ALBANIA
The Republic of Albania is a parliamentary democracy with a population of
approximately three million. The constitution vests legislative authority in the
unicameral Assembly (parliament), which elects both the prime minister and the
president. The prime minister heads the government, while the president has
limited executive power. In June 2009 the country held parliamentary elections,
which the Organization for Security and Cooperation in Europe (OSCE) Office for
Democratic Institutions and Human Rights (ODIHR) described as marking
progress over past elections, but not fully realizing OSCE commitments. While the
opposition Socialist Party (SP) voted to certify the elections as legal and final, it
began a boycott of the parliament in September 2009, calling for an investigation
into alleged electoral fraud. The boycott continued at year's end. Security forces
reported to civilian authorities.
There were reports that police severely beat and mistreated suspects during
interrogation and detention. Some cases of physical mistreatment were reported in
prisons. Police corruption and impunity persisted. Government corruption
remained a serious and unresolved problem. Discrimination against women,
children, homosexual persons, and minorities were problems. Trafficking in
persons also remained a problem.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom From:
a. Arbitrary or Unlawful Deprivation of Life
There were no reports that the government or its agents committed arbitrary or
unlawful killings. The killings of two political figures--Socialist Party Member of
Parliament Fatmir Xhindi and a Christian Democrat leader, Alex Keka--were under
investigation and remained unresolved at year's end.
On December 12, the Parliamentary Assembly of the Council of Europe (COE)
released COE rapporteur Dick Marty's report on allegations concerning inhuman
treatment of persons and illicit trafficking in human organs. The report stated that,
from July 1999 to mid-2000, elements of the Kosovo Liberation Army (KLA) and
affiliates held scores of "disappeared" persons at temporary locations at Bicaq,
Burrel, Rripe, and Fushe-Kruje. The report alleged that some of these persons had
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their kidneys extracted for use by an international organ-trafficking ring. The
report alleged that most of those held--ethnic Albanians and Serbs whom the KLA
believed to be collaborators--were presumed to have been killed. According to the
report, first-hand sources credibly implicated five members of the "Drenica Group"
within the KLA in having ordered, and in some cases personally overseen, killings,
detentions, beatings, and interrogations in the context of KLA-led operations on
the territory of Albania between 1998 and 2000. The report also stated that the
head of the Drenica Group, Kosovo Prime Minister Hasim Thaqi, operated with
the "support and complicity" of Albania's government, secret service, and the
mafia. Albanian authorities denounced the content of the report but pledged their
cooperation with any investigation.
The UN Interim Administration Mission in Kosovo (UNMIK) and International
Criminal Tribunal for the Former Yugoslavia (ICTY) whose mandates did not
extend into Albania, previously investigated the allegations of organ harvesting
contained in the Marty report and concluded that there was insufficient evidence to
pursue a criminal case.
The EU Rule of Law Mission in Kosovo (EULEX) War Crimes Unit maintained
an open but inactive investigation into the organ trafficking allegations. The
EULEX War Crimes Unit stated that it possessed no evidence related to these
allegations and called on the COE and other parties to share whatever evidence
they may have obtained. Following the release of the COE report, EULEX
indicated that it lacked jurisdiction to investigate alleged crimes committed on the
territory of Albania. However the government publicly expressed its willingness to
cooperate with an investigation of these alleged crimes.
During the year there were continuing reports of societal killings, including both
generational "blood feud" and revenge killings. Such killings sometimes involved
criminal gangs. According to the Interior Ministry, there were five blood feudrelated
killings during the year. However, NGOs reported 55 blood feud-related
killings during the year. According to NGOs, fear of blood feud reprisals
effectively imprisoned approximately 1,490 families their homes. The Court of
Serious Crimes tried blood feud cases. The law punishes premeditated murder,
when committed for revenge or a blood feud, with 20 years' or life imprisonment.
b. Disappearance
There were no reports of politically motivated disappearances.
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Albanian prosecutors believed that they had traced Ilir Kumbaro, on trial with three
of his National Intelligence Service (SHISH) colleagues for the 1995 kidnapping
and torture of Remzi Hoxha and two other citizens, to the United Kingdom, where
he was allegedly living under an assumed name and had applied for asylum. The
prosecutor requested extradition. The trial and the extradition request were pending
at year's end.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The constitution and law prohibit such actions; however, police and prison guards
sometimes beat and abused suspects and detainees.
During the year the government continued to implement recommendations
resulting from the Council of Europe's Committee for the Prevention of Torture
(CPT) 2008 visit to the country's prisons and detention centers. In its report on the
visit, the CPT noted credible allegations of physical mistreatment, at times severe,
mostly during police questioning.
The December 12 COE report on inhuman treatment of persons and illicit
trafficking in human organs (see section 1.a.) alleged that, in 1998 to June 1999,
the KLA with the cooperation of SHIK, detained "prisoners of war" from Kosovo
at locations it Durres, Cahan, and Kukes, where they were held in makeshift
cellblocks, left in insanitary conditions without food and water, and were visited
periodically by KLA soldiers to be questioned under harsh treatment, or
indiscriminately beaten.
The Albanian Helsinki Committee (AHC) and the Albanian Human Rights Group
(AHRG) reported that police sometimes used excessive force or inhuman
treatment. During the year the AHC reported that it received 10 complaints of
mistreatment by police and prison staff. The majority of these complaints
concerned unjustified stops by police, detention past legal deadlines, failure to
make citizens aware of their rights when detained, and poor conditions of detention
centers. The AHC reported that conditions and treatment while in police custody
are more problematic than in the prison system. According to the AHRG, police
more often mistreated suspects at the time of arrest or initial detention. Roma,
Balkan-Egyptians, and persons engaging in homosexual conduct were particularly
vulnerable to police abuse.
