2009 Human Rights Situation in Albania - Annual Report

The Situation of Human Rights in Albania 2
Annual Report 2009
CONTENT
page
I. INTRODUCTION
II. LEGAL FRAMEWORK

A. International Instruments of Human Right
B. Albanian Legislation on Human Rights Protection
C. The Institutional Framework for the Protection of Human Rights
D. Other institutions and mechanisms for the protection of human rights
E. International Obligations
III. INTEGRITY OF PERSON

A. The right to life and health
B. Arbitrary deprivation of life
C. Torture and other inhuman or degrading treatment
The situation in detention and prison institutions
Conditions of detention centers
Treatment of Politically Ex-Convicted People from the Communist Regime
D. Arbitrary arrest or detention
Arrest and detention
E. The right for a fair trial
Proceedings of court trials
Efficiency, design and level of law enforcement
IV. CIVIL FREEDOMS

A. Freedom of speech, press and right to information
B. Freedom of peaceful assembly and association
C. Freedom of religion
D. Freedom of movement of internally displaced persons and refugee protection
V. POLITICAL RIGHTS
Elections and political participation
Participation in environmental decision-making processes
VI. DISCRIMINATION, SOCIAL ABUSE, TRAFFICKING

OF HUMAN BEINGS
Domestic Violence
Women
Children
Trafficking of human beings and prostitution
Persons with disabilities
National, racial and ethnic minorities
Other social abuses and discriminations
VII. RIGHTS OF WORKERS

A. Prohibition of forced and bonded labor
B. Prohibition of child labor practices and minimum age of employment
VIII. RECOMMENDATIONS
Annual Report 2009
IX. ANNEX
List of acronyms of the organizations mentioned in the report
Glossary
Annual Report 2009
I. INTRODUCTION
Annual Report on the Situation of Human Rights 2009 is the first attempt of a group of
organizations1 engaged in human rights issues in Albania, for jointly preparing a full report
on the situation of human rights, seen under the view of finding the existing problems in
the field of respecting and guaranteeing the freedoms of human rights in the country, with
the aim to make this report an annual product of all local actors who are engaged in this
field.
This report was prepared following conclusions, remarks and suggestions obtained at the
conclusion of the National Conference "Situation of Human Rights 2009", held at Tirana
International Hotel on 7th December ‘09, in the framework of the International Day of
Human Rights; during which was presented the first draft, prepared by preliminary
contributions of organizations (central/local, large/small), the work done by them in the
ground, issued findings and recommendations on various aspects of human rights in
Albania during 2009.
The report examines the general issues and violations found during this year and despite
the expertise and competence provided by contributing organizations, the report addresses
only those aspects of human rights which have been addressed, investigated and protected
by these organizations during the year 2009.
1
Agimi Shqiptar; Albanian Association for People Living with HIV/AIDS; Albanian Center for Population
and Development; Albanian Development Center for Mental Health; Albanian Disability Rights Foundation;
Albanian Environment Center; Albanian Helsinki Committee; Albanian Human Rights Center; Albanian
Human Rights Group; Albanian Intellectual Forum – Shkodra; Albanian Journalists Union; Albanian
Rehabilitation Center for Trauma and Torture; Amaro Dives; Amaro Drom; Amaro Drom – Lezha; Art &
Color Center; Association “Everything for Youth”; Association “Qëndistaret”; Association for Child’s
Human Rights; Association for Orphan Children and Young People; Association for the Protection of
Persons with Disabilities; Association Hope for the Orphans; Association in Help of Families with Socio-
Economic Difficulties; Association in Help of the Families of Pilots and Policemen Killed in Duty;
Association Nature for Man; Association of Creative Intellectuals; Association of Journalists of South;
Association of Political Persecuted for Integration; Association of Serbian-Montenegrin Ethnic Minority
“Moraça-Rozafa”; Association of Work Invalids; Association of Work Invalids – Durrës; Association “Unë
Gruaja”; BKTF Coalition (All Together Against Child Trafficking); Center for Contemporaneous Vision –
Rrom; Center for Legal Civic Initiatives; Center of Integrated Legal Services and Practices; Children’s
Human Rights Centre in Albania; Citizens Advocacy Office; Civil Society Development Center – Durrës;
Civil Society Development Center – Korça; Civil Society Development Center – Malësi e Madhe; Committee
of Nationwide Reconciliation; Communitarian Center “Today for the Future”; Counseling Center for
People with Disabilities; Courageous Woman; Cultural Association “Arumunët e Shqipërisë”; Cultural
Association “Vllehët e Shqipërisë”; Defense of Albanian Women’s Rights; Dibra Youth Forum; Disutni
Albania; European Institute of Tirana; European Movement in Albania; Hope for Poor People; House of
Human Rights; Human Rights in Democracy Center; Humanitarian Association “Dora e Ngrohtë”;
Independent Union of Journalists; Institute for the Preservation of Nature in Albania; Kombinat Center for
Women and Girls; KRIIK Albania Association; Legal Clinic for Minors – Korça; Miners Syndicate; Mjaft
Movement – Korça; National Association of Militaries in Reserve; New Life; Orphan’s Association;
Orphan’s Association – Durrës; Protection of Rural and Urban Woman; Regional Association of Parents –
Durrës; Regional Association of Professional Journalists – Gjirokastër; Regional Forum of NGOs – Kruja;
Rromano Kham; Skrapari Woman in Transition; Society for Democratic Culture; Society for Democratic
Culture – Gramsh; Society for Democratic Culture – Kruja; SOL Center; Tirana Legal Aid Society ;
Transparency International Albania; Union of the Journalists of the South; Useful to Albanian Women
Association; Useful to Albanian Women Association – Elbasan; Vlora Youth Center; Woman in Global
Action; Woman’s Emancipation – progress for the Society; Women’s Forum – Elbasan; Youth Center
“Epoka e Re” – Fier; Youth in Free Initiative; Youth Intellectuals “Hope”; Youth Parliament – Fier;
“Antigonea” Cultural Mediatic Center; “Drushtvo Prespa” Association; “Mother Theresa” Association –
Durrës; “Obelisht” Media Center; “Trokitje” Youth Center – Shkodra; “Vatra” Psycho-Social Center;
Annual Report 2009
Over 2009 Albania has made improvements in some aspects in relation to respect and
promotion of human rights, while much remains to be done by the Albanian state
institutions, as well as other actors of society to ensure a system of democratic values that
respects the freedoms and guarantees individual rights.
Situation of Human Rights in Albania - as a whole, as well as in special aspects has
become part of international reports of organisms, not only political but also to
organizations such as: Amnesty International, Reporters without Borders, Index Corruption
Transparency International 2009 Annual Report of Europol, etc. reports which give a real
picture of different aspects of human rights, such as media freedom, corruption, etc..
The year 2009 was election year for Albania. 28 June 2009 elections were won by the DP
coalition that was in government. These elections were certified as a process which
reached further improvements (but also with a number of shortcomings still to be
improved) by the OSCE / ODHIR and other delegations of international organizations that
monitored them.
Socialist Party and coalition with the force presented contestations about aspects of the
electoral process and insisted not to enter parliament, as long as its demands were not met,
a situation which still continues.
Although an election year, in addition to involvement in monitoring and following up the

various preparatory processes of parliamentary elections, Albanian civil society, through
2009, has served as a very important mechanism in raising issues concerning human rights
and freedoms in the country, including rights issues of minorities, persons with disabilities,
issues relating to the rule of law, specific issues of justice system, the various policies
pursued by the state, on the situation of prisons and detention , on the role of state
administration, etc.. It is worth mentioning the contribution and commitment of these
organizations in preparing for anti-discrimination bill.
Written and electronic media has been a very important source of information reflecting on
issues of human rights and freedoms.
In conclusion, the network of organizations for human rights expresses a special thanks
to NED (National Endowment for Democracy), the USA Embassy in Tirana and the
Council of Europe, for the support in the implementation of this initiative, stressing that
the thoughts and opinions expressed in this material do not necessarily represent those
of the State Department or the Council of Europe.
Tirana, on December 26, 2009

Annual Report 2009
RESPEKTIMI DHE GARANTIMI I TË DREJTAVE TË NJERIUT
II. LEGAL FRAMEWORK
A. International Instruments of Human Right
UN Human Rights Conventions
• Universal Declaration of Human Rights (1948)

• International Covenant on Economic, Social and Cultural Rights (1966)
• International Covenant on Civil and Political Rights (1966)
• Convention on the Prevention and Punishment of the Crime of Genocide (1948)
• Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment
(1984)
• International Convention on the Elimination of All Forms of Racial Discrimination (1965)
• Convention on the Elimination of All Forms of Discrimination against Women (1979)
• Convention on the Rights of the Child (1989)
European Human Rights Instruments
• Convention for the Protection of Human Rights and Fundamental Freedoms (1950) and 14
additional protocols
• European Social Charter (1961), as revised in 1991 and 1996 and Additional Protocols 1988 and
1995
• European Convention for the Prevention of Torture and other Inhuman and Degrading Treatment
(1987)
• Final Act of Helsinki (1975) and follow- up process of CSCE/OSCE with Charter of Paris for
new Europe (1990)
• European Charter for Regional or Minority Languages (1992)
• Framework Convention for the Protection of National Minorities (1994)
• Charter of Fundamental Rights of the European Union (2000)
European Human Rights Institutions and Bodies
Council of Europe:
• European Court of Human Rights (single court 1998)
• European Committee on Social Rights (as revised 1999)
• European Committee for the Prevention of Torture or Other Inhuman or Degrading Treatment
(CPT, 1989)
• Advisory Committee of the Framework Convention on National Minorities (1998)
• European Commission on Racism and Intolerance (ECRI, 1993)
• European Commissioner for Human Rights (1999)
• Committee of Ministers of the Council of Europe
OSCE:
• Office for Democratic Institutions and Human Rights (ODIHR, 1990)
• High Commissioner on National Minorities (OSCE, 1992)
• Representative for the Freedom of the Media (OSCE, 1997)
European Union:
• European Court of Justice
• European Monitoring Centre on Racism and Xenophobia (EUMC, 1998)
• European Agency for Fundamental Rights (2007)
Annual Report 2009
B. Albanian Legislation on Human Rights Protection
B1. Albanian Constitution

- The fundamental human rights and freedoms are indivisible, inalienable, and inviolable and
stand at the basis of the entire juridical order.
- The organs of public power, in fulfillment of their duties, shall respect the fundamental rights
and freedoms, as well as contribute to their realization.
- All are equal before the law.
- No one may be unjustly discriminated against for reasons such as gender, race, religion,
ethnicity, language, political, religious or philosophical beliefs, economic condition, education,
social status, or ancestry.
- The life of a person is protected by law.
- Freedom of expression is guaranteed.
- The freedom of the press, radio and television are guaranteed.
- Freedom of conscience and of religion is guaranteed.
- The right to property is guaranteed.
- Everyone is free to choose or to change his religion or beliefs, as well as to express them
individually or collectively, in public or private life, through cult, education, practices or the
performance of rituals.
- No one may be subjected to cruel, inhuman or degrading torture, punishment or treatment.
B2. The prevalence of international law over domestic law

