Country Policy and Information Note
Albania: Actors of Protection
Version 2.0
December 2022
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Preface
Purpose
This note provides country of origin information (COI) and analysis of COI for use by
Home Office decision makers handling particular types of protection and human
rights claims (as set out in the Introduction section). It is not intended to be an
exhaustive survey of a particular subject or theme.
It is split into 2 parts: (1) an assessment of COI and other evidence; and (2) COI.
These are explained in more detail below.
Assessment
This section analyses the evidence relevant to this note - that is information in the
COI section; refugee/human rights laws and policies; and applicable caselaw - by
describing this and its inter-relationships, and provides an assessment of, in general,
whether one or more of the following applies:
• a person is reasonably likely to face a real risk of persecution or serious harm
• that the general humanitarian situation is so severe that there are substantial
grounds for believing that there is a real risk of serious harm because conditions
amount to inhuman or degrading treatment as within paragraphs 339C and
339CA(iii) of the Immigration Rules / Article 3 of the European Convention on
Human Rights (ECHR)
• that the security situation is such that there are substantial grounds for believing
there is a real risk of serious harm because there exists a serious and individual
threat to a civilian’s life or person by reason of indiscriminate violence in a
situation of international or internal armed conflict as within paragraphs 339C and
339CA(iv) of the Immigration Rules
• a person is able to obtain protection from the state (or quasi state bodies)
• a person is reasonably able to relocate within a country or territory
• a claim is likely to justify granting asylum, humanitarian protection or other form of
leave, and
• if a claim is refused, it is likely or unlikely to be certifiable as ‘clearly unfounded’
under section 94 of the Nationality, Immigration and Asylum Act 2002.
Decision makers must, however, still consider all claims on an individual basis,
taking into account each case’s specific facts.
Country of origin information
The country information in this note has been carefully selected in accordance with
the general principles of COI research as set out in the Common EU [European
Union] Guidelines for Processing Country of Origin Information (COI), April 2008,
and the Austrian Centre for Country of Origin and Asylum Research and
Documentation’s (ACCORD), Researching Country Origin Information – Training
Manual, 2013. Namely, taking into account the COI’s relevance, reliability, accuracy,
balance, currency, transparency and traceability.
The structure and content of the country information section follows a terms of
reference which sets out the general and specific topics relevant to this note.
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All information included in the note was published or made publicly available on or
before the ‘cut-off’ date(s) in the country information section. Any event taking place
or report/article published after these date(s) is not included.
All information is publicly accessible or can be made publicly available. Sources and
the information they provide are carefully considered before inclusion. Factors
relevant to the assessment of the reliability of sources and information include:
• the motivation, purpose, knowledge and experience of the source
• how the information was obtained, including specific methodologies used
• the currency and detail of information
• whether the COI is consistent with and/or corroborated by other sources.
Multiple sourcing is used to ensure that the information is accurate and balanced,
which is compared and contrasted where appropriate so that a comprehensive and
up-to-date picture is provided of the issues relevant to this note at the time of
publication.
The inclusion of a source is not, however, an endorsement of it or any view(s)
expressed.
Each piece of information is referenced in a footnote. Full details of all sources cited
and consulted in compiling the note are listed alphabetically in the bibliography.
Feedback
Our goal is to provide accurate, reliable and up-to-date COI and clear guidance. We
welcome feedback on how to improve our products. If you would like to comment on
this note, please email the Country Policy and Information Team.
Independent Advisory Group on Country Information
The Independent Advisory Group on Country Information (IAGCI) was set up in
March 2009 by the Independent Chief Inspector of Borders and Immigration to
support him in reviewing the efficiency, effectiveness and consistency of approach of
COI produced by the Home Office.
The IAGCI welcomes feedback on the Home Office’s COI material. It is not the
function of the IAGCI to endorse any Home Office material, procedures or policy.
The IAGCI may be contacted at:
Independent Advisory Group on Country Information
Independent Chief Inspector of Borders and Immigration
5th Floor
Globe House
89 Eccleston Square
London, SW1V 1PN
Email: chiefi[email protected]
Information about the IAGCI’s work and a list of the documents which have been
reviewed by the IAGCI can be found on the Independent Chief Inspector’s pages of
the gov.uk website.