Police sometimes used threats and violence to extract confessions.
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Prison and Detention Center Conditions
The Ministry of Justice operated all detention facilities, while the Ministry of
Interior oversaw police detention facilities.
Prison conditions varied widely between prison facilities dating from the
communist period and those opened after 1991. In the facilities dating from the
communist period, concerns existed about adequate provisions for sanitation,
ventilation, lighting, health care, and access to potable water. The government was
taking steps to address these needs and slowly phase out the older facilities.
Establishments opened after 1991 generally met international standards. Changes
in the law establishing a probation system, usage of alternative sentencing
guidelines, and the construction of new prisons decreased overcrowding. The
Albanian Helsinki Committee (AHC) reported during the year that there was a
general alleviation of prison overcrowding, largely due to probationary services.
Prisons have obtained modernized medical equipment and additional medical staff
and supplies. However, access to medical care was not always available. During
the year the AHC found that infrastructure conditions in some of the police
detention facilities were very troubling.
Prisoners and detainees have the right to meet relatives and meetings can occur up
to four times per month for adults and up to eight times for juveniles. Prisoners and
detainees are free to exercise their religion and some facilities have special places
for religious services.
Prisoners and detainees are permitted to submit complaints to the ombudsman.
Every penal installation has a mailbox in which prisoners and detainees are entitled
to submit complaints without censorship. The ombudsman reported that this
service was functional. Prisoners and detainees are also entitled under the law to
submit complaints to judicial and administrative authorities.
Authorities investigated credible allegations of inhumane conditions and
documented the results of such investigations, although the results were not always
easily accessible to the general public. According to the government, in 2009 the
government carried out over 350 inspections and investigations.
The government allowed local and international human rights groups, the media,
and others to monitor prison conditions. The law provides for an ombudsman to
implement the National Mechanism for Torture Prevention. The ombudsman also
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monitored prison conditions and acted on prisoner complaints. The ombudsman
found that several facilities lacked the appropriate infrastructure and found
instances of overcrowding. The ombudsman investigated allegations of corruption
within the prison system and found corruption to be a serious problem. However,
the ombudsman's term in office ended in March, and the parliament was unable to
appoint a new ombudsman, leaving a gap which hindered the functioning of this
office.
During the year there were no reports that authorities held minors together with
adults. In October 2009 the government opened the Juvenile Institute in Kavaje,
which serves as a rehabilitation, correctional, and consultation center for juveniles.
In 2009 authorities initiated 361 disciplinary proceedings against prison guards and
officials.
d. Arbitrary Arrest or Detention
The constitution and law prohibit arbitrary arrest and detention; however, there
were some reports that police occasionally arbitrarily arrested and detained
persons.
Role of the Police and Security Apparatus
Local police units report to the Ministry of Interior and are the main force
responsible for internal security.
Despite improvements in law enforcement training and management, police did not
consistently respect the human rights of citizens during the performance of their
duty and were not fully accountable to the rule of law. In some instances, police
impunity was a problem. Police officers did not enforce the law equally and an
individual's political or criminal connections often influenced enforcement of laws.
Low salaries contributed to continued corruption and unprofessional behavior
which remained impediments to the development of an effective civilian police
force.
During the year the ombudsman processed and completed complaints against
police officers mainly on arrest and detention problems; the ombudsman resolved
nearly one third in favor of the complaining citizen.
Arrest Procedures and Treatment While in Detention
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The constitution requires that authorities inform detained persons immediately of
the charges against them and of their rights. Police sometimes failed to inform
citizens of their rights at the time of arrest. Under the law, police must immediately
inform the prosecutor of an arrest. The prosecutor may release the suspect or
petition the court within 48 hours to hold the individual further. A court must
decide within 48 hours whether to place a suspect in detention, require bail,
prohibit travel, or require the defendant to report regularly to the police. In practice
prosecutors requested and courts routinely ordered detention in many criminal
cases. However, courts routinely denied prosecutors' requests for detention for
well-connected, high-profile defendants. In many cases house arrest was granted
and not enforced consistently; time spent under house arrest accrued toward prison
time if a defendant was convicted.
Courts must provide indigent defendants with free legal counsel. According to the
AHC, police officers often failed to inform defendants of this right, and there were
complaints by detainees that authorities did not provide them with defense counsel
from the outset of their detention. The AHC and several NGOs offered free legal
advice and advocacy services to indigent persons.
The law requires completion of most pretrial investigations within three months;
however, a prosecutor may extend this period to two years or longer. The law
provides that the maximum pretrial detention should not exceed three years; there
were no reports that authorities violated this limit during the year. However,
lengthy pretrial detentions often occurred due to delayed investigations, defense
mistakes, or the intentional failure of defense counsel to appear. For example, in
the 2008 Gerdec case involving the explosion of a former military ammunition
demilitarization facility resulting in 26 deaths. During the year the hearings were
postponed 77 times, due in many cases to the failure of defense attorneys to appear
or due to the absence of a member of the court. Under the law, a judge cannot hold
an attorney in contempt of court to prevent these actions by attorneys.