In the Republic of Albania, the international law enjoys a privileged position in proportion to the
national law. The Constitution has stipulated the obligation of the Albanian state to enforce the
international law. Article 122 of the Constitution defines that each international agreement ratified by
the Parliament shall become part of the national law after its publication in the Official Journal. It is
directly enforced saving the cases when it is not self-applicable and when its implementation requires
the issuance of a law. The international agreement ratified by virtue of law prevails over the national
laws which are not compatible with it. The norms issued by the international organizations prevail over
the internal law, in case of a conflict, when in the agreement ratified by the Republic of Albania about
its accession into that organization, the direct enforcement of the norms issued by the said organization
is expressly stipulated.
B3. For the purpose of serving to the protection of human rights, the Parliament of Albania,
Council of Ministers or other state institutions have prepared and adopted an entire corpus of
normative acts, aiming at the guarantee and protection of human rights.
Some of these acts are:
Criminal Code (1995 – as amended); Code of Criminal Procedure (1995 – as amended); Civil Code
(1994 – as amended); Code of Civil Procedure (1995 – as amended); Labor Code (1995 – as amended);
Code of Administrative Procedures (1999); Family Code (2003); Electoral Code (2008); Law “On the
Status of Labour Invalid” (1994 – as amended); Law “On the Status of the Orphan” (1996); Law “On
Pre-university Educational System” (1995); Law “On the Right to Gather in Public” (1996); Law “On
the Status of the blind person” (1996); Law “On Private and Public Radio and Television”(1998); Law
“On Rights and Treatment of Prisoners” (1998 – as amended); Law “On the Enforcement of Penal
Sentences” (1998); Law “On Asylum in the Republic of Albania” (1998 – as amended); Law “On the
Ombudsman” (1999 – as amended); Law “On the Status of persons with disabilities (paraplegics and
tetraplegics)” (2000); Law “On Political Parties” (2000); Law “On the Functioning of the Judicial
Police” (2000 – as amended); Law “On the Organization and Functioning of Prosecutor’s Office” (2001
– as amended); Law “On the Organization and Functioning of the Ministry of Justice” (2001 – as
amended); Law “On Vocational Education and Training” (2002); Law “On the Lawyer’s Profession”
(2003 – as amended); Law “On the Protection of Witnesses and Justice Collaborators”(2004); Law on
“Social benefits and insurance” (2005); Law “On the Measures against the Domestic Violence” (2006);
Law “On the State Police” (2007); Law “On the Adoption Procedures and Albanian Adoption
Committee” (2007); Law “On the Functioning of the Judicial Power” (2008); Law “On the Private
Bailiff Service” (2008); Law “On the Protection of Personal Data” (2008); the Law “On Foreigners”
(2008); Law “On the Penitentiary Police” (2008); Law “On Legal Aid” (2008); Law “On Public Health”
(2009); Law “On Prevention and Control of HIV-AIDS” (2008); Law “On Gender Equality” (2008);
Law “On the Indemnity of Politically Ex-Convicted People” (2007 – as amended); Law “On Mental
Health” (1996).
Annual Report 2009
C. The Institutional Framework for the Protection of Human Rights2
Courts
Article 7 of the Constitution stipulates that “The governance system in the Republic of Albania is
based on the division and balance between the legislative, executive and judicial powers” thus
guaranteeing the establishment of a rule of law and democratic state. Pursuant to the Constitution,
the liberty, property and rights recognized by the Constitution shall not be encroached in absence
of a due legal process. Any one, for the purpose of protecting his constitutional and legitimate
rights, freedoms and interests, or in case of charges raised against him, is entitled to a due and
public trial, within a reasonable time limit and by an independent and impartial court defined by the
law. The judicial power is exercised by the Supreme Court, Appeals Courts, as well as by the First
Instance Courts, established according to the law. The Constitution points out that judges are
independent and are subjected solely to the laws and the Constitution. The independence of the
judicial system is also guaranteed by an independent structure that is competent for the
appointment, transfer or dismissal of judges. The High Justice Council is composed of the
President of the Republic who is simultaneously the Chair of the High Justice Council, the Chief
Justice of the Supreme Court, the Minister of Justice, 3 members elected by the Assembly, and 9
judges of all instances who are elected by the National Judicial Conference.
The Constitutional Court is a very important institution for the protection of human rights. This
Court guarantees the respect and observance of the Constitution, renders the Constitution’s final
construction, as well as the final judgment of individual complaints about the violation of
constitutional rights to a due legal process, after the exhaustion of all the juridical remedies for
their protection.
With a view to attaining the independence and efficiency of the judicial system for the protection
of human rights, a comprehensive legal framework has been adopted related to the organization
and functioning of the judicial power (First Instance and Appeals Courts), the Supreme Court, the
Constitutional Court and Court for Serious Crimes.
Prosecutor’s Office
Pursuant to the Constitution, the Prosecutor’s Office exercises the criminal prosecution and
represents the prosecution body in the trial in the name of the state. The Law “On the Organization
and Functioning of the Prosecutor’s Office” stipulates that “the prosecutors exercise their duty in
compliance with the Constitution and laws, and carry out their competences respecting and
observing the principles of a fair, equal and due legal process as well as the principles of the
protection of the legitimate human rights, freedoms, and interests”.
The People’s Attorney (The Ombudsman)
The Ombudsman is a constitutional and independent institution that exercises its activity for the
purpose of the protection of legitimate individual rights, freedoms and interests, which may be
encroached on by the illegal and irregular actions or non-actions of the public administration
bodies, as well as by third parties acting on their account.
The Ombudsman is elected by a majority of 3/5 of all the members of the Assembly for a five-year
period and is entitled to re-election. The institution of the Ombudsman is composed of the
Ombudsman as a monocratic body and the Ombudsman’s Office.
The institution of the Ombudsman exercises its activity for the protection of human rights and
freedoms pursuant to the law “On the Ombudsman” (1999 – as amended in 2000 and 2005) based
on the principles of impartiality, confidentiality, professionalism and independence. The
Ombudsman is entitled to make recommendations and propose measures when finds out violations
of human rights and freedoms committed by the public administration.
State Minority Committee
Regarding the protection of the minorities rights not only as an obligation arising from the
Albanian government involvement in international organizations, but also as a reality grounded on
the peaceful age-long coexistence between the Albanian majority and minorities, the Albanian
government has established the structures responsible for dealing with the issues the minorities are
faced with. With a view to promoting the inclusion in the country’s public life of the persons who
2
Source: The 2009 Report of the Albanian State to the General Assembly of the United Nations
Annual Report 2009
belong to the national minorities, the State Minority Committee was established in 2004 and has
operated since then as an advisory body near the Albanian government. This Committee cooperates
with central and local government bodies, with organizations and associations dealing with
minority issues, for the improvement of standards in respecting and observing the minority rights in
Albania. It proposes concrete measures with relation to the economic, social and educational
development of minorities, contributing to the improvement of the condition of the persons belongs
to minorities, wherever they live. It is composed of representatives of national minorities (Greek,
Macedonian, Serbian and Montenegrin minorities) and ethno-linguistic minorities, (Roma and
Aromanian/Vlach minorities). This Committee has managed to identify and put forward to the
government the issues that the minorities are faced with suggesting the solutions.
D. Other institutions and mechanisms for the protection of human rights
The Sector of Human Rights, Minorities and Reporting in the Ministry of Foreign Affairs monitors
the fulfillment of Albania’s international commitments in the field of human rights, and in
cooperation with other institutions deals with the issues of the protection, respect of minorities
rights and with the coordination and implementation of minority policies as well. Its objective is
the establishment of official dialogue with representatives of minorities associations, the promotion
of the activities aiming at the preservation and development of lingual, cultural, religious and
national identity.
The Inter-ministerial Committee of Children’s Rights, established in 2007 as an advisory body,
guarantees the incorporation of policies concerning the children’s rights into the development
strategies. This Committee monitors the implementation of the National Strategy for Children and
its Action Plan. The Technical Secretariat for Children established in 2006 in the Ministry of
Labor, Social Affairs and Equal Opportunities, (hereinafter referred to as the Ministry of Labor)
monitors the implementation of the National Strategy for Children and its Action Plan, coordinates
the cooperation with other institutions, and civil society. The Units for the Protection of Children’s
Rights at the county and municipality level are in charge for the protection of the children’s rights
at the regional level.
The National Steering Committee “On the elimination of child labor” (2001) which is chaired by
the Minister of Labor is the highest structure in charge of the integration of child labor issue in the
drawing up of national policies. “The Elimination of Child Labor Unit” is established near the
Ministry of Labor, which monitors the expansion of the child labor phenomenon. These structures
are set up within the framework of the International Program for the Elimination of Child Labor
(IPEC). The National Employment Service monitors the law enforcement with relation to the
employment, vocational training and qualification. The State Labor Inspectorate ensures the
enforcement of the labor legislation by the state and private legal entities, including the inspection
of child labor.
National Council on Disability Issues established in 2005, chaired by Deputy Prime Minister,
guarantees the protection of the rights of persons with disabilities and their integration in all fields.
The Technical Secretariat for Persons with Disabilities established in 2006 in the Ministry of Labor
monitors the implementation of the National Strategy for Persons with Disabilities and its Action
Plan.
Ministry of Labor, by means of its respective structures is the key responsible, coordinating,
supporting and supervising authority in the field of labor, social affairs, gender equality and
domestic violence. The Directorate of Equal Opportunities Policies near this Ministry (Sector of
Gender Equality and Sector for Measures against Domestic Violence) has the mission of drafting
and developing the policies for the promotion of equality in such fields as gender equality,
inequality in skills/abilities, minority issues, age, generation and race inequality, the prevention and
reduction of domestic violence and gender-related violence. The Directorate of Social Services
Policies has the mission of drafting and developing the policies and the legislation for the
protection of the rights of the persons with disabilities, young peoples, elders and poor families.
The State Social Service is the executive institution of the policies and legislation in the field of
social protection.
Annual Report 2009
The Technical Secretariat for Roma Minority in the Ministry of Labor is in charge of the
monitoring of the implementation of the objectives and measures defined in the national strategy
“For the improvement of the living conditions of the Roma minority”.
The State Committee of the Fight against the Trafficking in Human Beings chaired by the Minister
of Interior is composed of high representatives of political level of central institutions and is
responsible for the prevention and fight against trafficking. In 2009 is established the National task
Force against Trafficking.
The National Coordinator’s Office for the Fight against the Trafficking in Human Beings
(established in 2005) coordinates the work between institutions in the fight against trafficking in
human beings, at the national, international level. The Anti-Trafficking Unit operates near it. The
Regional Committees of the Fight against Trafficking in Human Beings were established in 2006
in the 12 counties of the country, for the prevention of the trafficking phenomenon, the protection
of potential trafficking victims, whereas at the administrative level special structures operate within
the police force with the aim of combating the organized crime and illicit trafficking.
Beginning from 2007, the Sector for the Protection of Children and Domestic Violence operates at
the central level, near the Directorate General of State Police. At the regional level, in the County
Police Directorates, have been established the Sections for the Protection of Children and Domestic
Violence, which, are entrusted with the prevention, fight against domestic violence, violence
against children, as well as with the protection of children from criminal activities and the
protection of children involved in criminal activities.
The Unit for the Prevention of Torture near the Ombudsman that was established in 2008 aims at
the protection of the rights of pre-trial detainees and convicts. This Unit operates near the
institution of the Ombudsman, and it exercises the duties of the National Mechanism for the
Prevention of Torture.
E. International Obligations
The Republic of Albania has ratified the main international human rights instruments: Universal
Declaration of Human Rights; International Covenant on Civil and Political Rights; Optional
Protocol to the International Covenant on Civil and Political Rights; Second Optional Protocol to
the International Covenant on Civil and Political Rights aiming the abolishment of the death
penalty; International Covenant on Economic, Social and Cultural Rights; International Convention
for the Elimination of all Forms of Racial Discrimination; Convention on the Elimination of all
Forms of Discrimination against Women; Optional Protocol to the Convention on the Elimination
of all Forms of Discrimination against Women; Convention against Torture and other Cruel,
Inhuman or Degrading Treatment or punishment; Optional protocol to the Convention against
Torture and other Cruel, Inhuman or Degrading Treatment or punishment; Convention on the
Rights of the Child; Optional Protocol to the Convention on the Rights of the Child on the sale of
children, child prostitution and child pornography; Optional Protocol to the Convention On the
Rights of the Child, on the involvement of children in armed conflicts; International Convention on
the Protection of the Rights of All Migrant Workers and Members of their Families; International
Convention for the Protection of All Persons from Enforced Disappearance; Geneva Conventions;
The Rome Statute of the International Criminal Court. The Republic of Albania has signed a
substantial number of the Conventions of the International Labor Organization and UNESCO.
Also Albania is a party to European Convention On the Protection of Human Rights and
Fundamental Freedoms, Protocols 1, 2, 3, 4, 5, 6, 7, 8, 11, 12, 13, 14 of this Convention;
Framework Convention for the Protection of National Minorities; European Social Charter;
European Convention for the prevention of Torture and Inhuman or Degrading Treatment or
Punishment, and other conventions of Council of Europe.
Annual Report 2009
III. INTEGRITY OF PERSON
A. The right to life and health

Life is a right, fundamental attribute of human beings. Rights and fundamental freedoms,
under Article 15 of the Constitution are indivisible, inalienable and inviolable and remain
the foundation of all legal order. It is the primary constitutional duty of the state to respect
and protect these rights.
Constitution of the Republic of Albania, Article 15 / 2 santctions that "Public power
authorities, in fulfilling their duties, shall respect the rights and fundamental freedoms,
and to contribute to their realization."
In a survey of KSHH3 and QSHDNJ4 noted that security of life, on the streets and in the
workplace, continues to be a concern, pollution of the environment is a factor in increased
mortality and morbidity of citizens, the health system does not create equal access to all
citizens (especially the poor and other vulnerable groups, such as orphans, those living in
remote mountainous areas, etc) and the types of diseases, especially people with mental
health problems, and the chronicles. In terms of working in informal economy, many
citizens remain outside the health insurance scheme, because no contributions were paid;
reconfiguration of hospital mapping remains an emergency need, along with the
formulation of national standards for primary health care and hospital laboratories,
stomatology, etc. Psychiatric hospitals and community centers result in low numbers and in
unsatisfactory conditions. Hygienic-sanitary conditions and hospital equipment, the list of
available medicines needs to be improved. It is noted a lack of knowledge of duties by the
staff, and implementation of institutional control mechanisms. The position of people with
mental health disorders in these conditions is an inhuman treatment.

Several of the organizations put emphasis on the lack of evaluation of care for life by the
state bodies, citing as a significant example here Gërdec tragedy of last year, where was
allowed the exercise of an activity with very high level of risk surrounding environment, in
terms of inadequate measures to minimize risks and protect not only the life and health of
employees, but also the lives and properties of residents around.
During the year 2009 was registeres a lower number of murders, but, meanwhile, there
have been very serious events, like the assassination of MP in office Fatmir Xhindi or the
attack toward a member of the Supreme Court, Ardian Nun, events that still remain
without authors.
Blood feud continues to be a serious problem. According to KPM5, degeneration in the

misinterpretation and misuse of the Kanun, has caused and still causes injuries constantly,
keeping isolated hundreds of families, men, women and children, determining a number of
about 1400 families isolated or hidden. Only in Tirana by the KPM identified 110 isolated
and 70 hidden families.
This Committee confirms that the phenomenon of blood feud remains a troubling problem
facing the citizens' life, causing hundreds of innocent victims, including women and
children, due to lack of effective rule of law and deformations of the Kanun.
According to KPM, the Albanian state, unable to take the protection of isolated families,
tries to hide this reality to the international community, without making any effort for a
national strategy against killings for revenge or blood-feud. Furthermore, some projects
3
Albnian Helsinki Committee
4
Albanian Human Rights Center
5
Committee of Nationwide Reconciliation
Annual Report 2009
undertaken by the government, as the center for “locked in” children in Poliçan, Police
structure against the Blood Feud in Shkodra and the Ministry of Education project for the
Education of Children “locked in” inside their homes, have not been eficient.
KPM finds that the phenomenon of blood feud and “locked in” also tragically appears in
the families which have people with mental health problems, which are forced to isolate
them within the home or to bind with chains of fear of crime that would bring as a result
blood feuds; as occurred with the tragedy of the family of a 10 years old boy in Peshkopia,
who was raped and killed by a mentally ill, bringing revenge between two families and
their tribes.
KPM raises concern that between feud and “locked in” are limited many other
constitutional rights, such as: the right to vote, freely exercise of religious practice,
freedom to be educated, freedom of association, movement, etc..
According to KPM, the police, although it has been the only institution that has made an
effort to help missionaries in conflict resolution and prevention of murders, is in the same
difficult position as well as missionaries, because it has no legal and technical tools. It, in
most cases, can not intervene in feud situations without a denunciation, which, in almost
all events, does not occur, not to further exacerbate the situation and to leave open the
possibility for later reconciliation.
A particular concern is considered the damage to life and health caused by road accidents.
According to TLAS6, statistics speak every day that the cases of damage to life and health
are very high, and preventive measures, especially in road infrastructure, are still
insufficient, especially road signals.
Increasing suicides are another disturbing phenomenon. According to QDNJD 7, based in

media monitoring, is determined a high number of suicides in the country, where 57% of
suicide people seem to be women. Among the reasons for the suicide the Center
determines that 54% of the cases were committed as a result of depression, 41% as a result
of economic and family hardship and 2% as a result of mental health problems.

One of the fundamental problems in respect of human rights in Albania remains
inapplicability of international conventions, particularly in not fulfillment of legal
obligations stemming from the United Nations Convention against Torture and Inhuman
and Degrading Treatment and the Optional Protocol to the Convention to improve
component "monitoring" the deprivation of liberty sites (prisons, detention facilities,
psychiatric hospitals, military bases, etc.).
Optional Protocol for the Prevention of Torture induced joint commitment of QSHRT 8, the
Ombudsman and several international partners for the creation of the National Mechanism
of Prevention of Torture and its attachment to the AP9, which was materialized through the
changes that were made to the law on the treatment of persons in prison, where, in addition
to fulfilling the obligations arising from OPCAT, the law was sanctioned with the
contribution of civil society in monitoring the suffering the punishment sites (prisons and
detention).
6
Tirana Legal Aid Society
7
Human Rights in Democracy Center
8
Albanian Rehabilitation Center for Trauma and Torture
9
People’s Advocate – Ombudsman
Annual Report 2009
Although the constitution and law prohibit the use of severe violence or inhuman
treatment, it is noticed the use of violence by police and prison guards against suspects and
detainees.
Furthermore, GSHDNJ10, during the year 2009 has won two court processes with object
compensation as a result of the exercise of violence against citizens in prison facilities and
police commissariats (ref. issue Amarildo Përfundi against the Korça Police Department
and the issue Mihallaq Karaj against Prison 313, Tirana).

