A prisoner, Lili Dulaj (40), was shot from the outside of the prison. He was in the Vaqarri prison. The case shows big concerns regarding the level of security in various Albanian prisons. The same is the situation with Elbasani pre trial detention centre, which is located in an area where the institution may be at high security risk. Actually, one of the life sentenced (4 tentative escapes) prisoner, Admir Tafili is kept. 

           A prisoner, Fatmir Myftari, condemned with 20 years imprisonment hanged himself in the Peqini high security prison.

           A hunger strike was initiated by 20 prisoners in Korca High security prison in June 2016. Hunger strikes were reported in Shen Kolli, Peqini and Rrogozhina.

           A case of violence in pretrial detention was denounced by a prisoner in Jordan Misja pretrial facility. He complained against security prison staff for violent acts and abuse. The case was publicly denounced in an investigative TV show and was investigated by ARCT (June, 2016).

           A repeated concern remained the management of 120 prisoners with mental illnesses, condemned by courts with compulsory treatment. The current prison infrastructure in Zaharia Special Institution calls for specific attention from prison authorities. All inmates face appalling detention conditions, which if compound with lack of treatment and other recreational and rehabilitation activities may easily amount to torture, inhuman and degrading treatment, also in clear violation of Art.3 and Art.14 of the ECHR.

           During 2016, the ARCT has emphasized that the major part of pre-trial detainees placed in overcrowded cells find themselves there because of the recent policies of the government to roughen criminal punishment for electrical power thieves and for traffic offenders. On the grounds of registers inspected by NPM in police stations, the majority of persons placed in security rooms, as well as those transferred, have been detained/arrested for offenses such as: driving without a driver’s licence (the majority of persons part of this category were juveniles); drunk driving; illegal electricity supply line; domestic violence, etc. The increase of the number of persons detained/arrested for the first three offenses shows that a very important factor of overcrowding is the roughening of criminal policy.

 

Po sikur Dosjet

Dosjet Çfare nuk do të lexojmë

Hope and pain 1

Plaget

Hope and pain 2

Hope and pain 3

Book on Kosovo Refugees

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