Limited material resources, lack of space, poor court calendar management,
insufficient staff, and failure of attorneys and witnesses to appear prevented the
court system from adjudicating cases in a timely fashion.
e. Denial of Fair Public Trial
The constitution provides for an independent judiciary; however, political pressure,
intimidation, widespread corruption, and limited resources sometimes prevented
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the judiciary from functioning independently and efficiently. The politicization of
appointments to the High and Constitutional Courts threaten to undermine the
independence and integrity of these courts.
Trial Procedures
The law provides for the right to a fair trial with defendants presumed innocent
until convicted. The court system does not provide for jury trials. Prosecutors and
defense lawyers present cases to a judge or panel of judges, and defendants have
the right to access all evidence that prosecutors present to the judges, can question
witnesses against them, and present witnesses and evidence. Defendants have the
right to appeal. The law mandates an alternative sentencing system for juveniles.
Political Prisoners and Detainees
There were no reports of political prisoners or detainees; however, former political
prisoners under the communist government complained that they had either not
received the compensation due them under the law or that payments were coming
too slowly.
Regional Human Rights Courts Decisions
During the year the European Court of Human Rights (ECHR) delivered eight
judgments concerning the country. These cases largely concerned the right to a fair
trial within a reasonable time, the right to an effective remedy, and the right to
peaceful enjoyment of possessions. As of September there were 287 cases pending
before the ECHR regarding Albania.
Civil Judicial Procedures and Remedies
There is a functional civil law system where citizens have access to redress;
however, it was susceptible to corruption, inefficiency, and political tampering.
These factors undermine the judiciary's authority, contribute to controversial court
decisions, and lead to an inconsistent application of civil law. The Bailiff's Office
is responsible for enforcing civil judgments. The law allows private bailiffs to
enforce judgments, facilitating both private and public entities to help enforce
rulings. However, complete and timely enforcement of court decisions remained
elusive.
Property Restitution
ALBANIA 8
The laws governing restitution or compensation for private and religious property
confiscated during the communist era are complex, and a large number of cases
involving conflicting claims by new owners and the state (on one side) and former
owners (on the other) remained unresolved. There was no update to the September
2008 European Parliament briefing paper on property restitution in the country
which noted that the first round of judgments of the ECHR had found "serious
deficiencies" in the administrative and judicial system of the country with respect
to property restitution and compensation of former owners. The judiciary has
serious problems with independence, transparency, and accountability.
As in previous years, the government did not provide restitution or compensation
to religious organizations for religious properties and objects that the former
communist government confiscated or damaged.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The constitution and law prohibit such actions, and the government generally
respected these prohibitions in practice.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The constitution and law provide for freedom of speech and of the press, and the
government respected many of these rights in practice, however: there were reports
that the government and businesses influenced and pressured the media.
Individuals could freely criticize the government publicly or privately without
reprisal, although there were some exceptions. Some media outlets reported they
experienced selective tax inspections due to their editorial point of view. Two
dailies (Tema and Korrieri) closed in the spring after receiving fines of 20 million
leks and 22 million leks respectively ($200,000 and $220,000). The dailies stated
that the government imposed the fines due to their lack of documentation showing
they had destroyed unsold copies. Tema stated that inspections went as far back as
2005. Tema appealed the fine with the Ministry of Finance and the case was
ongoing. In October Tema resumed publication after a reorganization.
ALBANIA 9
The media were active and largely unrestrained, however; there were cases of
direct and indirect political pressure on the media, including threats against
journalists. At times political pressure and lack of funding constrained the
independent print media, and journalists reported that they practiced extensive selfcensorship.
Political parties, trade unions, and other groups published newspapers
or magazines independent of government influence.
The public Albanian Radio and Television operated a national television channel
and a national radio station and, by law, receives 50 percent of its budget from the
government. The station remained under government control in its editorial line.
While private stations generally operated free of direct government influence, most
owners believed that the content of their broadcasts could influence government
action toward their other businesses. Business owners also freely used media
outlets to gain favor and promote their interests with both major parties.
The investigative role of the media continued during the year. Leading broadcaster
Top Channel's popular investigative satirical show, Fiks Fare, led to dismissals and
criminal cases against corrupt public officials. In 2009 hidden camera footage led
to the dismissal of former-minister of culture, youth, and sports Ylli Pango who
was accused of sexual misconduct. On June 18, the Tirana District Court heard
Pango's lawsuit and decided to fine the broadcaster 51 million leks ($500,000) for
"harming the ex-minister's moral stature and causing anxiety and grief." The
station appealed the ruling, and the case was pending at year's end.
In March the appellate court remanded the modified 2006 Council of Ministers
decision to break its 20-year lease of space to Top Channel, a private television
station that was sometimes critical of the government, and order the station to
vacate the state-owned office building in which it was located. The council agreed
to allow Top Channel to move to another state-owned property. Despite this order,
the station claimed that tenants in the new property did not allow Top Channel to
move in and carry out its work. In March the Appeals Court returned the case for
readjudication to the Tirana District Court. The case was ongoing at year's end.
The law punishes libel with a prison sentence of up to two years and a fine. During
the year there were no libel suits against reporters. However, two media outlets,
Vision Plus and Shekulli, filed libel suits against the prime minister in December
for prejudicial public statements that he allegedly made against them in parliament.
The High Court ruled in May and June on the lawsuits, citing that "there were no
elements of the criminal offences of insult and defamation because the damaged
parties could not prove the charges."
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Various forms of media intimidation continued. Journalists continued to complain
that publishers and editors censored their work, either directly or indirectly in
response to political and commercial pressures. Many journalists complained that
their lack of employment contracts frequently hindered their ability to report
objectively.