Some of the institutions of detention and prisons have problems such as damp, lack of
running water, etc. Overcrowding remains a concern and, in these conditions, it becomes
difficult to ensure proper treatment of persons detained or convicted, especially for minors
and women.
Implementation of training programs for groups in poor positions is not performed at
satisfactory levels. Education and employment of persons deprived of liberty is conducted
in some pilot institutions, but remains that this service be extended to all penitentiary and
prison institutions.
The principle of guaranteeing defense, enshrined in Articles 31 of the Constitution of the
Republic of Albania and Article 6 of the Code of Penal Procedure, though is one of the
basic conditions for ensuring the rights of the defendant and protection of its legitimate
interests, in many cases finds no application. QDNJD, from monitoring conducted in the
detention institution 313, Tirana, determines which is the representation of defendants in
this institution, custody, mostly from lawyers appointed by the procedures, in many cases it
is ineffective due to occasional contacts that were provided for with their legal counselor,
even, in some cases, legal assistance offered by these advocates is formal and fictitious.
Conditions of detention centers

Treatment
There are reported cases of torture in detention facilities. However, from monitoring
conducted, IET11 reports that it was notified on deliberate physical ill-treatment in
detention institutions in Lezha, Korça and Tepelena, while in Peqin and Vlora were
identified isolated cases. Also, in some cases it was abused with disciplinary measure of
isolation and was found several cases of unacceptable conditions and treatment in isolation
as in Lezha, Korça, Tepelena.
Another issue that is determined by the IET is the usage of cuffs in the Prison Hospital
Center, where were detected two cases of inhuman and degrading treatment against the
prisoners who were on the bed with chains (on one foot and one hand) about twenty days
and stayed connected throughout the night and most of the day.
Chaining patients is classified as inhuman and degrading treatment by the Committee for
the Prevention of Torture (CPT), because not only has heavy influence and psycho-
pathological symptoms of the victims, but also affects other patients, which has been
classified as inhuman and degrading treatment by the Committee for the Prevention of
Torture (CPT).
Safeguards
There is internal control structure as part of the General Directorate of Prisons and the
Ministry of Justice, and a number of NGOs, international organizations and the
Ombudsman, who are allowed to perform external audits in order to assess the situation
human rights and preventing cases of torture and mistreatment.
10
Albanian Human Rights Group
11
European Institute of Tirana
Annual Report 2009
Regarding the procedures of appeal, although the new General Regulation of Prisons
(Decision no. 303, dated 25.03.2009) guaranteed the right of detainees to submit requests
and complaints to staff in detention and other institutions, which are forced to submit
answers in legal terms; the concrete implementation of this right remains difficult and
detainees are not always able to address their requests to the competent authorities.
Disciplinary procedures set forth in the General Regulation of Prisons, under the IET, in
certain cases are misused and always based on the principle of proportionality.
Furthermore, there is little knowledge about what constitutes breach of discipline.
Separation of prisoners in categories, in general, is respected and consists of division in
women/men and a juvenile/adult, charged/convicted, as well as separation due to security
of detainees. However, according to monitoring conducted by the IET, is verified that in
Korça children were kept in the same place with adults.
While QDNJD has determined that the division juvenile/adult in Women Sector at 313
Detention Institution, Tirana is not done. Minor girls stay in the same environment with
adults in the institution.
Material conditions
Since January 2008, the General Directorate of Prisons is charged with ensuring food
under new provisions providing food and materials needed to detainees held in police
departments. This provision applies to all other detainees held in the prison system. In the
system of detention and prisons, prisoners and detainees are treated according to the
categorized food for prisoners/detainees normal, working, or sick. Within institutions there
are shops and families are allowed to bring food to detainees.
Regarding lighting and ventilation, according to the monitoring of IET, in some
institutions there was not adequate ventilation, and most of them had problems with natural
light, as in Tirana (IEPS 302), Berat, Kukës, Fier and Saranda. Also, the heating system in
these institutions does not function.
Personal hygiene of detainees continues to be problematic due to lack of current water the
cell or hot water, as in 313 Tirana, Durrës, the Prison Hospital Center, Lezha, Korça, Berat,
Kukës, Saranda, Tepelena, Tropoja. Also, problematic is the situation of common toilets,
which do not meet minimum standards of hygiene and do not ensure privacy, such as
Prison Hospital Center, Rrogozhinë, Peqin, Berat, Kukës, Saranda and Tropojë.
According to KSHH and IET, overcrowding and accommodation remain a major problem,
despite improvements compared with the past. Moreover, overcrowding is one of the main
obstacles to ensuring proper treatment of persons detained or convicted, especially for
minors and women.
The worst situation is presented in Tirana to the prison 313 (mainly in the section of
women) and 302 in the Prison Hospital Center in Peqin, Berat, Tepelena Tropoja and
Vlora.
Infrastructure is often old and does not meet health standards (313 Tirana, the Prison
Hospital Center, Rrogozhina, Berat, Kukës, Saranda, Tropoja), with the exception of new
institutions or renovated detention raised in Durrës, Fushë Kruja, Lezha, Peqin and Vlora.
Furniture are often inadequate (Prison Hospital Center, Kukës) or missing entirely, as in
Tropoja, where there were no furniture or beds.
Education and employment of persons deprived of liberty is conducted in some pilot
institutions, but it remains that this service be extended to all penitentiary institutions.
IET determines that, in terms of education, very few activities are provided to the
detainees, despite the latest agreement with the Ministry of Education. Even children do
not always have access to education (e.g. Lezha and Korça). Education facilities are
generally inadequate to provide activities for all prisoners. Also, they do not allow to go by
themselves to the library and, generally, books are too few in number (the books were
distributed in the cell).
Annual Report 2009
Medical Service
The right to medical service is not always guaranteed to all detainees effectively and
without delay. According to IET, this is mainly due to the low number of medical
personnel. Major problems in this regard IET were found in Berat, Kukës Rrogozhina and
Tepelena.
According to KSHH, transfer of persons for whom the injunction is granted for
compulsory treatment remains a problem. They should be sent as soon as possible to the
relevant medical institutions and to leave the prison hospital, or detention and
imprisonment institutions where are held today unjustly.
Even specialized treatment is not always guaranteed. Psychologists and psychiatrist are
few in number. Drugs generally are limited and not of good quality. By IET monitoring is
determined that yet there is no special care for people with disabilities, such as in 313 in
Tirana.
Also lacking is special care that should be indicated in the treatment of detainees with
mental health problems, for whom there is a special institution.
During the monitoring conducted by IET, at Vlora detention center were identified 12
detainees with mental problems and no psychiatrists. Meanwhile, according to IET, Prison
Hospital Center in Tirana, 90% of patients are with mental health problems, which are
cared by only one psychiatrist and one nurse with experience in psychiatric hospitals.
Medical staff is generally insufficient to care for large numbers of detainees, particularly in
those institutions where the prison and detention are together.
Treatment of Politically Ex-Convicted People from the Communist Regime

Reintegration, rehabilitation and compensation for former prisoners and political detainees
have been a hot issue during 2009. Associations of former persecuted, according to some
clusters and GSHDNJ, signed, in violation of their basic rights, financial compensation
law, already approved, without the permission of the persecuted themselves.
The persecuted have considered so far Law no. 7748, dated 29.07.1993, "On the status of
former politics persecuted” and Law no. 9831, dated 12.11.2007 "On the compensation of
former political persecuted” as inapplicable.
GSHDNJ and QSHRT in the treatment of this category found that, generally, the Albanian
state authorities have not applied to practical measures aimed at rehabilitation,
reintegration and compensation of former political persecuted.
According SHPPI12 there is a number of major problems that hinder reintegration and
dignified treatment of political persecuted as: yet impunity of crimes of communism; non
return and seizure of movable and immovable property; grace of forced labor in prisons
and deportation; yet failure of innocence, lack of housing opportunities for former
persecuted left without family; their non political integration, economic situation
aggravated their lack of opportunities for their treatment of chronic diseases received
during sickness or deportation in prisons etc..
During the period October-November-December 2009, several former prisoners of the
dictatorship were stuck in a hunger strike for more than 6 weeks within the IIPP13 yard,
without receiving any response from the public institutions for their requirements.
According to GSHDNJ and QSHRT, they require state enforcement of legal obligations
pursuant to law "For Innocence" and the Law "On Status", adopted by the Assembly of
Albania since 1993. QSHRT determines the delay of 18 years of integration of victims of
torture and Communist (the obligation of the constitution and laws) and non-punishment of
communist crime, bypassing the United Nations Convention against Torture and Inhuman
12
Association of Political Persecuted for Integration
13
Integration Institution of the Politically Victimized People
Annual Report 2009
and Degrading Treatment, experience has become a second prosecution for the majority of
victims of communist regime.

During their monitoring activity organizations have reported cases where police have
arrested and detained persons arbitrarily.
Police, in general, tried to show devotion and professionalism in accomplishing its duties,
but by the KSHM and GSHDNJ reports during 2009 concluded that a good portion of
identified cases of stops or arrests have precipitated in physical and psychological violence
from this institution to the citizens.
According to TLAS, cases are often found holding people under arrest in violation of the
law, as evidenced in some cases detention institutions Rrogozhine, Vlore, Peqin, Tirana,
etc.., even after the legal period of stay in these institutions .
Moreover, further finds TLAS, there were instances of stay in these institutions even after
the court has decided the change of measure of security and release of the person.
By monitoring and investigations carried out by QDNJD and TLAS, were identified delays
in the transfer of the detainees, regardless of decisions and deadlines set by law. Thus, in
the Tirana police departments were found problems with delays in the transfer of persons
arrested or detained at security houses of the police commissariat, for the detention
facilities of the General Directorate of Prisons, as the Court made a decision for allocating
the security measures "in prison custody”. Nationals were held in the premises of
commissariats for weeks at a time without being transferred.
Also were provided cases of detention in institution for a long time (more than 6 months)
after the penalty decision have become final, while the people had to stay in correctional
institutions (prison). This situation is commonly repeated, finds TLAS, is a phenomenon
even when talking about the time delay of one or two months, the delays justified with the
necessity of performing the necessary administrative actions.
TLAS raises concern about violating the rights of detainees or prisoners, and consequently
non coordination and non information of institutions with each other on the observed
violations or neglecting of law.
Arrest and detention

From contacts with detained or arrested persons, GSHDNJ reports violence by police
against them, with the purpose of extracting information or obligation to admit
participation or authorship of criminal acts.
Also, GSHDNJ determines that during arrests or prohibitions, generally proper legal
procedure set in Criminal Procedure Code is not followed and detainees are denied of the
possibility to contact with family or lawyers.
GSHDNJ even raises the concern about biased conduction of arrests or stops during the
weekends. Also GSHDNJ notes the preparations files for bans and arrests, in many cases
are contrary to legal procedure that must be followed.
KSHH reports of many of the children interviewed stated that they were violated by police
officers and judicial police in the moment of detention / arrest and interrogation. Further,
the KSHH found cases of juvenile violence have denounced the hearing or to the
prosecutor, but these bodies have not taken any steps to follow the charge and
responsibility of putting forward the relevant employees of the police.
E. The right for a fair trial

Constitution and legislation provide a complete framework for ensuring a functioning and
independent judiciary and a fair and rightful process.
Annual Report 2009
From the experience of TLAS lawyers and monitoring was raised the concern of a very
low level of access of citizens to the court, particularly those with economical difficulties
who have difficulties to search their rights in court.
According to TLAS and QSHDNJ, the system of legal aid in civil field is outside the
attention of any state body. Although since one year was adopted law "On legal aid”, it has
not given any effect as yet are not been set up structures that will enable its implementation
in practice.
This area continues to be covered spontaneously only by organizations that provide free
legal services as stated in their objectives. Consequently, legal statements providing legal
assistance in civil, family and administrative work still remains almost only obligation
stated in the law, but unfulfilled for citizens in need.
Lack of legal provisions for tax evasion indictment or other judicial expenses (expenses for
experts, psychologists, etc.) directly inhibits access to the courts for citizens who, because
of income, are unable to afford these costs themselves.
Proceedings of court trials

Civil and criminal proceedings in court trials, in substantial portion of cases are still not
respected.
GSHDNJ reports that during 2009, 250 cases of alleged procedures were not respected by
the courts in the development of proceedings.
In monitoring conducted, GSHDNJ, KSHH and QSHDNJ have identified a range of
problems such as:
- failure to give answers in the form of interim decisions by the court for preliminary
requirements implemented by the parties;
- Lack of publicity of the hearing;
- Deprivation of the right to ensure a fair and effective protection for defendants in
criminal trials;
- Non transcription and non justification of judicial decisions in time deprived interested
parties of the right to exercise the recourse claims and complaints against them.
- Over extension of judicial processes in unreasonable and unlawful terms;
- Obstruction of the opportunity of interested public to attend sessions of the trial, due to
their development in judges' offices;
- Corruption among judges;
- Safety and security of court facilities for judges is unsatisfactory;
- Alternative punishments (semi liberty, suspension of execution of the decision to jail and
putting to the test, stay at home) still apply and very rarely tried in juvenile detention,
while the defendant lawyers do not always have a special qualification for this activity.
According to QDNJD, execution of court decisions from the Bailiff Office, which operates
based on Law No. 8730 date 18/01/2001, "For organization and functioning of bailiff
execution service", remains problematic, and Law no. 10031 date 11.12.2008 "For private
judicial bailiff service”.
Among noted violations and non execution of decisions referred to the mass divorce issues,
mainly related to the execution of "food pension”.
Return of Property
Return of property continues to be one of the main issues where flagrant violations of
human rights are identified. GSHDNJ reports that during 2009 were identified a significant
number of cases of deprivation of the owners of their right of property, the alienation of
property and violation of various possessions of real property owners in the interests of
people who do not dispose this right.
Annual Report 2009
In the meantime, according to investigations conducted by the RSL14 in Kukës, concerns

were raised about the difficulties encountered by citizens on the supply of ownership
certificate and the legalization process as foreseen by the law, bringing economic problems
for citizens.
Also, RSL still raises concern for non compensation of Kukës the citizens as a result of
flooding from Fierza Lake, despite numerous protests and strikes that they have made.
Efficiency, design and level of law enforcement

Drafting and approval of laws has remained a deeply political process, by adopting, in
some cases, articles which contradict with ratified human rights conventions, the
constitution or other laws in force, making such laws unenforceable and bringing
violations of the rights of citizens.
KSHH highlights the Constitutional Court decisions that supersede laws inconsistent with
the Constitution of the Republic of Albania, as Decision. No. 3, dated 02.02.2009 of the
Constitutional Court, which decided to abolish as incompatible with the Constitution of the
Republic of Albania and the European Charter of Local Autonomy of Articles 3, item 8, 4,
paragraph 1, letters "a", "d" , and item 2, letter "b", 5, clause 2, 6, 7, 8, 10, 14, item 3, 16,
item 2, 5, 17, 20, item 2; 26 of law no. 9895, dated 09.06.2008 "On some amendments and
additions to Law no. 9482, dated 03.04.2006 "On legalization, urbanization and integration
of illegal construction; Decision no. 5, dated 06.03.2009 of the Constitutional Court, which
decided to abolish as incompatible with the Constitution of Article 329 / 1, part of the
sentence "unless the decision is the fact stated there, the PCC, decision no. 20, dated
09.07.2009 decided to abolish as incompatible with the Constitution of expression in
Article 38, letter "a" law nr.9877: a) appoint and dismiss judicial secretarial staff and
administrative personnel, technical services of the court; put repeal as incompatible with
the Constitution of the points 1, 2, 3, 4, 5, 6, 7, 8, 9 and 11 of the Decision of the Council
of Ministers no. 52, dated 14.01.2009 "On the quality of gasoline fuel (diesel), produced
by refining crude oil to be issued in the territory of the Republic of Albania, and traded for
road vehicles and generators”.
SHKUR15, in its work for the rights of militaries in reserve notes of Law no. 9418, date
20.05.2005 "On supplementary social security of military Armed Forces of the Republic of
Albania" was amended by law no. 9481, dated 16/02/2006, which worsen certain
parameters of the Law no. 9418. After complaints to the Constitutional Court, the latter
gave the right decision to SHKUR by decision no. 9, dated 26/02/2007. According to
SHKUR, the government did not enforce the decision of the Constitutional Court, contrary
the Parliament on 15.05.2009 adopted the Law no. 10,142, which worsen still further the
rights obtained by the previous laws and the Constitutional Court's decision. SHKUR
headed back to the Constitutional Court to declare as incompatible with the Constitution of
Law 10,142, which, inter alia, Article 29 requires change and failure of the courts'
decisions final, the law giving retroactive effect, by making many juridical processes of
militaries for their pension right to stop, while removing the exercise of their right at
judicial bodies.
QDNJD notes insufficiency in implementation of Law No. 7995, dated 20.09.1995 "On
promotion of employment" in terms of its application to women and girls.
Anti-mafia law, which was adopted a few days earlier by the Assembly, according
GSHDNJ and KSHH, in the way it is drafted, comes in contradiction with the international
criminal acts. Since its drafting this law became subject of debate, especially in terms of
increasing the powers of the prosecution authority to decide seize on property, whose
14
Youth in Free Initiative
15
National Association of Militaries in Reserve
Annual Report 2009
owners fail to justify their legal origin, competencies to keep every person as their object,
when the level of income does not justify its costs, multiple bank accounts or the standards
of a luxury lifestyle, etc.
IV. CIVIL FREEDOMS
A. Freedom of speech, press and right to information

