Press Release

The Prosecution Office of Albania presents the commitment and problems encountered during criminal proceedings on respecting human rights in the grounds for deprivation of liberty, in an activity organized by the Ombudsman and the OSBE

The Prosecution Office, in its institutional activity, pays a special attention to protection and respect of human rights in cases of persons deprived of their liberty by judicial decision. The General Prosecution Office, through the Director of Investigation and prosecution, Mr. Adnan Xholi, presented its commitment in this regard, in a meeting held by the Ombudsman and the OSCE on the observance of human rights in detention and custody environments.
In his speech, the representative of the Prosecutor, said:

The Prosecution Office, even in its nature is a repressive body to protect the interests of citizens and the state, from year to year is committed to alternate the criminal policy, by strengthening the request for security measures and giving ultimate penalty for persons who have committed serious criminal offenses and in turn, by relenting the stance on entities that conduct offenses of small consequence.

Not wishing to engage in the maze of statistics, we can refer at this meeting that, during 2014, the Prosecution Office has sought about alternative sentences in about 44 percent of the cases, compared with a year ago there was an increase of 12 percent. So, evidently, the Prosecution Office in its demands before the court is skewed towards alternative sentences, by not considering imprisonment as the main solution.

Regarding the security measures, there is a growing of the Prosecution Office’s requests for their application. However, this statistic should be given along with the number of proceedings recorded and sent for trial, which have grown as never before, about 66 percent more than in 2013. So thanks to and cooperation with the institutions of other law enforcement there is an increase of the striking, intelligence and investigation forces, which has resulted in the increasing of the requests in absolute security measures.
Unlike as is the practice, the Prosecution Office of Albania has become severe in requirements of security measures of certain specific offenses.

In most cases, it is required the security measure " prison custody" for some types of offenses, for which the sentence margins are not very high, but the consequences on Albanian society are enormous. Here we can mention some offenses like driving while intoxicated, illegal constructions, or theft of electricity.

We are all witnesses that the streets of Albania have a specific risk to life and health of the citizens, due to wrong manoeuvres of the drivers. For this reason the Prosecution Office has significantly strengthened its criminal policy regarding the security measures and penalties for this offense, deliberately awareness of every driver to respect the live and health of other citizens.

Also, we are all aware that many Albanian cities, despite its natural beauty, offer too little of their resources due to illegal constructions. The Prosecution Office has followed a strong political offense for the citizens who have built in an inappropriately way mainly on public land, state or other person’s land, but also for the officials who have given abusive building permit and in contrary to law. Only in 2014 were over 20 local leaders who were taken as defendants for criminal offenses related to illegal construction. And the batting on illegality in this direction is continuing.

However, the Prosecutor General has requested by the Prosecution Offices of lower levels to act prudently for each case, to avoid overloading more on the positions of the suspected persons. In case that the evaluation has not been in proportion with the damage caused, administrative measures were taken on prosecutors and leaders of the Prosecution Offices, who did not properly manage the situation.

However, to maintain a balance between criminal punishment and human rights, by the Prosecution Office, related to above-mentioned offenses, is applied the direct special and / or shortened judgment. So, the judgment of our institution, despite tough security measures, is directed towards a faster legal solution of such violations of the persons accused.

Also, the Prosecution Office has added in its activity the defence of citizens in the cases of arbitrary actions against their security organs. These include the recent cases that were made public, but not only these, in which citizens have been subject to the arbitrary acts by the police officers. In any case in which the Prosecution Office had information according to the complaint or referral from different structures, has completed all the necessary procedural actions.

On the other hand, it is followed a prudential policy by the Prosecution Office in its requirements for juvenile and women defendants. It has been a significant increase of the prosecutors’ demand for alternative security measures than prison custody. Also in the final sentence, the Prosecution Office has paid attention to its requirements in order to reintegrate juveniles and female defendants involved in various criminal offenses.

This speech we would like to close with an issue, which has years of seeking solutions.
It is noticed that during this year are recorded about 35 thousand prosecutions, also there are treated about 53 thousand predicate materials, and the percentage of persons for whom we have required alternative punishments is increasing which affects us in placing these persons deprived of liberty.

It is raised as a concern by our side that the defendants with limited mental abilities, or minors to conduct the penalty in special environments, which is also rightly demanded from the non-governmental organizations. This is a concern, which is often raised by the Prosecution Office and that requires immediate intervention from all structures.

Currently, in Albania there are few in number, or there are no special institutions for the treatment of people with this health problem or for placement of juveniles in educational institutions. But their high social volatility compels the Prosecution Office in some cases, to send these people to the environment of a prison hospital, or even in normal prisons, which is not the best possible solution for their treatment, but is the best option, at least for the moment, for the public safety.