On November 14, a Gjirokaster correspondent of the daily Panorama newspaper
was reportedly assaulted by two persons. The assailants reportedly told the reporter
to stop writing in the newspaper. Before the assault, the reporter had printed an
interview with an unnamed woman who reportedly worked in drug plantations in
Lazarat. The reporter filed a criminal suit with the Prosecutor's Office. The case
was ongoing at year's end.
In December businessman Rezart Taçi, who was accused of assaulting journalist
Mero Baze in November 2009 for Baze's reporting on alleged corruption in the
privatization of ARMO, the country's state-owned oil refinery, was acquitted. His
two bodyguards were each fined 350,000 leks ($3,500).
Internet Freedom
There were no government restrictions on access to the Internet or reports that the
government monitored e-mail or Internet chat rooms. Individuals and groups could
engage in the peaceful expression of views via the Internet, including by e-mail.
Access to the Internet increased rapidly during the year but remained limited,
particularly outside major urban areas. According to International
Telecommunication Union statistics for the year, approximately 36 percent of the
country's inhabitants used the Internet compared to 20.6 percent in 2009. Of those
an estimated 80 percent were Internet users through mobile phones.
The law provides that the Office of the Commissioner for Data Protection to
handle complaints regarding the abuse or misuse of personal information in the
Internet. During the year there were no reports that the government attempted to
collect identifiable information on a person in connection with that person's
peaceful expression of political, religious, or ideological opinion.
Academic Freedom and Cultural Events
There were no government restrictions on academic freedom or cultural events.
ALBANIA 11
b. Freedom of Peaceful Assembly and Association
Freedom of Assembly
The constitution and law provide for freedoms of assembly and association, and
the government generally respected these rights in practice.
The law requires the organizers of gatherings in public places to notify police three
days in advance; there were no reports that police arbitrarily denied such
gatherings.
Freedom of Association
The constitution provides for freedom of association and the government generally
respected it in practice. The law prohibits the formation of any political party or
organization that is nontransparent or secretive; there were no reports that the
government used this provision against any group during the year.
c. Freedom of Religion
For a complete description of religious freedom, please see the 2010 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons
The constitution and law provide for freedom of movement within the country,
foreign travel, emigration, and repatriation, and the government generally
respected these rights in practice. The government cooperated with the Office of
the UN High Commissioner for Refugees (UNHCR) and other humanitarian
organizations in providing protection and assistance to internally displaced
persons, refugees, returning refugees, asylum seekers, stateless persons, and other
persons of concern.
Internal migrants must transfer their civil registration to their new community of
residence to receive government services and must prove they are legally
domiciled through property ownership, a property rental agreement, or utility bills.
Many persons could not provide this proof and thus lacked access to essential
services. Other citizens lacked formal registration in the communities in which
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they resided, particularly Roma and Balkan-Egyptians. The law does not prohibit
their registration, but it was often difficult in practice to complete.
The law prohibits forced exile, and the government did not employ it.
Protection of Refugees
The country's laws provide for the granting of asylum or refugee status, and the
government has established a system for providing protection to refugees.
In practice the government provided protection against the expulsion or return of
refugees to countries where their lives or freedom would be threatened on account
of their race, religion, nationality, membership in a particular social group, or
political opinion. Under the law, there is no time limit for requesting asylum, but
the government must make the decision regarding granting asylum within 101 days
of the initial request. The government generally complied with this time frame.
The government actively cooperated with the UNHCR and the Refugee and
Migrants Services Albania, which provided assistance to refugees.
The government provided temporary protection to refugees and provided it to 99
persons during the year.
In cooperation with international organizations, the government, through the EU's
Community Assistance for Reconstruction, Development, and Stabilization
program, prescreened undocumented migrants at all border crossing points. Under
the program, an NGO and government team assisted border police in identifying
undocumented migrants who were potential victims of trafficking, asylum-seekers,
or economic migrants.
Section 3 Respect for Political Rights: The Right of Citizens to Change Their
Government
The constitution and law provide citizens the right to change their government
peacefully, and citizens exercised this right in practice through periodic elections
based on universal suffrage.
Elections and Political Participation
In June 2009 the country held parliamentary elections that the OSCE ODIHR
election observation mission stated met most OSCE commitments but nevertheless
"did not fully realize the country's potential to adhere to the highest standards for
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democratic elections." The observation mission specifically cited problems in
administrative procedures with the vote count, "a highly polarized environment,"
biased media coverage, and procedural violations, such as proxy voting. ODIHR
observers assessed voting positively in 92 percent of voting centers.
The process through which political parties name electoral commissioners remains
opaque. According to the law, political parties should name electoral
commissioners 45 to 90 days prior to the election depending on their role.
However, political parties did not always follow the law in practice. As a result,
political parties often changed commissioners, or did not name them until shortly
before elections, preventing them from receiving the training required to execute
their duties effectively. Electoral commissioners were also susceptible to
interference from political parties.
At year's end the political impasse that followed the June 2009 election continued.
The SP, despite having certified the electoral results, boycotted parliament, called
for investigations into alleged electoral fraud, and blocked key legislation requiring
a parliamentary super majority, including the establishment of an administrative
courts system. The parliament's work has been obstructed by the ongoing political
impasse and neither the SP nor the government has shown a readiness to
compromise and end the deadlock. As a result, the parliament was not fully
functioning during the year, and the parliament approved almost no major
legislative proposals.