The constitution and law provide freedom of speech and press, but political and economic
pressure on print and electronic media as violence used on some media representatives
pose a threat to freedom of press.
Freedom of Press, in reports of Council of Europe and Reporters without Borders, ranks
Albania at a low ranks, even lowering.
During this period, the country's media, according to UGSH16 are frequent cases of
violence exerted on journalists, newspapers and on televisions and, especially, local media
and journalists. Between government and media and journalists are frequent cases of
public controversy, pressure and arbitrary acts, as in the case of editors and media owners,
such as daily newspapers Tema, Vizion Plus, Top-Channel (Top media) and other papers.
Also, there are frequent cases of judicial processes to editors and media representatives
from public administration or individuals, although it is in effect an administrative order of
the Prime Minister, which prevents administration employees to file a suit against the
journalists.
FRD17 and UGSH evaluate the addition of censorship problems and auto-censure. Albanian
editors feel more dictated and controlled by administrators and owners. The media have
become more influenced by politics and, at a time when the political scene has restored
conflict, the phenomena of polarization and alignment of media and journalist has taken
disturbing measures.
UGSH evaluates that auto censure elements are very present in the conduct, practice and,
especially, the relations within newspaper editorial editor, in particular audiovisual media
in the country.
KSHH finds lack of transparency of financial resources of print and electronic media
which brings that, often, they do not represent the interests of the public, but of the owners
of these media.
Meanwhile, the legal initiative to draft law "For the press" is left in silence by not fulfilling
the task of aligning the Albanian media legislation with European standards. Also,
legislative initiatives for the removal from the Penal Code of penal acts of defamation and
insult are not yet materialized.
Cases of identified violence

Organizations report the case of violence of local correspondent of the newspaper "The
Telegraph", Gjergj Mandreja from the Mirdita Deputy Prefect Gjon Pjetri in his office,
who has hit 64-year-old Mandreja, leaving him unconscious in January 2009; Violence
conducted by police in the premises of Tema newspaper and forced removal of journalists
in January 2009, violence committed against journalists Mero Baze in November 2009;
In general, delays were identified in solving and implementing processes to justice
perpetrators of the violence against journalists especially those carried out by powerful
persons.
16
Independent Union of Journalists
17
Dibra Youth Forum
Annual Report 2009
The QKMA18 report concluded the case beating of Shqip newspaper correspondent in the
district of Gjirokastra, Ëngjëll Serjani, in June 2008, from police officer Argjir Cela, is still
under investigation by the prosecution while the authors carried out this act in the presence
Tepelena Chief of Commissariat, Enver Meçe.
The situation of journalists

Informal work, in general, continues to be recorded as one of the problems of reporters in
Albania, especially those working in the local media.
According UGSH, UGQGJ19 and QKMA the situation of journalists work relation
continues to be the same, discriminatory because not signing of contracts, the exercise of
the profession without insurance and without a legal status.
UGQGJ reports that about 80% of local journalists working in local media or as
correspondents of central media work informally.
UGSH reports that during July-November 2009, in country's 25 daily newspapers have
been arbitrarily removed from their work place 58 journalists, who by not having contracts
with the administrators and owners of media have had no opportunity to establish
processes court, for their unpaid salaries.
UGSH also raises concerns that in country’s 27 printed and audiovisual media, still
remains in force incorrectness for monthly payments of journalists and media staff,
especially during the months of October-December 2009, delays have resulted up to 2-5
months.
Journalism Ethics
In general, in their work, journalists make efforts to maintain professional ethics. However
there are cases in which is the media that violates the rights of the public or citizens.
Failure to comply with the principle of presumption of innocence from the media is
reported by QDNJD as one of the main concerns of women and girls in detention
institution 313 in Tirana.
Also, the publication of images from visual media of film cassettes readily obtained by
political parties during the election campaign of June 28 is a reflective non-fulfillment of
the mission, authenticity and objectivity in journalism.
The right to information on official documents

Law no. 8503 date 30.06.1999 "On the Right Information for Official Documents,"
sanctions the right on information to interested citizens or subjects, on the activities of each
institution, unless expressly prohibited by law. This right is not applied in many cases by
the administration locally or centrally, or intentionally delayed breaking the terms provided
for by law.
RSL repeatedly raises concern in two local institutions in the district of Kukes, where not
only information is not given by staff of the institution concerned about the official
documents, thus justifying this position with reason that the information is classified, but
officials in question in fact had no knowledge of the right to information and the law that
sanctions it.
B. Freedom of peaceful assembly and association

The constitution and law provide freedom of assembly and association. There were no
cases of violation or prohibition of such rights by state institutions.
18
“Antigonea” Cultural Mediatic Center
19
Regional Association of Professional Journalists – Gjirokastër
Annual Report 2009
However CSDC Durres20 raises concerns raised by other NGOs on uncertain legal area that
regulates relations between NGOs and state institutions Tax / Fees. The latter consider all
NGOs, regardless of their scope of action, as large businesses, while it placed undue
bureaucracies on NGO-Tax/Fees relations, bringing progress and obstacles in their
functioning.
C. Freedom of religion
Albania has demonstrated consistency in respect to freedom to manifest one's religion and
is one country to be taken as example where there is a higher tolerance among religions.

Free movement of persons is one of the major issues of political and social realities in the
country. Visa liberalization will bring for the first time after 1990 Albanian citizens the
opportunity to move freely in all countries of the Schengen area for short periods.
This process took first drive at Thessaloniki Summit of June 2003, and then in the middle
of 2006, was negotiated visa facilitation agreement with the Western Balkan countries,
which entered into force on 1 January 2008.
According to LE21, this agreement does not offer any real relief, even every member of the
Schengen country began to implement in accordance with its specific rules, leaving
essentially the same procedure for obtaining a visa.
In May 2008 the EU decided to open visa dialogue with Albania and materialize all the
criteria that must be fulfilled in a single document called the Guide towards visa
liberalization.
European Commission, on July 15, 2009, presented a proposal for the removal of
Schengen visas for 3 Western Balkan countries. Currently, for two countries which did not
benefit the liberalization (Albania, Bosnia-Herzegovina) it is said that they meet about
90% the criteria of the Guide, however, new monitoring missions due to visit the place
very soon in the period December 2009-February 2010 will give a clearer overview of the
situation, over which the European Commission will draft a new proposal.
The rights of Albanian emigrants and returned persons

According to KSHH, despite measures taken to reduce irregular migration, the statistics
show a considerable number of people attempting to illegally cross the border or returning
from countries where they have migrated illegally.
KSHH considers the legal framework is still with the problems regarding Albanian
emigrants and returned persons, as well as infrastructure and level of training of border
police officers and immigration still needs to be improved. KSHH finds communication
problems in terms of relevant state structures at regional level with central one.
V. POLITICAL RIGHTS
Elections and political participation

On June 28 were held elections for the Assembly of Albania, which, according to reports
of OSCE / ODIHR and other international commissions and local observers reports marked
progress in some areas, however, have noted the important drawbacks and violations.
20
Civil Society Development Center - Durrës
21
European Movement in Albania
Annual Report 2009
The political situation in which 28 June 2009 elections were held was preceded by political
developments that, in general, were characterized by expression of consensus between the
two main political forces, the PD22 of PS23 to draft the necessary legal framework.
Result of this consensus was the adoption of constitutional amendments and the drafting of
the Electoral Code, which, regardless, the representation of all political forces members of
parliament, was dominated in its decision by consensus PD-PS, bypassing reaction of small
political parties, which culminated with the response of the hunger strike by members of
LSI24, PDK25, who sought political representation voting in committees that will manage
the election process
Election administration was entirely political. Was evidenced unachieved level of
professional preparation of the electoral administration of the second and third level, due,
partly, to insufficiency of time for their training.
During the campaign, products broadcast in media, in most cases, were conducted entirely
by political forces, dominated by the races of the political leadership.
Pursuant to Section 146 of the Electoral Code of Republic, the Electoral College of the
Court of Appeal was formed with 8 judges, chosen by lot and that accepted by all political
parties. As the highest decision making body, the Electoral College acknowledged and
reviewed all you complaints addressed.
Despite this, declarations from it as unfounded in law of requests for reassessment and / or
recount of votes in some districts of the Berat, Tirana and Shkodra, and not judgment of
the legal validity of the request of two members of the KQZ26 to access the evidences
during the administrative review of the KQZ complaints was addressed by the PS as a fact
of its resistless of political pressure exerted on the institution.
For this election campaign the parties did not signed, together the Code of Ethics,
regardless of declarations that the campaign and all their commitments would be a free and
fair electoral process.
Despite this, KVV27, KRIIK28 and SHKD29 report cases that not confirmed this position.
There were repeated instances where, contrary to the Code and the requirements of
international documents (Section 5.4 of the Copenhagen Document of the OSCE), the
official state activities were used for campaign purposes. Employees of public institutions,
ministries, municipalities, teachers, students (including minors), etc.., were used by the two
major political forces to take part in their activities, as in Fier, Korça, Vlora, Tirana,
Shkodër, Elbasan, Shijak, Durrës, etc. Public administration sources as cars, official
buildings etc.., were used by the PD, for campaign purposes. Likewise, the opposition
reported the phenomenon of pressure on voters to job losses in the event of they were not
ranked at majority governing side.
According to KPM, there were cases in the north of the country where the commissioners
have been threatened, bought, or has been shaking for families prior sworn statement of the
vote in individual, family and clan.
Women
June 2009 elections were a new opportunity for the movement of women in Albania, in
terms of achieving its objectives: increasing the participation of women in decision
making.
22
Democratic Party of Albania
23
Socialist Party of Albania
24
Socialist Movement for Integration
25
Democristian Party of Albania
26
Central Elections Commission
27
Domestic Observers Coalition
28
KRIIK Albnia Association
29
Society for Democratic Culture
Annual Report 2009
Setting the quota of 30% in the Electoral Code was an important progress, which in these
elections resulted in an increase from 7.1 percent to 16.4 percent of women representation
in the Assembly of Albania.
But progress is insufficient, given that there were spaces to achieve the target of 30%.
Political parties showed unwillingness to fulfill this goal. In general, they, and especially
the two major parties, used the clause "and/or" of Article 47, Section 5 of the Electoral
Code, to disadvantage women. Although the Central Election Commission worked to
prevent political parties to break the law, however, allowed them to artificially add to the
bottom of the list the name of a woman candidate simply to meet legal obligations.
In about 60% of party lists approved by the KQZ, the completeness of gender
representation quota of 30% was not achieved, 19% failed to meet the requirement lists for
the other gender representation in three positions. Only 43% of the lists with two criteria
set out in the Electoral Code were completed.
Although the media during the campaign gave greater space to both major parties and,
therefore, their women candidates, civil society actors and international organizations
interviewed for this report aims assess that the media, in general, gave space to women
candidates.
Two of KQZ members are women and one KQZ deputy is a woman.
Electoral Code provides for the participation of girls and women in electoral commissions
in the quote at least 30%. This provision was not agreed to meet, especially by two major
parties. Observance of this requirement on the composition of KZAZ was not carried out
particularly by the PS. However, the KQZ approved the committees, being justified with
insufficient time to complete their tasks in preparing the elections.
KVV observers report that at about 56% of the polling stations commissions, of which
86% in urban areas, participation of women and girls was in line with the requirements of
Election Code. In rural areas only 11% of surveyed centers had 3-4 women / girls.
In relation with the exercise of the right to vote, secret and direct from the women and / or
girls, KVV observers identified instances where voters were openly recommended by their
relatives for which alternative to vote. They were accompanied during the voting in the
secret room without being objectively necessary, and / or required by the relatives to vote
in their name. Most often these cases were monitored in peripheral urban areas and rural
areas, or in those with low socio-economic development, as in the District of Mirdita,
Peshkopi, Lezha, Gramsh, Tepelena etc.
Inclusion of women and girls in the process of election observation marked a qualitative
development. About 60 percent of engaged observers of organizations participating in
monitoring the elections were women and / or girls.
Minorities
Political representatives of minority communities, generally, during the election process
were targeted to be used by political parties and their participation in the process was
considerable, given that according to estimates it was favored by electoral system choice.
On the other hand, their political representation was small and almost negligible.
Voters with disabilities

FSHDPAK30 and KVV declare that, in the Parliamentary Elections of 28 June 2009, was
denied the right to vote to persons with disabilities in Albania, due to barriers faced by
persons with disabilities (PWD) as non provision with card identity (inability to get to the
inadequate card application centers; impossibility to go to the polls (voting centers or the
way to go there was inadequate and lacked legal alternatives to voting outside the polling
station).
30
Albanian Disability Rights Foundation
Annual Report 2009
According to FSHDPAK, in polls it observed in Tirana, only 33% of them were suited to
access by disabled voters. Meanwhile, converted special rooms for use by persons with
disabilities, wheelchairs users were missing in 98% of centers surveyed.
Another concern was found in terms of discrimination to persons with disabilities to their
right to full recognition of the electoral process and equal participation in the vote, due to
lack of legal framework and administrative measures for the establishment of interpreter
service of sign language for voters with hearing disabilities, the creation of facilities for
providing appropriate election information for voters with mental disabilities eligible to
vote.
Participation in environmental decision-making processes

Arhus Convention, which is called the Convention of environmental democracy, give
people the right to be informed and participate actively in decision making related to
investments which have an impact on the environment. Forced to open the door to a greater
participation of the public on environmental issues, to implement in practice the freedoms
and basic human rights, the Convention is seen as an important instrument of international
civil and political character.
Albania has signed this Convention in 2000, but, according QSHDNJ and IRNSH31 yet
there is no law that directly relates to the obligations that the state has on citizens rights to
be informed and participate in environmental decision making. They are touched on
environmental law and those related to Environmental Impact Assessment (EIA). Recently
was approved a decision and an order of the minister for public participation in the process
of informing and consulting activities with impact on the environment (Decision no. 994,
dated 02.07.2008 "On the withdrawal of public opinion on environmental decision-
making" and Ministerial Instruction no. 1, in March 2009 on the duties of environmental
authorities to ensure public participation and environmental NGOs in the process of
environmental impact assessment").
IRNSH finds that, despite laws that have not yet been completed and in some cases
unclear, in practice it remains difficult getting information. At the Ministry of
Environment, Forests and Water Administration was established, with the support of the
OSCE, an office for information, but in many cases it is powerless to convey the
information properly. IRNSH reports the case of the project for Thermo-power plant at
Porto Romano and Ashtës hydropower, environment impact assessment report on which
has been almost impossible to get from to the participants. The same can be said for
investments made for cement factories and those build at the coast. There is system not at
all transparent and open to the public that could provide information to interested entities,
causing wasteful meanders or giving flimsy information, verbal and incorrect, not based on
proper examination of documents.
Decision-making processes related to the environment were not influenced by the opinion
of communities or NGOs, but on political orders that fail to take into consideration the
right to express the opinion of the people of the region and beyond in the process.
In the environmental field, in the last 10 years, has started to come out on the role and
participation of NGOs in mobilizing communities by facilitating the dissemination of
information needed and raised voices to respect fundamental rights and sanctioned by the
national and international laws, but according IRNSH, it must be admitted that this
movement has not enough freedom of expression to accomplish the mission objective of
respecting the rights of public environmental and development projects undertaken by state
actors.
VI. DISCRIMINATION, SOCIAL ABUSES, TRAFFICKING OF HUMAN BEINGS