Political parties operated without restriction or outside interference. The country
has two major political parties, the Democratic Party (DP) and the SP and many
smaller parties. In the June 2009 elections, 34 parties campaigned freely
throughout the country. Political party financing was largely opaque.
Overall, women were poorly represented at the national and local levels of
government, despite commitments by the major political parties to increase their
representation. After the June 2009 elections, there were 23 women in the 140-seat
parliament, an increase from nine in the previous parliament. These included the
speaker and one woman in the Council of Ministers.
The law mandates that women fill 30 percent of appointed and elected positions,
and the electoral code provides that 30 percent of candidates should be women.
However, not all parties followed the electoral code, and many placed women's
names in low spots on the ballot, virtually assuring that they would not win a seat
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in the parliament under the country's regional proportional parliamentary system in
which votes are allocated to candidates in order of their appearance on the ballot.
Several members of the Greek minority served in parliament and in the executive
branch in ministerial and subministerial positions, including as the minister of
labor.
Section 4 Official Corruption and Government Transparency
The law provides criminal penalties for official corruption; however, despite
several arrests of high-level local and central government officials, government
corruption remained a major obstacle to meaningful reform. World Bank
governance indices for 2009 indicated that corruption was a serious problem
According to a corruption survey released during the year, 91.8 percent of
respondents think that corruption among public officials was either "widespread"
or "somewhat widespread." Respondents to the survey stated that customs and tax
officials, as well as doctors, were the most corrupt institutions and groups.
The government prosecuted corrupt officials and managed complaints regarding
corrupt police through the ombudsman and the Internal Control Service of the
Albanian State Police. However, broad immunity provisions for judges, members
of parliament, and other high level officials hindered the government's ability to
prosecute high-level corruption. Immunity can only be lifted by parliament or by a
High Council of Justice decision. The government's anticorruption task force
against organized crime coordinated anticorruption activities. The prime minister
headed the task force that included several ministers and heads of independent
state-owned agencies, such as the public electricity company and representatives of
the police and intelligence organizations.
The law prohibits government ministers and their close family members from
owning a company directly tied to their official responsibilities. Since its inception
in 2003, the High Inspectorate for the Declaration and Audit of Assets (HIDAA)
received assets declarations from officials. HIDAA is charged with the
implementation of the asset declaration law and the conflict of interest law. Each
year HIDAA collects nearly 4,000 asset declaration forms from politicians, public
servants, and the judiciary. HIDAA selected 4 percent randomly for a full
administrative investigation. HIDAA also investigated cases that the media, civil
society, or others referred to it. HIDAA's mandate is limited in that it conducts
administrative investigations and refers cases to prosecutors for additional
investigation. During the year HIDAA sent 14 cases to prosecutors for further
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investigation and facilitated the resolution of 197 conflict of interest cases. During
the year there were new officials who declared their assets for the first time.
HIDAA administers conflict of interest regulations; during the year it fined
individuals for delaying their submissions and fined 29 for conflict of interest.
During the year the Ministry of Interior reported that the state police investigated
1,931 cases related to corruption and financial crimes, and authorities arrested
359persons. The government confiscated approximately 835 million leks ($8
million) in assets. According to the Ministry of Interior, police dismantled
organized criminal groups during the year. However, organized crime remained a
serious problem.
The Joint Investigative Units to Fight Economic Crime and Corruption (JIU) are
multiagency units which investigated and prosecuted public corruption and other
financial crimes. There are seven JIUs, one in Tirana and six others throughout the
country, which investigate corruption and other financial crimes. Citizens referred
two judges, whom officials had asked for bribes in return for favorable rulings. The
JIUs also charged two prosecutors with corruption for accepting bribes related to
criminal cases. All of these cases were pending at year's end.
The JIUs were composed of police staff from the prosecutor's offices, the state
police, customs and tax police, and other relevant institutions. The JIUs used a
team structure to concentrate capacity and foster communication necessary for
effective investigations and prosecutions. The JIUs received direct referrals from
citizens.
The JIUs continued to bring cases in numerous sectors rife with corruption. In the
medical field, officials charged surgeons, anesthesiologists, and other medical
personnel with corruption for demanding payment to provide what should have
been free government services. Officials arrested traffic police officers in several
major cities on charges of corruption and abuse of office for accepting bribes in
lieu of traffic fines. Prosecutors charged customs officers and businessmen with
corruption and smuggling for allowing trucks to cross the border without paying
customs duties.
After an eight-month investigation into corruption in the importation of fuel, on
June 3, authorities arrested the director and two inspectors from the Fuel Inspection
Directorate in the Ministry of Economy for taking $100,000 in bribes ($10,000 per
ship cleared) over an eight-month period from a fuel importer in exchange for
issuing false technical inspection permits and customs clearances.
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In early 2009 the trial of several former government officials, including the former
head of the Property Restitution Commission and his lawyer on charges of
corruption, abuse of office, and falsification of documents. Prosecutors alleged that
the two orchestrated a scheme to transfer 135 acres of prime coastal land to a
family that had never owned or claimed to own the land. Due to many delays,
including the absence of defense attorneys on several occasions, the trial continued
at year's end.
During the year the prosecutor general made no further requests to lift the official
immunity of former minister of defense Fatmir Mediu in connection with the 2008
explosion at a military base where old ammunition was rendered safe in Gerdec. In
2009 the Supreme Court ruled that Mediu had official immunity upon his June
2009 reelection to parliament.
The lack of an independent, effective, and merit based civil service system remains
an impediment to fighting corruption and hinders the ability of the government to
serve its citizens effectively and transparently. Politicization of the civil service
recruiting system leads to high turnover in civil servants.
Corruption in the education system continued. University officials reportedly
required payments for students to gain admission. Officials sometimes required
bribes or sexual favors from students for them to matriculate or pass examinations.
Citizens and noncitizens, including foreign media, have the right to obtain
information concerning the activities of government bodies and persons who
exercise official state functions; however, citizens often faced serious problems in
obtaining information from public and government institutions.
The law requires public officials to release all information and official documents
with the exception of classified documents and state secrets. Most government
ministries and agencies posted public information directly on their Web sites.
However, businesses and citizens complained of a lack of transparency and the
failure to publish regulations or legislation that should be basic public information.
Section 5 Governmental Attitude Regarding International and Nongovernmental
Investigation of Alleged Violations of Human Rights
A number of domestic and international human rights groups generally operated
without government restriction, investigating and publishing their findings on
human rights cases. Government officials generally cooperated and responded to
ALBANIA 17
their views. During the year the government set up an agency for the support of
civil society which has the mandate to allocate state funding to NGOs. In
December 2009 a group of human rights NGOs collaborated to publish a human
rights report on the country and plans to issue another in 2011.
The ombudsman is the main human rights institution for promoting and enforcing
human rights. The ombudsman has the authority to monitor judicial proceedings
and inspect detention and prison facilities; the ombudsman can initiate cases in
which a victim is unwilling or unable to come forward. Although the ombudsman
lacked the power to enforce decisions, he acted as a monitor for human rights
violations. The most common cases included citizen complaints of police abuse of
power, lack of enforcement of court judgments in civil cases, wrongful dismissal,
and land disputes. The ombudsman reports to parliament annually.
In many cases the government took concrete steps to correct problems in response
to the findings of the ombudsman. Cooperation improved between the Ministry of
Interior and the ombudsman, and the government implemented some suggestions
made by the ombudsman.
The government cooperated with the UN and other international bodies, permitting
visits throughout the year.
The parliament has a committee on Legal Issues, Public Administration, and
Human Rights. However, this committee was largely ineffective on human rights
issues and remained constrained in its work by the SP boycott of parliament.
Section 6 Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, ethnicity, disability,
language, or social status; however, the government did not effectively enforce
these prohibitions, and discrimination persisted. On February 4, parliament
approved a new law on antidiscrimination. The law created the Office of the
Commissioner for Protection from Discrimination, which is to receive and process
complaints of discrimination. In May parliament named a commissioner; however,
the new institution suffered from inadequate funding and staffing.
Women
The criminal code penalizes rape, including spousal rape; however, victims rarely
reported spousal abuse, and officials did not prosecute spousal rape in practice.
ALBANIA 18
The concept of spousal rape was not well established, and authorities and the
public often did not consider it a crime. The law imposes penalties for rape and
assault depending on the age of the victim. For rape of an adult, the prison term is
three to 10 years; for rape of an adolescent between the ages of 14 and 18, the term
is five to 15 years and, for rape of a child under the age of 14, the sentence is seven
to 15 years.
Domestic violence against women, including spousal abuse, remained a serious
problem. During the year police reported cases of domestic violence and the
government pressed charges in cases. The Department of Equal Opportunities at
the Ministry of Labor, Social Affairs, and Equal Opportunity covers women's
issues, including domestic violence.
The government did not fund specific programs to combat domestic violence or
assist victims, although nonprofit organizations provided assistance. NGOs
reported that an estimated eight domestic violence hotlines operated. The hotlines,
serving mainly the northern part of the country, each received approximately 25
calls per month from women reporting some form of violence. NGOs operated four
shelters for battered women in Tirana, Vlora, Elbasan, and Gjirokaster. During the
year NGOs and police noted a substantial increase in reports of domestic violence,
primarily due to increased awareness of services and more trust in the police.
According to government figures, there were 1,744 cases of domestic violence
reported during the year, compared with 1,063 in 2009. Often the police do not
have the training or capacity to deal with domestic violence cases.
In many communities, particularly those in the northeast, women were subjected to
societal discrimination as a result of traditional social norms that considered
women to be subordinate to men.
The law prohibits sexual harassment; however, officials rarely enforced the law.
Reproductive rights are generally respected by the government. Couples and
individuals have the right to decide freely the number, spacing, and timing of their
children and have the information and means to do so free from discrimination,
coercion, and violence. Citizens have access to contraception. Under the law,
health care is provided to all citizens; however, the quality of and access to care,
including obstetric and postpartum care, was not satisfactory, especially in the
remote rural areas. According to 2008 UN estimates, the maternal mortality rate in
Albania is 31 deaths per 100,000 live births. Women are equally diagnosed and
treated for sexually transmitted infections, including HIV.
ALBANIA 19
The law provides equal rights for men and women under family law, property law,
and in the judicial system. Neither the law nor practice excluded women from any
occupation; however, they were not well represented at the highest levels of their
fields. The law mandates equal pay for equal work; however, the government and
employers did not fully implement this provision.
Children
On November 4, the parliament approved the law "For the Protection of the Rights
of the Child." This law provides the legal and institutional framework for
protecting children's rights.
In general parents must register their children in the same community where they
are registered. However, according to the Children's Rights Center of Albania
(CRCA), children born to internal migrants or those returning from abroad
frequently had no birth certificates or other legal documentation and, as a result,
were unable to attend school. This is a particular problem for Romani families as
well, who often marry young and fail to register their children.