31
Institute for the Preservation of Nature in Albania
Annual Report 2009
Discrimination due to gender, physical and health status, race, sexual orientation, because
of political beliefs, or philosophical, because of age, family or marital status, location, etc..,
result widespread, that is why taking legal measures against this direction is a must,
emphasize in their findings QSHDNJ and KSHH.
The Parliament should pass the bill review procedures developed by civil society and
signed by 28 members of parliament, regarding non discrimination. Housing, employment,
education, social benefits and health services, registration of children and the conditions of
infrastructure in areas with concentration of the Roma minority and the Egyptian
community, remain problematic, their participation in local and central government
continues to be at low levels, states in its reports KSHH.
Domestic violence
Law and its implementation
Domestic violence continues to be problematic. Organizations determine that the effective
implementation in practice of law No. 9669 dated 18.12.2006 "On measures against
violence in family relations" has encountered many difficulties as the main responsible
authorities have not taken over their legal obligations. QDNJD determines failure of the
legal obligations to establish the necessary capacity to provide medical assistance on
domestic violence for workers in health centers.
Concern remains the lack of fulfillment of the relevant medical records for cases of
domestic violence by health centers, although there is an order of the Ministry of Health,
on the basis of which any case of domestic violence should be recorded on special
documents Register and medical card that is individual for victims of domestic violence.
As a result of lack of documentation, the victim of domestic violence are not provided with
appropriate medical report, which will serve as evidence in court to issue an order of
protection, making it difficult to issue such an order by the court.
Also, by the findings of QDNJD, in the absence of knowledge of the law, Health Centers
do not refer and orientate the victim to other support services and protection from domestic
violence, as can be: police departments, Local Government Units or NGOs.
In the framework of this Law, Local Government Units are also responsible line
institutions charged with specific tasks, however, QDNJD reports lack of commitment of
these units to create special structures, such as social and rehabilitation centers for victims
and violators, the structures of social services for domestic violence cases, which have not
yet been filed.
Within this law the Ministry of Justice should provide free legal protection for victims of
domestic violence by providing a number of trained lawyers, the obligation which has not
yet been met. According to QDNJD, under no circumstances the victims of domestic
violence were not protected by attorney assigned mainly by the procedures.
Another obstacle for non enforcement of the law is not functioning of the Law No. 10039,
dated 22.12.2008 "On legal aid” which will guarantee legal protection for free to victims
of domestic violence.
Ministry of Education and Science is also charged by law with the task to design the
curriculum for high schools and secondary schools, for the preparation of textbooks and
other materials to educate pupils and students with thoughts on stopping domestic
violence, obligations which are not yet met.
In terms of well-defined tasks of the Ministry of Interior and Police Commissariats, under
this law, problematic appears the failure of the criminal proceedings against the authors
(violators) who violate orders of protection, under Article 320 of the Criminal Code for
"Prevention in execution of court decisions”, leading to escalation of violence in the worst
shape and worsening the situation of victims of domestic violence.
Annual Report 2009
By monitoring over 400 court decisions QNLQ32 noticed a continued improvement in

judgments of the Court of First Instance, Tirana, to issue Defense and Immediate of
Defense orders. The center found a better functioning of the police-court system and
believes the significant increase in the number of claims before the Court, inter alia, linked
with increased confidence of citizens towards the professionalism and commitment of
these bodies. However, the Court should analyze the fact, why of all claims submitted,
subject to monitoring, the trial was stopped at 73.43% of cases.
According to QDNJD, many cases are closed by the court not only as a result of the
statement issued by party plaintiff to leave the trial, but also for other reasons, which are
mainly related to handling of the issue by the judges, who, for lack of a unified and
practical use of their discretion, stop a number of cases (especially immediate confirmation
of orders of protection) in unjustified way.
Courts, in some cases violate the procedural deadlines set for the start of judicial review
and adjudication of cases the decision for issuing protection orders or immediate protection
orders. Cases not judged within a reasonable time, despite the immediate nature they
represent.
Courts have the duty within 24 hours after issuance of the order of protection or defense
command prompt to send a copy of the decision to the victim, the police commissariat,
social services office to local entities, but this obligation, according to monitoring done by
QDNJD is not met in all cases by creating problems in the execution of these decisions.
QDNJD reports that, in most cases, victims of domestic violence are women, but there are
also cases of men abused mainly by children but also from spouses.
In violence exercised, physical violence is prevalent, coupled with psychological violence,
but economic violence is not absent as well, which is expressed mainly by allowing for
joint owned apartment or family income.
Violence is present in all categories, regardless of educational level, although most cases
addressed to victims with 8-year education.
Problematic remain cases when parents use physical and psychological violence against
their minor children, in some cases by denied them the right to be educated.
QDNJD determines the unemployment and economic difficulty is seen as one of the main
reasons for the exercise of domestic violence.
Lack of shelters for victims of domestic violence is a major problem and requires an
immediate solution, as victims of domestic violence, in many cases, are forced to leave
their apartment, due to extreme violence exercise on them. These victims, often along with
their minor children, do not have a place to be accommodated. For this reason is needed
the creation of shelters for accommodation and treatment of victims of domestic violence
in a shortest possible time.
Women
Violence against women occurs in all forms and in all social classes, regardless of
education, economic status or cultural identity.
Violence against women is a phenomenon that is associated with numerous problems in
terms of mental health, social, economic, etc. NDGSH33 reports of serious health cases as a
result of violence exercised. According to NDGSH, girls and women who reported that
they are victims of domestic violence in most parts have a very low level of economic
income, low education and come from rural areas.
In socio-economic aspect these victims are isolated from the social environment and in
most cases unemployed. This is further deepened in small districts in the country as Puka,
etc..
32
Center for Legal Civic Initiatives
33
Useful to Albanian Women Association
Annual Report 2009
Most of the cases treated by this association centers in some cities, women and girls are
traumatized as a result of long time abuse.
Awareness of society about violence against women has positive effects in its
denunciation. According to SHGK34, in Korça, from 30 cases that have sought protection
order in 2008, this number has gone in 75 cases in 2009.
NDGSH reports that, by monitoring the print media during 2009, that Albanian media has
yet a lot to be done to give the necessary space and to address the right dimension of
appropriate gender policies.
Children
Protection from abuse and maltreatment
The situation of children in Albania has improved in terms of recommendations made, but
still needs institutional coordination between actors involved in this issue and, especially,
should be much more willing to the final fulfillment of obligations towards respect for
children's rights.
CRCA35 and UNICEF promoted the preparation of draft law "On Protection of Children
from abuse, neglect and exploitation", which was later discussed in a series of public
debates with government and civil society. For the first time in Albania is provided the
prohibition of child corporal punishment and any other form of violence or exploitation,
the bill expected to be passed in parliament soon.
Meanwhile, the draft Framework for the Rights of the Child, an initiative led by the
Ministry of Labor, Social Affairs and Equal Opportunities and supported by UNICEF has
not yet been approved by the Assembly of Albania, although the first draft bill was
presented state institutions and civil society in March 2009.
Justice for Juveniles

Despite the improvements identified in the legislation, it still should be completed in terms
of management and referral of juveniles under the age of 14. CRCA determines that
remains the problem of determination investigation rules and discipline, as well as delays
in delivering justice for juveniles, especially for juveniles condemned for the first time.
Also, there is a vacuum in legislation for immediate psycho-social support.
Services in child protection

Economic improvement and changes in social structure in Albania not brought the
expected positive impact on the protection of children. Although children and young
people comprise one of the largest groups of society, public attention and adequate funding
are not focused enough on their care, protection, education and issues related to them.
CRCA notes the reference system to coordinate all services provided for children and non-
governmental institutions is not yet a reality, while this year marked the establishment of
the National Telephone Line for Children (116), an initiative of UNICEF-Albania and
CRCA.
Unregistered children in Civil Register

BKTF36 notes the high number of unregistered children in the estate is still a major concern
for Albania. Many children in the country do not register because born out of health
centers and, consequently, not equipped with the birth certificate; incorrect statement of the
identity of the parents; economic inability to follow court proceedings in cases where time
limits envisaged in the law are not respected; parents unawareness on the importance of
registering children and improper registration scheme, which is unable to manage the
34
Korça Woman Association
35
Children’s Human Rights Centre in Albania
36
BKTF Coalition - All Together Against Child Trafficking
Annual Report 2009
problems posed by internal migration and other phenomena. Although there is no official
statistics the number of unregistered children, the number of reported BKTF is about 400.
Registration of children can become very complicated in cases where should be applied the
legal system of two or more states.
Registration of children from Roma community is still a very problematic issue, bringing
as a consequence the exclusion of Roma children and their families from all rights, such as
education, health and economic support schemes.
Care for children who leave the "House of the Child"

The situation of children who leave public residential institutions (orphanages) is still an
unresolved issue in Albania. Children leave these institutions in young age, and later sent
to school only if there are free spaces in schools with boarding. BKTF reports that most
children who grow up in the child's home have low level of education. A part of them
leave school or fail intentionally to repeat the year and to postpone their departure from
school. Children living in public boarding schools are often stigmatized, live in poverty,
have no free access to health services and not have any support for housing after the age of
18. There is no specific policy to support children without care, even for those in the age of
14. For this category of children there is no other service, after they leave public care
institutions. There is no care for their education, employment, or housing. This lack of
comprehensive support services and any particular structure to further care for youngest
and children results in many negative consequences: unemployment, lack of housing and
sensitivity to abuse, while, according to National Law "On status of Orphans" Law No.
8153 dated 31/10/1996, children who have orphan status are entitled to some support, as
financial payments, scholarships and free access to other basic services.
According to QSHPLI37 access to the right to education is problematic and discriminatory
against Roma children who are not accepted in schools because of lack of birth certificate
or vaccination card, which is the legal criterion. With regard to children with disabilities
are not yet prepared the respective by-laws by the Ministry of Education and Science to
enable the physical infrastructure in schools, meanwhile, teachers do not have enough time
and specialization to follow them. Legal address in the education legislation on the
phenomenon of discrimination, racism and segregation in schools against children of color
communities is lacking.
Persons belonging to national minorities are guaranteed the right to learn in their mother
tongue in terms of compulsory education, but the state has not carried out this obligation.
QPSHLI notes that the state has not supported the printing and free ABC book in Roma
language or for the Greek minority, as a minimum standard of this right.
QSHPLI reports of legislation on primary care health services does not provide access for
all children - especially for unregistered children, children with disabilities and, what is
more disturbing, these services conditional on the mother's involvement in social security
scheme.
Revenge and blood-deud phenomenon remain problematic and the failure of the Albanian
state to guarantee the life of persons, especially children who are forced to stay closed at
home and deprived of all basic rights.
The organizations emphasized the fact of not differentiated treatment of minors in
detention facilities, placing them in the same cell with other detainees bringing cases of
abuse or mistreatment not only by workers at the stations but also by separate detainees.
Labor Code guarantees special protection to children by banning the hiring of minors
under 16 years old, but this ban can not be applied by minors no less than 14 years old
37
Center of Integrated Legal Services and Practices
Annual Report 2009
during school holidays. Also in the provisions of this Code, it is provided a reduction of
working hours for minors under 18 years old, up to 6 hours per day.
The QAP / NDGSH38 reported that children who work full time or residents in the street
can be: totally abandoned children, children who live with relatives, who can care for them
or children who live without any connection with community.
This center highlights that in these categories, children of Roma and Egyptian community
are most discriminated in terms of jobs they do, opportunities for education or other rights.
QAP raises its concern for the category of those children who are called "children working
in the street, who beg at traffic lights junction, bars, sell packages, phone cards, etc..,
abandoning school.
The statistics reported by the QAP, about 40% of employed children, have only temporary
work or casual, which are mainly heavy work as bricklayer, construction workers, shoe
manufacturing and confectioner, guards, etc. ambulant vendors., by working mainly in
black.
According to SHJD39, situation of children who have their relatives as carers, after losing
one or both parents remains very worrying. Some of them do not receive family pensions
as their parents were not at work.
SHJD reports for families with orphaned children coming mainly from the north, in the
suburban areas of Tirana and Durres, who have no chance and are in difficult economic
situation.

The phenomenon of trafficking has not yet disappeared. According to QPSV40, the
Albanian state, in all these years, has tried by drafting the National Anti Traffic Strategies,
has set up special facilities in each District Police Office, has adopted strong laws to
convict traffickers and protectors, however, these measures yielded no appropriate effects
due to not properly implementation, and because of poor infliction that the state has done,
especially in terms of capturing and sentencing of criminals who maintain alive this
phenomenon.
Law institutions of have failed in this struggle, by turning to invalid proceedings made
dozens of victims at the expense of their users. Not placement of traffickers before law and
not punishment of them by these institutions has caused lost of confidence of victims to
justice, while rooting to those fears to break from the protectors and the trafficking
networks.
Lack of defense counsel to victims of trafficking and their protection from state
prosecutors, has caused numerous problems and difficulties due to prejudice that they have
for the victims of this traffic, making the trials not serious and extended without end in
years.
Witness Protection Law has been adopted since years, it was even further improved, but as
QPSV states no trafficked victim has not benefited from this law.
Even anti-trafficking Regional Committees, set up and attached to the prefectures in each
district, result having no specific function.
QPSV also finds as troubling problem not the correct identification of trafficking victims
by police officers, as a result of frequent changing of police officers who work with human
trafficking, replacing them with officers without training, and lack of social workers at
border points to make the identification of victims, making almost impossible real
evaluation of the phenomenon and its trend.
38
a project of Useful to Albanian Women Association
39
Orphan’s Association – Durrës
40
“Vatra” Psycho-Social Center
Annual Report 2009
Although police of different European states, and particularly that of Greece, turn almost
every day a considerable number of clandestine, among them women and girls, Albanian
police leaves them free at the border without identifying them and placing in the group of
persons crossing the border illegally, this due to the fact that not one of them is
accompanied by regular identification documents.
QPSV estimates that, even with the drafting and adoption of strategies from the first
strategy in 2001 and last one of 2008-2010, MPÇSSHB was not able to implement the
realization of several important objectives that have to do with improving the life victims
of human trafficking, or long-term programs and projects for their employment and
housing.
In this situation, QPSV determines that actually the phenomenon of human trafficking in
Albania is presented in its two main forms: foreign trafficking, which is identified with the
use of the victims outside the borders of Albania, which really is being alleviated, as well
as internal trafficking identified with the use victims in daily prostitution in major cities of
the country, which results in growth.
Internal trafficking phenomenon constitutes one of the main chains of human trafficking,
for the fact that it works equally in all of its key elements (such as Recruiters, carriers,
host, source areas, ways of recruitment, protector, clients, etc..) with the only difference,
that this phenomenon takes place within the country, as long as the traffickers are enable to
transition the victim abroad.
In its findings, QPSV draws attention of the Ministry of Interior and State Police on
considering internal trafficking as daily prostitution "willing" or "voluntary", by assessing
this phenomenon as a lower risk and, consequently, not penalizing all those involved in
trafficking, but only its victims, because it considers this an ordinary phenomenon of
community life.
QPSV also raises concern about the dangerousness of the spread of STIs by the
uncontrolled exercise of prostitution, as well as institutions and community awareness to
the vulnerability of people with mental health problems, who become prey to recruitment
and exploitation by traffickers, which often is followed by undesired pregnancies and
births.

FSHDPAK reports that, currently, in Albania are 94.804 persons with disabilities (PWD).
OBSH41 refers that people with disabilities in developing countries make up 7 - 10% of the
population. Persons with disabilities, primarily those who live in developing countries are
the poorest category of society. Most of them are dependent on family and relatives to
ensure survival. Meanwhile, people with physical disabilities can move and be
economically independent, but in most cases it is impossible for them to do it as a result of
lack of support services as well as equipping them with wheel-chairs.
Although people with disabilities are significant as consumers, producers, taxpayers,
beneficiaries and citizens, they are still excluded in providing their input in decision-
making and country’s economic and social development.
From a survey conducted by FSHDPAK on implementation of action plan of the National
Strategy for persons with disabilities, came out that almost half of them are directly
affected by lack of access and mitigating technology in infrastructure, home, work,
entertainment facilities and communication. The foundation finds a poor state of health and
social services towards this category, emphasizing the insufficient work done in the field of
prevention and early identification, as well as in the field of employment and vocational
training.
41
World Health Organization
Annual Report 2009
But according to this survey, persons with disabilities and their families, in overwhelming
measure, feel that they are not treated as equals in Albanian society, they even think that
are not considered partners in decision-making in daily care centers or residential in
municipal, commune, district or country level.
The rights of women with disabilities

FSHDPAK determines that although there is progress towards improving the legal
framework that promotes gender equality and inclusion of persons with disabilities, women
and girls with disabilities in Albania still have not found their place in any of the Albanian
Government policy documents in the field of gender equality and disability. Strategies that
promote gender equality laws treat the woman with disabilities not as equals with other
women. Women with disabilities are seen as an inactive category, which should only
benefit from social services and allocated payments for disability. Women with disabilities
are not addressed specifically in any of the areas that promote strengthening their decision-
making, health and employment services tailored to them, or economic empowerment.
Women with disabilities are left out of benefit services for all, as they are planned in
accordance with their specific needs.
Foundation states that there is a lack of statistics for women with disabilities in areas such
as employment, education and vocational training, community involvement and services.
National statistics are fragmentary, not exist for all types of disability, by not giving the
opportunity to judge on the total number of women and girls with disabilities, their current
situation, the needs they have.
FSHDPAK identifies that woman with disabilities is not part of the national reports
obliged to report on the implementation of the Convention on the Elimination of All Forms
of Discrimination Against Women, by so not implementing one of recommendations of
this convention.
Also, the National Strategy of persons with disabilities is completely insensitive to the
concept of a gender perspective, as women with disabilities are invisible there and on the
reports monitoring its implementation.
All laws and strategies for persons with disabilities have not included a gender perspective
component. There is no attempt to incorporate problems of women with disabilities in
horizontal policies where gender equality tends to be included.
Women with disabilities have their voice in the drafting of government documents, such as
for gender equality as well as for disability. They are not directly represented by
specialized organizations on disability or gender equality.
According FSHDPAK, low awareness at the central and local level for their rights as
women and as persons with disabilities, inadequate environment, lack of basic ancillary
services, and insufficient self evaluation and organization of women with disabilities
women are some of the factors that have influenced not to include women with disabilities
in policy documents of the Albanian Government for women and disability.
The rights to quality services for persons with disabilities

Despite there are no flagrant violations of human rights to individuals in residential and
daily centers yet they are not properly guaranteed, notices FSHDPAK in its study
conducted on the Implementation of Standards of Social Services for PWD in Residential
and Daily Centers, which highlights some problems that place these individuals in
disadvantage compared to other groups of society.
In order that this category enjoy civil, political, social, economic and cultural as all other
individuals who are not disabled and are protected from any form of abuse or maltreatment
many needs should be fulfilled.
Annual Report 2009
Meanwhile, according to a study conducted by TLAS and analysis of legislation for

protection of persons with disabilities, were encountered some problems like financial
treatment of persons with disabilities, who under existing law is done not starting from
their potential for realization of normal life and social functions, but by their ability to
work. As a result, evaluation and disclosure as incapable is made by Medical Commission
for Defining the Ability to Work. The measure of disability benefit payment is not
differentiated depending on the costs that depend on the degree of disability of the person.
Excluded from eligibility of disability benefit payment are disabled persons who have the
opportunity to be hired.
TLAS determines that many persons with disabilities do not enjoy their rights, while the
opportunities for abuse and corruption of the structures that determine the inability of these
persons are uncontrolled.
The mentally disabled

Albanian legislation provides a special legal framework for mentally ill persons, this is
materialized in law no. 8092, dated 21.03.1996 "On Mental Health, which inter alia in
Article 1 and 2 is set of “mental health protection provided by structures of state
administration and public and private institutions designated for this purpose through the
provision of health care and a suitable social environment for the mentally disabled, and
through the pursuit of a preventive policy for mental health”.
According QDNJD, despite the existence of a legal framework for special treatment of
persons with mental disorders, in practice it is not applied, especially in remote areas of the
country.
According to this center, the mentally ill are not regularly treated with medications and
accommodation is not offered in specialized centers, even the lack of residential centers for
medical and social care to the mentally ill is one of the biggest problems in dealing with
this part of society, leading to other serious consequences such as violence in family
relations exercised by the people of this category, cases that remain without any concrete
solution.
Meanwhile, the law itself leaves room for significant uncertainty, which, according
QSHZHSHM42, can lead to abuse and violation of the rights of service users or their
families such as: improvidence by law the rights of patients during the period of
hospitalization; improvidence of specific measures about the treatment of children with
mental health problems; improvidence of specific preventive measures to degrading and
inhuman treatment that can be made for persons with mental illness (as use of
electroshock, sterilization, etc.);
QSHZHSHM also finds missing of instruments (special structures) to monitor the rights of
persons with mental illness in services, community and institutions, creating room for
abuse and misleading cases or issues in a properly legal way.
According QSHZHSHM, the media often report rashly, unethical and senseless on issues
related to mental health.
Severe cases were found and shown in the media in November, where people with mental
disorders were kept chained because of their health status, regardless of Article 27 of the
Constitution which stipulates that "Nobody may be deprived of liberty except in cases and
under procedures prescribed by law ".

In the Republic of Albania, according to KSHH, GSHDNJ and QSHDNJ several minorities
live, Greek, Serb-Montenegrin, Macedonian, Bosnian, Roma, Vlach and Egyptian.
42
Albanian Development Center for Mental Health
Annual Report 2009
Albania's Constitution provides for the preservation and teaching of mother tongue for
minorities.
There is no accurate data of the last official number of these minorities, in addition to
official census figures of 1989, while, according to these minority organizations, is
necessary and even the Albanian state is required to be done as soon as registration
population and where to declare, among other nationality and religion.
In the Albanian government only Greek minority is represented by a minister, while the
local government has minority members through municipal councils as acceding to various
political forces and not as direct representatives of minority representation bodies.
Upon the organizations of minority communities, with drafting of the new electoral
code in 2008, was immensely difficult the possibility of minority representation in
Parliament, as direct regional proportional electoral system do not favors them.
The Albanian State has established the State Committee for Minorities as Albanian
government advisory body which consists of five members, a member of each officially
recognized minority (ethnic ones: Greek, Macedonian, Montenegrin and Serbian or
language: Vlach and Roma). KSHM43 role is limited until his status is also limited to
advisory and not at the executive.
The Albanian state has not ratified the Charter for Regional or Minority languages. All
minority organizations, in cooperation with the State Committee for Minorities, have
requested that the consultation to be undertaken as soon as possible for its provisions and
provisions that are left, under the Convention, up to various governments to select, with
minority organizations in order to sign and then to ratify it by Albania.
Serbo-Montenegrin minority
Serbo-Montenegrin minority lies mainly in the north of the country.
SHPKSMMR44 notes that the right of preservation and teaching native language for
Serbian-Montenegrin minority is not guaranteed. According to this association there are no
preschool institutions, primary education, secondary or higher which perform some form
of instruction in Serbian language, or teach the history, culture, geography and other issues
of native states.
Members of Serb-Montenegrin minority have submitted several requests for opening here
of schools in areas where resides a considerable number of minorities.
The request was denied, because after verification of the Ministry of Education has
concluded that there are no children with Serbian or Montenegrin nationality in civil
offices.
According to SHPKSMMR this happens because, constrained from the former communist
regime, many members of this minority have changed nationality in civil situations,
therefore the general population census of 1989 (which contains data on nationality), is
considered by them as incorrect which does not contain the real situation of the number of
minorities as an instrument to implement policies against them.
SHPKSMMR also notes the lack of media in minority native language Serb-Montenegrin
or Serbian-language broadcasts, as in print media or visual media.
Even in cases of xenophobic news or articles in print or visual media, access and media
space that was provided to oppose them as individuals or as an organization is small.
Association stresses the possibility of limited national public media or electronic written to
present problems of this minority, and again put out the lack of producers in minority
languages, especially the TVSH45 and other national media.
43
The State Minority Committee
44
Association of Serbian-Montenegrin Ethnic Minority “Moraça-Rozafa”
45
Albanian State Television
Annual Report 2009
Macedonian Minority
According to OSHPDP46 there are no emissions in minority languages in public and private
radio and television. Also, the organization emphasizes the lack of funds that can be
managed by KSHM to help minority associations for different development projects and
preservation of traditions, etc..
OSHPDP expressed concern about the inability of native language instruction for children
in areas of Golloborde Gore, where there are members of the Macedonian minority.
OSHPDP still stresses the very limited number of minority appointees in public
administration.
Roma minority
Under the Strategy for the Improvement of Living Conditions of the Roma community, the
community is considered as a language minority. Under the Framework Convention for the
Protection of the Rights of National Minorities, persons belonging to national minorities
can exercise and enjoy rights and freedoms that come from the principles set forth in this
framework Convention either individually as well as in community with others .
TLAS finds living conditions of the Roma community as very difficult and still very
minimum efforts are made to integrate this community in Albanian society, noting that,
currently, forecasts of the Strategy have remained on paper and their implementation is
progressing by very slow leaps. In addition some state bodies and committees that are
designed to integrate this community in Albanian society, targets set in international
documents, even the Albanian government itself, as a condition for EU integration, are
very far from what is expected.
According TLAS, the biggest concern is still the large number of children, even adults,
unregistered, after birth, at civil status offices. Roma are not identified in housing offices,
employment offices, have no address, are not insured, no free health service benefit, do not
attend schools, etc..
Although much has been made by NGOs in this regard, state and budgetary concrete
intervention remains very limited.
This community due to extreme poverty does not enjoy fundamental human rights, not to
mention schooling and education of children, or other dangers threatening them as
trafficking, exploitation, forced or hard labor, forced begging, violence, abuse or
kidnapping.
TLAS has identified that poor Roma families are excluded from the scheme of economic
and social assistance, due to some constraints provided in existing bylaws.
Vlach minority
According to SHKASH47 and SHKVSH48, the Vlach minority has no right to teach the
Vlach language.
But according to them, is actually quite difficult to express freely their thoughts and
aspirations about the Vlach minority, as in state and private televisions also in central
newspapers media.

People living with HIV / AIDS
Albania is considered as a country with low spreading HIV infection. Infected persons in
most cases are discriminated in various ways reports SHPLHWA49, bringing to the
46
“Drushtvo Prespa” Association
47
Cultural Association “Arumunët e Shqipërisë”
48
Cultural Association “Armanji di Albania”
49
Albanian Association for People Living with HIV/AIDS
Annual Report 2009
attention the case of a HIV positive child, whose exclusion was requested by the head of
the preschool institution (nursery).
A big problem, notes in its reports SHPLHWA, which accompanies persons living with
HIV / AIDS are social problems such as stigma, discrimination, exclusion, slander, etc.,
that these people suffer from society, for fear of the unknown and lack of information of
the latter.
People who live with HIV / AIDS are stigmatized, as well as in other countries, at different
levels in Albania, which is expressed through social isolation, personal denial, direct and
indirect discrimination and the lack of laws implemented efficiently, as only defense
mechanisms to guarantee basic human rights for persons living with HIV and AIDS.
Although during recent years positive steps were made in terms of treatment and health
care of persons living with HIV / AIDS, in general, and HIV positive children, due to
pressure from interest groups, these trends are affected by continued problems of non
regular management of the problem of antiretroviral drugs at the UHCT "Mother Theresa"
in Tirana and, mainly, the division of Pediatric Infectious Disease, reports SHPLWHA.
The number of children infected with HIV has undergone a dramatic increase in the last
four years stresses SHPLWHA.
Furthermore, it notices that to the very serious social situation of HIV positive
children, their stigmatization and discrimination from community, are being added to the
irresponsibility of state institutions, responsible for handling, health care and their social
welfare.
SHPLWHA notices that media not only do not devote appropriate attention to the
importance of citizen awareness and information on HIV / AIDS, but, in some cases,
journalists invent for propaganda purposes or as a journalistic scoops, stories or fairytale
events for persons with HIV. Also, SHPLWHA expresses concern for the violation of right
of privacy in all forms for these people, as they are presented in their full names, family
names, age of children, and the school where they learn, detailed family history and
photographs of family members.
Children living with HIV and AIDS face every day stigmatization and
discrimination forms because of their health status by society, public, education and health
institutions.
Due to very low levels of education and information in the field of HIV / AIDS, not only in
the community as a whole, but also at the level of educators, teachers and other staff of the
educational system, are found stigmatization cases, discrimination and the refusal of
children living with HIV and AIDS in the attendance of these institutions and in denial of
the right to be educated in them because of their health status of HIV positive.
Raising its concern about the lack of mechanisms for monitoring and ensuring respect for
the rights of HIV positive persons, SHPLWHA determines the most flagrant cases of
violation of the rights of these persons, especially children, as:
− Lack of confidentiality or declaration of test results without the consent of the
person;
− Difficulties in their social integration, education and their profession;
− Expulsion from work because of their health status (the case of educator in
kindergarten);
− To be abandoned, unemployed and homeless - living in the premises of the hospital
for months while dying;
− There are occasional shortages of ARV drugs for children;
− Lack of free distribution of drugs for opportunistic infections, reflecting problems
in monitoring and diagnosis of opportunistic infections, while this right is
guaranteed by law;
− No institutionalized action for providing law enforcement response to
discrimination (including labor relations);
Annual Report 2009
− Total lack of care at home, soothing care and other components of care;
− Expulsion from the owners of houses or renting apartments because of their HIV
positive status;
− Discrimination in the workplace, health services, in education, in relation to HIV
has been great since the beginning of the phenomenon.
− Lack of clear programs and actions to determine the needs that exist in children and
orphans as the lack of commitments to determine issues relating to gender balance;
Sexual Minorities
Rapid adoption by the Assembly of Albania of the Law on Protection from Discrimination
will pave the way to the commitment of state institutions responsible for protecting and
promoting the rights of LGBT50 community (sexual minorities such as lesbian, gay,
bisexual and trans-gender (or gender-changed)) in Albania, so its rapid adoption is
extremely important.
CRCA notes that there was no campaign initiated by the Albanian government institutions
on society awareness of LGBT rights.
The International Day against Homophobia, on May 17, 24 NGOs sent to high
representatives of state institutions, an open letter to seek measures to eliminate
homophobia in Albania.

The rights of workers in the private sector remain vulnerable, especially in the informal
economy, as long as there are no effective mechanisms of control or pressure to sanction
the rights under the Labor Code and applicable laws.
RSL raises concern found by many other NGOs in field investigation or various surveys
about neglect of the right to social security, weekly hours of work, different levels of
wages for equal work, the exercise of the right for days, incorrect working contracts, black
market labor, etc.
Giving the right of employment in the administration continues to be a right risked by
political beliefs that the employee reflects.