The law provides for nine years of free education and authorizes private schools.
School attendance is mandatory through the ninth grade or until age 16, whichever
comes first; however, in practice many children left school earlier than the law
allowed to work with their families, particularly in rural areas. Parents must
purchase supplies, books, uniforms, and space heaters for some classrooms, which
was prohibitively expensive for many families, particularly Roma and other
minorities. Many families also cited these costs as a reason for not sending girls to
school.
As in previous years, child abuse, including sexual abuse, occurred occasionally,
although victims rarely reported it. In some cases children under the age of 18
engaged in prostitution. The penalties for the commercial sexual exploitation of
children range from fines to 15 years' imprisonment. The country has a statutory
rape law and the minimum age of consensual sex is 14. The penalty for statutory
rape of a child under the age of 14 is a prison term of five to 15 years. The law
prohibits making or distributing child pornography, and the penalties are a fine of
one to five million leks ($10,000 to $50,000) and a prison sentence of one to five
years. Child marriage remained a problem in many Romani families and typically
occurred when children were 13 or 14 years old.
ALBANIA 20
There were reports that orphans leaving the custody of the state at adulthood faced
significant challenges finding adequate housing and services.
Displaced and street children remained a problem, particularly Romani children,
who made up 90 percent of street children. Street children begged or did petty
work; some migrated to neighboring countries, particularly during the summer.
These children were at highest risk of trafficking, and some became trafficking
victims.
The country is a party to the 1980 Hague Convention on the Civil Aspects of
International Child Abduction. For information on international parental child
abduction, please see the Department of State's annual report on compliance at
http://travel.state.gov/abduction/resources/congressreport/congressreport_4308.htm
l.
Anti-Semitism
There were reportedly fewer than 100 Jews living in the country; there were no
known functioning synagogues or community centers and no reports of anti-
Semitic acts.
Trafficking in Persons
For information on trafficking in persons, please see the Department of State's
annual Trafficking in Persons Report at www.state.gov/g/tip.
Persons with Disabilities
The constitution and law prohibit discrimination against persons with physical,
sensory, intellectual, and mental disabilities; however, employers, schools, health
care providers, and providers of other state services sometimes discriminated
against persons with disabilities. The law mandates that new public buildings be
accessible to persons with disabilities, but the government only sporadically
enforced the law. Widespread poverty, unregulated working conditions, and poor
medical care posed significant problems for many persons with disabilities.
During the year the ombudsman continued to inspect mental health institutions and
found that while physical conditions in facilities in Vlora and Shkoder had
improved, they were not in compliance with standards and remained understaffed.
Inspections of the Tirana Psychiatric Hospital found that specific windows and
doors needed to be replaced for safety reasons. The ombudsman regularly conducts
ALBANIA 21
inspections throughout Albania and recommended a major legal, organizational,
and budgetary review of the country's mental health care system. The admission
and release of patients at mental health institutions was a problem due to lack of
sufficient financial resources to provide adequate psychiatric evaluations.
National/Racial/Ethnic Minorities
There were reports of societal discrimination. As visible minorities, members of
the Romani and Balkan-Egyptian communities suffered significant societal abuse
and discrimination.
The law permits official minority status for national groups and separately for
ethnolinguistic groups. The government defined Greeks, Macedonians, and
Montenegrins as national groups; Greeks constituted the largest of these. The law
defined Aromanians (Vlachs) and Roma as ethnolinguistic minority groups.
In October the Council of Ministers approved the National Action Plan for the
Roma and Egyptian Involvement Decade for 2010-15. The total budget for
implementing the five-year plan was expected to be nearly 2.5 billion leks ($23
million).
The ethnic Greek minority pursued grievances with the government regarding
electoral zones, Greek-language education, property rights, and government
documents. Minority leaders cited the government's unwillingness to recognize
ethnic Greek towns outside communist-era "minority zones"; to utilize Greek in
official documents and on public signs in ethnic Greek areas; to ascertain the size
of the ethnic Greek population; or to include a higher number of ethnic Greeks in
public administration.
During the year government prosecutors continued to appeal the dismissal of
charges against Vasil Bollano, the ethnic Greek mayor of Himara, who was found
guilty of abuse of office, but whose conviction was overturned on appeal in June
2009. The court convicted Bollano of destruction of government property after he
ordered the removal of several new road signs in the Himara district because they
were written in Albanian and English but not Greek.
Societal Abuses, Discrimination, and Acts of Violence Based on Sexual
Orientation and Gender Identity
ALBANIA 22
There are no laws criminalizing sexual orientation, and the law does not
differentiate between types of sexual relationships. There were lesbian, gay,
bisexual, and transgender (LGBT) organizations in the country. The groups
operated without interference from police or other state actors. There were reports
that individuals were beaten, fired from their employment, or subjected to
discrimination due to their sexual orientation. Often these cases went unreported.
NGOs claimed that police routinely harassed LGBT persons and transgender sex
workers.
Other Societal Violence or Discrimination
The country has a low prevalence of HIV/AIDS. There is a general social stigma
against persons with HIV/AIDS, although there were no reports of violence against
such individuals during the year. The country's legal structures prohibit
discrimination; however, implementation at times was lacking. Under the law, all
health services are provided free of charge.
Section 7 Worker Rights
a. The Right of Association
Workers have the right to form independent unions and they exercised this right in
practice; however, the law prohibits members of the military and senior
government officials from joining unions and requires that a trade union have at
least 20 members to be registered. Approximately 18 percent of the workforce
belonged to unions.