The use of children for work
The use of children for work, for the benefit of, especially, for begging has been and
continues to be an obvious problem.
Albanian legal framework against child exploitation is not implemented properly and
mechanisms for the protection of children, as the institutional level, as well as community
level, even where there exist are very weak and in most cases fail to protect children of
these risks.
Although there is no official data on the number of children working or begging in the
streets, according BKTF, most street children perform additional jobs as sale of cigarettes
or other small items on the street, collect items for sale and car maintenance, etc., even
those are used as beggars in the streets of Albania, as well as abroad. Most children used in
this way come from Roma and Egyptian community in the country, while most of those
engaged in street sales come from the majority. In most cases they are forced under
pressure of violence (both physical and psychological). BKTF reports few of children
reported to be forced by people who do not members of their family.
Begging on the street makes these children to face a high risk of trafficking or other forms
of abuse, particularly sexual abuse.
50
Lesbian, Gay, Bisexual and Transgender
Annual Report 2009
The use of children for sexual purposes

Albanian Government, at both central and local levels and has failed in terms of protecting
children from sexual exploitation for profit. According to the CRCA Albania continues to
be a place where children are prostituted, trafficked, used for pornography and sexual
tourism. Although the Government, local and national level has taken serious measures to
combat and eliminate trafficking of children, ECSP continues to flourish due to the
networks of organized crime, police corruption and lack of care system and child
protection. Poverty, lack of respect for more vulnerable human beings and inadequate
facilities and government structures for social support for children at the local level,
continually put the children under risk of sexual exploitation for profit purposes.
Albanian Government, especially at the local level, has not undertaken any measure to
protect children from entering child sexual tourism, in a time when tourism in Albania is
growing significantly. Moreover, legislative agencies and tourist operators have very
limited information on child sexual tourism and on how to protect children from
exploitation.
Child pornography remains a limited phenomenon. However, the growth of Internet use
across the country combined with government policies to make the Internet useful in every
school to Albania may constitute a serious danger for children. This risk is further
increased by lack of law that obliges Internet Service Providers to provide protected
Internet for children.
Finally, new amendments to the Criminal Code do not make possession of child
pornography a criminal act. This increases the risk of abuse with images of children that
can be used by abusers without being punished for their actions.
B. Prohibition of child labor practices and minimum age of employment

The law sets the minimum age of employment in 14 years and establishes the amount and
type of work that can be performed by children under 18. Children between the ages of 14
and 16, legally are able to work part time during summer vacation, children between 16
and 18 may work throughout the year in some certain specific jobs.
Although the employment of minors is prohibited, as long as children attend compulsory
education, legal guarantees provided for in legislation work - the Labor Code and
secondary legislation - are not in line with ILO Convention on the Worst Forms of Child
Labor and the ILO Recommendation 190. According QSHPLI, in terms of stopping the
exploitation of child labor provisions of the Criminal Code do not have had any effect in
preventing hard works by children, as its is child labor in construction, road work, begging,
etc.
Annual Report 2009
VIII. RECOMMENDATIONS
Worldwide commitment on protection of human rights and fundamental freedoms remains

one of the humanity greatest challenges.
Guaranteeing these rights through ratification of international documents and their
implementation in practice is really the fundamental issue of human rights which remain
vulnerable in societies in transformation including the Albanian society.
Guaranteeing fundamental human rights requires permanent commitment of all
stakeholders in Albania, primarily of state actors who have the legal obligation, but also
requires the contribution and commitment of other stakeholders for building society a rule
of law.
Reflection of violations or problems on the guarantee and respect the freedoms and human
rights, in this report, addresses steps to be taken by relevant state institutions in fulfilling
the obligations deriving from international conventions and domestic legislation.
However, in addition to this obligation, with the expertise that civil society has today,
following are summarized some recommendations that should become part of the work
plan of different institutions.

Revenge
To cope with and to minimize this historical phenomenon, the IMC recommends
developing a national strategy to respect the law and stop the revenge killings and blood
feuds, through:
• Strengthening the justice institutions, independence of the judiciary, prosecution
and the rule of law.
• Acknowledgment by the Albanian state of canon reality that carries this
phenomenon in Albanian society as a challenge which must be tackled.
• Reform of the penal and civil code in accordance with European Charter of Human
Rights and the Constitution of Albania, strengthening sanctions for violators of
property, life, family and dignity of the person.
• Awareness and public information on canon and its distortions.
• Building educational work in the school system on the obligation to respect and
implementation of law and confidence in the rule of law.

Guaranteeing fundamental human rights requires permanent commitment of all
stakeholders in Albania. Prevention of torture, violence and discriminatory acts will
require sustained and multi-disciplinary capacities by National Prevention Mechanization
and coordination of expertise and priorities.
QSHRT recommends guaranteeing by law the access to places of detention and police
commissariats, which would strengthen the monitoring component and would improve the
situation of human rights in penitentiaries.
QSHRT recommends ensuring "the torture victim status" seeking international recognition
of acts and their implementation by state institutions and the judiciary.

Despite marked progress in legal reform undertaken in the prison system, KSHH stresses
the need for enhancing the Training Center, the Prisons General Directorate, in order to
increase the professional capacity of staff providing services in these institutions.
Annual Report 2009
Conditions of Detention Centers

The findings and expertise of the IET, recommended that in relation to:
Trainings
− Albanian authorities should intensify efforts to combat abuses caused by the
Prisons police.
− Albanian authorities should take steps to ensure that disciplinary measures of
segregation to be only in exclusive cases and not be abused. In addition, the
Albanian authorities should ensure that, where this measure is taken, the detainees
should be ensured adequate living conditions, including appropriate sanitary
equipment, proper nutrition and provision of beds and layers to sleep;
− Director of the Prison Hospital Center in Tirana should order the immediate
suspension of use of chains for patients as inhumane and degrading practice.
Safeguards
− The competent authorities should take appropriate steps to ensure that disciplinary
measures taken against the detainees should respect the principle of proportionality,
ensuring the proper balance between the need to rule and normal organization of
works and the obligation to respect the dignity of individuals;
− The competent authorities should ensure that all significant incidents are recorded
in the relevant records, especially in cases when these incidents involved minor;
− The competent authorities should ensure that in Korca IEPS be implemented
without delay the separation of sectors between juveniles and adults;
− The competent authorities should ensure that in IEPS Burrel to be applied the
division in specific sectors among prisoners and detainees.
Material conditions
− The competent authorities must speed up moves to establish a planned catering
system for detention institutions;
− The competent authorities shall take all necessary measures (construction and / or
reconstruction) that detainees in IEPS Tirana (302), Berat, Kukes, Saranda and
Tropoja should be provided the opportunity to read or work in natural light, as well
windows to be built in such a way as to allow natural ventilation, even if
institutions have artificial ventilation;
− The competent authorities should take measures that heating systems should exist
and operate in all detention institutions, in order to ensure an appropriate
temperature during winter. Priority should be given to detention centers located in
cold areas;
− The competent authorities should take necessary measures that all detention
institutions should have cold and warm water to the extent necessary to enable
detainees to maintain acceptable level of personal hygiene. Also, detention centers
authorities are encouraged to distribute the necessary items for maintaining
personal hygiene of detainees;
− The competent authorities should take steps to build cell toilets in all institutions
where they are still missing. Meanwhile, should create conditions to enable
detainees to go to the bathroom without delay (including at night). In any case
bathrooms need to provide appropriate hygienic standards and to ensure privacy;
− The competent authorities shall take measures that all detainees be provided with
separate bed and to sleep layers and the latter to be changed in appropriate
intervals;
- The competent authorities should take steps to build laundries in all detention
institutions for washing the clothes of the detainees.
Regime and activities
Annual Report 2009
− The competent authorities should resolve the problem found in the detention
institution in Tepelene, so that the detainees be allowed telephone calls to the extent
provided by the new General Regulation of Prisons and in order to ensure the
confidentiality of conversations;
− Competent authorities should take temporary measures to allow a greater number
of visits for detainees with mental problems (especially in the Prison Hospital
Center), given their particular situation;
− The competent authorities shall take measures to enable all detainees (especially
minors and those who are illiterate) to pursuit appropriate educational programs, in
accordance with the Memorandum of Cooperation between the Ministry of
Education and Ministry of Justice ;
− The competent authorities should take necessary measures that in institutions of
detention 313 (sector of adult males) and 302 in Tirana and Berat, Kukes, Saranda
and Tropoje to enable the right of proper air facilities;
− The competent authorities should step up funding for the purchase of educational
materials, cultural and informative, so that they are in proper measure to be used by
all detainees;
− The competent authorities should develop a plan to provide all detainees the
opportunity to work and / or to pursue professional courses.
Medical Services
− The competent authorities should improve procedures and to create conditions so
that to the detainees be offered as soon (if it is not an emergency, within 24 hours) a
general or specialized medical service;
− The competent authorities should make possible that every detention institution
offers qualified dental service provided to all detainees;
− The competent authorities should take measures of detention Institutions FC, Fushe
Kruje, Berat, Saranda and Tepelene have ambulance transport to hospital for
detainees in cases of need;
− The competent authorities must speed up moves to open the hospital institution in
Durres;
− The competent authorities shall take all necessary measures to increase the number
of psychologists and / or psychiatrists in detention centers.

To avoid violating the rights of detainees or prisoners from non information or non
coordination of institutions with each other, on identified violations or fulfillment of legal
obligations, TLAS raises the need of functioning of coordination mechanisms and
information, composed by specialists who are employed in detention or prison staff
(including lawyers and social workers), representatives from the Court, the Prosecutor, the
bar office and the police.
These mechanisms should periodically harmonize relevant concerns observed during the
work of each institution and inform each other on failure of procedures or obstacles faced,
by improving the coordination to avoid the failure to not fulfill legal obligations.
IV. CIVIL FREEDOMS

Rights of Albanian emigrants and returned persons
Annual Report 2009
KSHH assesses that for the respect of rights of Albanian emigrants and returned persons is
necessary to improve the legal framework, to improve the infrastructure of border crossing
points, increase and improve the communication structures of the state concerned with
those central regional level as well as training of border and migration police officers.
V. POLITICAL RIGHTS
Elections and Political Participation
Voters with disabilities
In order to ensure the right to vote and persons with disabilities, FSHDPAK proposes
improving election legislation:
− To provide alternative voting outside the voting center for voters who can not move
from the apartment;
− To establish interpreter service of sign language for voters with hearing disabilities;
− To provide election information adapted for voters with mental disabilities that
have the right to vote;
− To access and support candidates with disabilities.
Central Election Commission should take administrative measures to implement strictly
the Electoral Code, in terms of aspects that have to do with ensuring the voting rights for
persons with disabilities.
VI. DISCRIMINATION, SOCIAL ABUSES, TRAFFICING OF HUMAN

BEINGS
Domestic Violence
Law and its implementation
For a better implementation and efficiency of law against domestic violence, QDNJD finds
necessary to achieve:
• Creating special sections on domestic violence, in any Police Commissariats, with
specialists in this field, or police officers of these commissariats specifically trained
and dealing only with cases of domestic violence;
• Criminal proceedings against the authors (violators) who violate orders of
protection, under Article 320 of the Criminal Code for "obstructing the execution of
court decisions";
• Further training of police officers concerning the law "On Measures against
Violence in Family Relations", as problems are noticed mainly in the way of filling
the application and lawsuits distinction between protective orders and immediate
defense orders;
• Police officers should pay a great importance to security and documentation of all
evidence, whether written as police incident reports, statements of the parties, the
injured person's card file of damages, even those with witnesses, which will serve
as evidence in court;
• Police departments in the frame of law enforcement in cases where the victim's
safety is at risk should provide escort and transportation of violence victim to
health centers, etc. Court.;
• Police officers must provide the victim of domestic violence with a decision to
conduct forensic expert, not only when body signs are visible and heavy but also in
other cases;
• The police officer must inform in advance and advise the victim of domestic
violence for the content of the law "On Measures against Violence in Family
Relations and the protection that this law provides;
Annual Report 2009
Meanwhile, QNLQ emphasizes the role of institutions to help victims of domestic violence
and identified the need to:
• Police should strengthen the work, not only in terms of identifying and sending to
the Court of cases of domestic violence, but also in the execution of final judicial
decisions, in cooperation with the Office of Enforcement and Prosecution. It is
required a better cooperation with lawyers and centers that provide free legal
service.
• The staff should conduct training of local bodies, municipalities, municipal units or
communes, as the only institutions closer to citizens.
• Ministry of Justice should ensure implementation of the law, "For Legal
Assistance", which is already into force, and provide free legal protection to victims
of domestic violence.
Children
Unregistered children in the Civil Register
To minimize this phenomenon BKTF proposes that
- The Albanian government should inform, raise public awareness on the importance of
registration of children and the rights and obligations arising therefore.
- The Albanian government should take all necessary measures to ensure implementation
of laws relating to registration of citizens and ensure that every child born in the territory
of Albania or Albanian citizens’ children born outside the territory, will be recorded the
civil state records.
- The Albanian government should implement a specific plan, such as free legal assistance
and social inclusion for the registration of children, particularly in facilitating the
registration of Roma and other communities at risk.
- The Albanian authorities should take necessary steps for the signing of agreements with
other countries, particularly with those where are substantial communities of Albanian
citizens, in connection with facilitating the release of documents relating to registration of
birth.
Care for children who leave the "House of the Child"

As for better protection of children of this category BKTF proposes:
• Period of state care for these children should be extended until age of 18.
• Establishment of legislation and establishment of appropriate practical measures to
ensure that children leaving care can receive support in providing education,
training and skills courses for those who leave care.
• Creation of policy and legal improvements that enhance and clarify the obligations
of all stakeholders in local and national levels to support children who leave care.
• Development of forms and construction of respective supporting structures of state
that support those who leave care during the transition from care to independent life
in terms of education, health care, housing and psycho-social support (particularly
for children who leave care in age 14).
• Develop effective training courses for children who leave care to be in accordance
with market needs.
• Provision of appropriate financial support for young people who are in leaving care
age.
• Developments of appropriate housing opportunities for children who leave care at
age 14 years and suitable housing for those who leave the dormitory.

In support of trafficking victims and their reintegration in society QPSV proposes to be
taken:
Annual Report 2009
• Awareness of government to give priority measures and actions to fight the

growing phenomenon of internal trafficking; undertaking steps for setting up an
Anti-Trafficking Action Plan to combat and prevent the development of internal
trafficking.
• Undertake joint steps with state institutions to adopt the social status of victim of
trafficking.
• Creating favorable conditions for trafficking victims who have mental health
problems, because their treatment in current hospitals (psychiatry) is inadequate for
their Rehabilitation.
• Develop long-term social programs and policies in support of victims of trafficking
by providing them financial assistance, employment, housing etc..

In accordance with the National Action Plan National Strategy for Persons with
Disabilities, FSHDPAK urges all responsible actors, at central and local level, to take more
responsibility for its implementation to give this category real integration possibility, and
requires measures to:
• Provide full equality for persons with disabilities through the improvement of legal
framework on social services, education, housing and telecommunications.
• MPÇSSHB must resume the process of evaluating the legal framework in the field of
disability to open the way for the preparation of integral law on partial disability.
Meanwhile, to protect individual right according to the degree of disability, TLAS

recommend to be determined by law the assessment of disability based on combined
medical and social criteria. For this purpose should be made changes in Law No.9355,
dated 10.03.2005 "On social assistance and services”.
The amended law should be determined that the authority will make an assessment of
disability based on medical-social criteria. Also should be expressed the determination of a
measure disability benefit payment differential depending on the person's disability.
In these changes should be foreseen that the individual with disabilities have the right to
obtain payment of disability and incomes from work (in cases where persons are employed
PWD).
The rights of women with disabilities

Regarding this category FSHDPAK requires that:
- Institutions responsible for promoting gender equality and respect for the rights of
persons with disabilities, to:
• Realize and increase their capacities on the rights of women with disabilities
• Review existing strategies in order laws involving gender perspective components
in them.
• To promote the inclusion of gender equality component in all horizontal and
multidimensional policies under which disability should be treated (employment,
education, health, services, transportation, children, youth, elderly, etc..)
• To establish a system of indicators based on gender and disability in order to
monitor the implementation of all strategies for disability and gender equality.
• To promote the statistics for women with disabilities in each area of relevant
strategies, local and central level.
• To include reporting on women with disabilities in all binding relations through
which the Albanian government reports on women as well as for persons with
disabilities.
- Organizations that work in terms of promoting gender equality
Annual Report 2009
• Organizations in the sphere of gender equality should realize and include training
on the rights and specific needs of women with disabilities.
• To improve their plans and strategies, so the inclusion of women with disabilities in
all stages and in all areas of their work
• Be aware and encourage the involvement of women with disabilities not just as
passive beneficiary of their programs of social assistance, but also their
involvement in all programs to promote employment, economic empowerment,
leadership and decision-making, health services and reproductive health.
The rights to quality services for persons with disabilities

Each of the centers (daily and residential) must have operational policies and procedures
written for the recognition and protection of civil, political, social, economic and
cultural human rights. Their protection and fulfillment are constantly monitored.
Studies should be made about the inclusion of clients in centers of decision-making
processes and recommendations should be part of written policies and procedures for
each center.
The mentally disabled

QSHZHSHM recommends reviewing the legal framework through specific amendments,
further enabling additional specification as Mental Health Law:
- Does not provide for the rights of patients during the hospitalization period,
- Does not provided specific provisions about the treatment of children with mental health
problems.
- Does not provide specific preventive measures to degrading and inhuman treatment that
can be made to persons with mental illness. Such practices may be considered use of
electro shock, sterilization, etc.. This could cause that abusive practice within the
services to remain unpunished.
- Must review the rights of different persons to seek hospitalization of persons with mental
illness, as this right if given in an uncontrolled manner, or anyone, can lead to
significant abuses against the right of property, decision taking, for management of
assets, spouse’s rights etc, which persons with mental illness also enjoy.
Also it is recommended the preparation of monitoring instruments and training’s is
provided for monitoring the rights of persons with mental illness in services,
community and institutions, as well as depth training provided on the rights of
patients and the existing legal framework for health professionals.
Packages must be designed specifically for the media, in order to be trained to report
carefully, ethical and sensitive issues related to persons with disabilities, especially
mental.

For full guarantee of minority rights, their representative organizations recommend
undertaking of steps by the Albanian state to ratify the Charter for Regional or Minority
Languages.
Meanwhile to get more active role in governance, it is recommended that KSHM status
change from advisory to executive.
Roma minority
To come in help to this community, TLAS suggests that it is necessary organizing
awareness campaign in the field of social protection for the rights of the benefit for
economic aid and payment of unemployment, maternity payment and other rights arising
from legislation in force.
Annual Report 2009
It also should be the issuance of an administrative act, which obliges communes and
municipalities to provide legal assistance to meet the Roma families files.
While in terms of new legislation for economic aid, it must provide the following practices
"positive discrimination" for members of the Roma community to the benefit of economic
aid. This means that these families benefit from economic aid, by excluding them from the
fulfillment of some specific criteria required for inclusion in this scheme, as for example
the introduction of property documents, submission of documents for school enrollment of
children, payments energy, or other taxes, etc..
TLAS recommends that should be pursued policies and real partial strategies for positive
discrimination of this community and toward facilitattion of procedures for admission of
students from this community in high schools and universities.
Employment of this community should be seen as an opportunity of integration of this
layer of society in the everyday lives of Albanian society. For how long will exist apathetic
treatment of this community from state structures, it is the clear expression of direct
discrimination of members of this community.
In particular, it is recommended to be accepted into the police and justice structures,
members of this community, as this would bring a greater co-operation of these structures
with members of the Roma community, especially in areas where they constitute a
majority.
Vlach minority
For enabling the political representation of minority Vlach, SHKVSH proposes adoption of
a law even with local base, where it becomes possible the representation in the governance
of minority representatives.
While SHKASH proposes state institutions to facilitate the teaching of the Vlach language,
publication of newspapers, magazines and broadcasting of programs in Aromanian
language public radio and television.

People living with HIV / AIDS
To improve the situation in the coverage of the problems of HIV / AIDS in Albania,
SHPLWHA recommends taking several steps like:
• RECOGNITION of the legal framework for HIV and AIDS issues as well as
recognition and respect for the legal basis of media and journalism ethics code.
• Information and training journalists on issues of HIV and AIDS for more detailed
analysis about these issues.
• Further awareness on HIV and AIDS issues by the media.
• Promotion and encouragement of positive models of living with HIV by promoting
positive behavior changes that affect their growth and professionalism in reducing
stigmatisation and discrimination in the community.
• Increase partnerships with NGOs and other institutions that focus on HIV and
AIDS issues.
• Develop brochures, packets written guidelines with basic rules for ways of
treatment of HIV and AIDS issues in Albania.

The use of children for work
- The state must take more responsibilities on social issues, based on the NGOs experience
and supporting their activities and programs.
Annual Report 2009
The role of social services should be reinforced in: Proactive identification and referral of
children at risk, monitoring of standards of care; assessing the situation and development
of protection plans for children, family and community and serve as a connecting point for
coordination of referrals and response to this situation.
- The phenomenon of child labor and begging is very complex and linked with other
problems, such as domestic violence, gender-based violence, etc.. As such, the Albanian
state should adopt a model, which addresses all these problems at a local level, as well at
central level. Experience of Child Protection Units should be integrated within the
structure of social services, supported by financial resources, as well as human sources
from the Albanian government and distributed throughout the territory of the country at the
local level.
- Family support programs should begin to set in work, considering the fact that, in most
cases, parents are involved in the exploitation of children. Also, in cases where parents
repeatedly use their children, exposing them to risks of living on the street, should be
removed parental care. State must improve and monitor the process of legal custody of
children. Alternative care programs should be created and placed in operation, considering
the best for children.
- Families who suffer from such risks should be empowered economically. By addressing
the economic needs of these families will be reduced need for child work and increase the
ability of parents to care for them. For these families need to ensure social integration and
economic aid.
- Police and other stakeholders (such as social workers, health personnel and teachers)
should be trained on the best ways of assisting the victims of exploitation and abuse, in
order to able to care for these cases when identified as such. On the other hand, for these
victims should be created such conditions that facilitates and encourages the denunciation
of cases of abuse and exploitation.
- Government, in cooperation with NGOs should establish formal and non formal
programs such as to provide a safe and non discriminatory environment for all children so
that they integrate into the school system. These programs should, primarily, to address
stigma by school and community environments.
Annual Report 2009
IX. ANNEX
List of acronyms of the organizations mentioned in the report
AP Avokati i Popullit
(Peoples Advocate – Ombusdman)
BKTF Koalicioni Së Bashku Kundër Trafikimit të Fëmijëve
(BKTF Coalition - All Together Against Child Trafficking)
CPT Komiteti për Parandalimin e Torturës
(Committee for the Prevention of Torture)
CRCA Qendra për Mbrojtjen e të Drejtave të Fëmijëve
(Children’s Human Rights Centre in Albania)
CSDC Qendra për Zhvillimin e Shoqërisë Civile
(Civil Society Development Center)
FRD Forumi i Rinisë Dibrane
(Dibra Youth Forum)
FSHDPAK Fondacioni Shqiptar për të Drejtat e Personave me Aftësi të Kufizuar
(Albanian Disability Rights Foundation)
GSHDNJ Grupi Shqiptar i të Drejtave të Njeriut
(Albanian Human Rights Group)
IET Instituti Europian i Tiranës
(European Institute of Tirana)
IIPP Instituti i Integrimit të të Përndjekurve Politikë
(Integration Institution of the Politically Victimized People)
ILO Organizata Ndërkombëtare e Punës
(International Labour Organization)
IPEC Programi Ndërkombëtar për Eleminimin e Punës së fëmijës
(International Programme on the Elimination of Child Labour)
IRNSH Instituti për Ruajtjen e Natyrës në Shqipëri
(Institute for the Preservation of Nature in Albania)
KPM Komiteti i Pajtimit Mbarëkombëtar
(Committee of Nationwide Reconciliation)
KQZ Komisioni Qëndror i Zgjedhjeve
(Central Elections Commission)
KRIIK Organizata KRIIK Albania
(KRIIK Albania Association)
KSHH Komiteti Shqiptar i Helsinkit
(Albanian Helsinki Committee)
KSHM Komiteti Shtetëror i Minoriteteve
(The State Minority Committee)
KVV Koalicioni i Vëzhguesve Vendorë
(Domestic Observers Coalition)
LE Lëvizja Europiane
(European Movement in Albania)
NDGSH Shoqata Në Dobi të Gruas Shqiptare
(Useful to Albanian Women Association)
OBSH Organizata Botërore e Shëndetit
(World Health Organization)
OSBE Organizata për Sigurimin dhe Bashkëpunimin në Europë
(Organization for Security and Co-operation in Europe)
OSHPDP Organizata Shoqërore Politike "Drushtvo-Prespa"
(“Drushtvo Prespa” Association)
Annual Report 2009
QAP/NDGSH Qendra "Alternativa Profesionale"/Shoq. Në Dobi të Gruas Shqiptare

(a project of Useful to Albanian Women Association)
QDNJD Qendra për të Drejtat e Njeriut në Demokraci
(Human Rights in Democracy Center)
QKMA Qendra Kulturore Mediatike Antigonea
(“Antigonea” Cultural Mediatic Center)
QNLQ Qendra për Nisma Ligjore e Qytetare
(Center for Legal Civic Initiatives)
QPSV Qendra Psiko-Sociale “Vatra”
(“Vatra” Psycho-Social Center)
QSHPLI Qendra e Praktikave dhe Shërbimeve Ligjore të Integruara
(Center of Integrated Legal Services and Practices)
QSHDNJ Qendra Shqiptare e të Drejtave të Njeriut
(Albanian Human Rights Center)
QSHRT Qendra Shqiptare për Rehabilitimin e Viktimave të Torturës
(Albanian Rehabilitation Center for Trauma and Torture)
QSHZHSHM Qendra Shqiptare për Zhvillimin e Shëndetit Mendor
(Albanian Development Center for Mental Health)
RSL Rinia në Sipërmarrjen e Lirë
(Youth in Free Initiative – Kukes)
SHGK Shoqata e Gruas Korçare
(Korça Woman Association)
SHJD Shoqata e Jetimëve, Dega Durrës
(Orphan’s Association – Durrës)
SHKASH Shoqata Kulturore "Arumunët e Shqipërisë"
(Cultural Association “Arumunët e Shqipërisë”)
SHKD Shoqata për Kulturë Demokratike
(Society for Democratic Culture)
SHKUR Shoqata Kombëtare e Ushtarakëve në Rezervë
(National Association of Militaries in Reserve)
SHKVSH Shoqata Kulturore "Armanji di Albania"
(Cultural Association “Armanji di Albania”)
SHPKSMMR Shoqata e Pakicës Kombëtare Serbo-Malazeze "Moraça-Rozafa"
(Association of Serbian-Montenegrin Ethnic Minority “Moraça-Rozafa”)
SHPLHWA Shoqata Shqiptare e Personave që Jetojnë me HIV/AIDS
(Albanian Association for People Living with HIV/AIDS)
SHPPI Shoqata e të Përndjekurve Politikë për Integrim
(Association of Political Persecuted for Integration)
TLAS Tirana Legal Aid Society, Shërbimi Ligjor Falas Tiranë
(Tirana Legal Aid Society)
UGQGJ Unioni i Gazetarëve Qarku Gjirokastër
(Regional Association of Professional Journalists – Gjirokastër)
UGSH Unioni i Gazetarëve Shqiptar
(Independent Union of Journalists)
UNESCO Organizata e Kombeve të Bashkuara për Edukim, Shkencë dhe Kulturë
(United Nations Educational, Scientific and Cultural Organization)
Annual Report 2009
Glossary
AIDS Acquired ImmunoDeficiency Syndrome

ARV Antiretroviral- anti-HIV medicines which prevent the propagation of the virus
and improve health
HIV Human Immunodeficiency Virus
IEPS Institution of Execution of Penal Sentence
LGBT Lesbian, Gay, Bisexual and Transgender
PWD People with Disabilities
PLWHA People Living with HIV/AIDS
UHCT University Hospital Center Tirana
ECSP Exploitation of Children for Sexual Purposes
STIs Sexually Transmitted Infections
Për informacione të mëtejshme lutemi kontaktoni:
Tel/fax: + 355 4 2244412;

Mob. + 355 (0) 6820 39297;
(0) 6820 23881;
E-mail: info@kriik-alb.org

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The Situation of Human Rights in Albania 2

Annual Report 2009

II. LEGAL FRAMEWORK

III. INTEGRITY OF PERSON

IV. CIVIL FREEDOMS

VI. DISCRIMINATION, SOCIAL ABUSE, TRAFFICKING

VII. RIGHTS OF WORKERS

Although an election year, in addition to involvement in monitoring and following up the

Tirana, on December 26, 2009

RESPEKTIMI DHE GARANTIMI I TË DREJTAVE TË NJERIUT

II. LEGAL FRAMEWORK

A. International Instruments of Human Right

UN Human Rights Conventions

• Universal Declaration of Human Rights (1948)

European Human Rights Instruments

European Human Rights Institutions and Bodies

B. Albanian Legislation on Human Rights Protection

B1. Albanian Constitution

B2. The prevalence of international law over domestic law

C. The Institutional Framework for the Protection of Human Rights2

D. Other institutions and mechanisms for the protection of human rights

III. INTEGRITY OF PERSON

A. The right to life and health

B. Arbitrary deprivation of life

Blood feud continues to be a serious problem. According to KPM5, degeneration in the

Increasing suicides are another disturbing phenomenon. According to QDNJD 7, based in

C. Torture and other inhuman or degrading treatment

The situation in detention and prison institutions

Conditions of detention centers

Treatment of Politically Ex-Convicted People from the Communist Regime

D. Arbitrary arrest or detention

Arrest and detention

E. The right for a fair trial

Proceedings of court trials

In the meantime, according to investigations conducted by the RSL14 in Kukës, concerns

Efficiency, design and level of law enforcement

IV. CIVIL FREEDOMS

A. Freedom of speech, press and right to information

Cases of identified violence

The situation of journalists

The right to information on official documents

B. Freedom of peaceful assembly and association

D. Freedom of movement of internally displaced persons and refugee protection

The rights of Albanian emigrants and returned persons

Elections and political participation

Voters with disabilities

Participation in environmental decision-making processes

VI. DISCRIMINATION, SOCIAL ABUSES, TRAFFICKING OF HUMAN BEINGS

By monitoring over 400 court decisions QNLQ32 noticed a continued improvement in

Justice for Juveniles

Services in child protection

Unregistered children in Civil Register

Care for children who leave the "House of the Child"

Trafficking of human beings and prostitution

Persons with disabilities

The rights of women with disabilities

The rights to quality services for persons with disabilities

Meanwhile, according to a study conducted by TLAS and analysis of legislation for

The mentally disabled

National, racial and ethnic minorities

Other social abuses and discriminations

VII. RIGHTS OF WORKERS

A. Prohibition of forced and bonded labor