The law provides the right to strike for all workers except civil servants, and
workers exercised this right in practice. Civil servants do not have the right to
strike; this applies to the uniformed military, police, indispensable medical and
hospital personnel, persons providing air traffic control and prison services, and
both essential and nonessential workers in water and electrical utilities. The law
prohibits strikes that courts judge to be political.
b. The Right to Organize and Bargain Collectively
Citizens in all fields of civilian employment have the constitutional right to
organize and bargain collectively, and the law establishes procedures for the
protection of workers' rights through collective bargaining agreements. However,
ALBANIA 23
labor unions operated from a weak position. Unions representing public sector
employees negotiated directly with the government. Effective collective bargaining
remained difficult, and agreements were hard to enforce. During the year
parliament adopted a law requiring workers' representative bodies in enterprises
with 20 or more employees to inform workers of all problems affecting them and
their companies.
The law does not prohibit antiunion discrimination, and there were some reports of
such occurrences. According to the Independent Trade Union of Textile, Garment,
and Leather Workers, employers in the textile, garment, leather, and footwear
sectors engaged in antiunion behavior. Reportedly, they threatened international
relocation if workers unionized. In April the Constitutional Court overturned the
2009 law that could be used to sequester properties belonging to the country's trade
unions.
There are no export processing zones, free trade zones, or industrial parks.
Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor, including by children; however,
women and children were trafficked for sexual exploitation and labor. For more
information on forced or compulsory labor, please see the Department of State's
annual Trafficking in Persons report at www.state.gov/g/tip.
d. Prohibition of Child Labor and Minimum Age for Employment
The law criminalizes exploitation of children for labor or forced services; however,
the government did not enforce the law effectively. According to a CRCA estimate
released during the year, more than 50,000 children under 18 years of age worked
at least part time. The CRCA reported that the majority of child laborers worked as
street or shop vendors, beggars, farmers or shepherds, drug runners, vehicle
washers, textile factory workers, miners, or shoeshine boys. Research suggested
that begging started at a young age--as early as four or five years old. The criminal
code prohibits the exploitation of children for begging. Police generally did not
enforce this law.
The law sets the minimum age of employment at 16 years and regulates the
amount and type of labor that children under the age of 18 may perform. Children
between the ages of 16 and 18 years old can work in certain specified jobs. The
law provides that the Ministry of Labor, Social Affairs, and Equal Opportunity is
ALBANIA 24
responsible for enforcing minimum age requirements through the courts; however,
there were no reports of enforcement. Labor inspectors investigated the formal
labor sector, whereas most child labor occurred in the informal sector. Most of the
labor inspections occurred in shoe and textile factories, and some instances of child
labor were found in the course of these inspections.
In 2008 a massive explosion at a military base in the town of Gerdec, where old
ammunition was rendered safe, killed 26 persons, including several illegally
employed children, and injured hundreds of others, some seriously.
The government, together with several NGOs and international donors, had some
specific programs aimed at preventing illegal child labor. During the year the Child
Labor Unit at the Ministry of Labor continued to implement the second phase of its
child labor monitoring initiative in the regions of Elbasan and Shkoder. As a result
of those efforts, 362 children were withdrawn from various forms of employment
and returned to school. In addition the Ministry of Tourism has established a code
of conduct for preventing child sex tourism that was signed by 24 tourist agencies
and hotels.
e. Acceptable Conditions of Work
The national minimum wage was 20,000 leks ($190) per month. However, it was
not sufficient to provide a decent standard of living for a worker and family.
According to INSTAT, the average wage for government workers in the third
quarter of the year was 47,000 leks ($447) per month. The Albanian Institute of
Statistics also reported that average monthly wages in the public sector had
increased 6.4 percent from 2009. The Ministry of Labor, Social Affairs, and Equal
Opportunity has the responsibility for enforcing minimum wage compliance.
The law establishes a 40-hour workweek; however, individual or collective
agreements typically set the actual workweek. Many persons worked six days a
week. The law requires payment of overtime and rest periods; however, employers
did not always observe these provisions in practice. The government had no
standards for a minimum number of rest periods per week, no limits on the
maximum number of hours worked per week, and no regulations regarding
premium pay for overtime; it did not prohibit excessive compulsory overtime.
The Ministry of Labor, Social Affairs, and Equal Opportunity is responsible for
enforcing occupational health and safety standards and regulations; however,
enforcement was lacking overall. Workplace conditions were frequently very poor
ALBANIA 25
and, in some cases, dangerous. Workers at the Bulqiza mines continued to request
a lower retirement age. In response the government issued instead a salary increase
for miners who work beyond the age of 50. Other requests from miners included
better medical services for miners who have an accident at work and an
improvement of their legal status as miners. The respective Ministry of Economy,
Trade and Energy attempted in March to reinvigorate the mechanism of the Mines
Inspection and Rescue Unit which has been in place for the last 50 years. The
government also created a task force with a combination of central and local
authorities, the tax administration, and the state police to improve law enforcement
in the area.
Several accidents in the Bulqiza mines were reported during the year. Most
accidents involved collapses in the mines and were due to a lack of adequate safety
measures and procedures. In May a 65-year-old mineworker was reported to have
died in a work-related accident while working in one of the Bulqiza mines. During
the year media outlets continued to report that women and minors collected
chromium from mines to support their families.
The law does not provide workers the right to remove themselves from hazardous
situations without jeopardy to their employment.
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