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Contents
Assessment .................................................................................................................. 5
1. Introduction ......................................................................................................... 5
1.1 Scope of this note ....................................................................................... 5
1.2 5
2. Consideration of issues ...................................................................................... 5
2.1 Credibility ..................................................................................................... 5
2.2 Exclusion ..................................................................................................... 6
2.3 Protection .................................................................................................... 6
Country information .................................................................................................... 9
3 Legal rights ......................................................................................................... 9
4 Crime and punishment statistics ........................................................................ 9
5 Police .................................................................................................................. 9
5.1 Legal framework .......................................................................................... 9
5.2 Structure and organisation ........................................................................ 11
5.3 Effectiveness ............................................................................................. 12
5.4 Accountability and impunity ...................................................................... 13
5.5 Human rights violations............................................................................. 13
6 Judiciary ............................................................................................................ 14
6.1 Legal system, structure and budget ......................................................... 14
6.2 Reform ....................................................................................................... 15
6.3 Effectiveness ............................................................................................. 16
6.4 Fair and public trial .................................................................................... 17
6.5 Access to legal aid .................................................................................... 18
6.6 Independence............................................................................................ 19
6.7 Avenues of redress ................................................................................... 20
7 Witness protection ............................................................................................ 20
8 Organised crime and government action ......................................................... 20
9 Corruption ......................................................................................................... 22
10 Ombudsman – oversight of alleged human rights violations .......................... 24
Terms of Reference ................................................................................................... 26
Bibliography ............................................................................................................... 27
Sources cited ........................................................................................................... 27
Sources consulted but not cited .............................................................................. 28
Version control .......................................................................................................... 29
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Assessment
Updated on 2 December 2022
1. Introduction
1.1 Scope of this note
1.1.1 Whether, in general, those with a well-founded fear of persecution or serious
harm from non-state actors can seek effective state protection.
Official – sensitive: Start of section
1.2
1.2.1
1.2.2 The information in this section has been removed as it is restricted for
internal Home Office use.
1.2.3
Official – sensitive: End of section
Back to Contents
2. Consideration of issues
2.1 Credibility
2.1.1 For information on assessing credibility, see the instruction on Assessing
Credibility and Refugee Status.
2.1.2 Decision makers must also check if there has been a previous application for
a UK visa or another form of leave. Asylum applications matched to visas
should be investigated prior to the asylum interview (see the Asylum
Instruction on Visa Matches, Asylum Claims from UK Visa Applicants).
2.1.3 In cases where there are doubts surrounding a person’s claimed place of
origin, decision makers should also consider the need to conduct language
analysis testing (see the Asylum Instruction on Language Analysis).
Official – sensitive: Start of section
2.1.4 The information in this section has been removed as it is restricted for
internal Home Office use.
Official – sensitive: End of section
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2.2 Exclusion
2.2.1 Decision makers must consider whether there are serious reasons for
considering whether one (or more) of the exclusion clauses is applicable.
Each case must be considered on its individual facts and merits.
2.2.2 If the person is excluded from the Refugee Convention, they will also be
excluded from a grant of humanitarian protection (which has a wider range of
exclusions than refugee status).
2.2.3 For guidance on exclusion and restricted leave, see the Asylum Instruction
on Exclusion under Articles 1F and 33(2) of the Refugee Convention,
Humanitarian Protection and the instruction on Restricted Leave.
Official – sensitive: Start of section
The information in this section has been removed as it is restricted for
internal Home Office use.
Official – sensitive: End of section
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2.3 Protection
2.3.1 In general, protection is available. The government has taken reasonable
steps to prevent persecution by operating an effective legal system for the
detection, prosecution and punishment of acts constituting persecution,
which is accessible to people resident in Albania. However, decision makers
need to consider each case on its facts, with the onus on the person to
demonstrate why they would not be able to obtain protection.
2.3.2 While the Upper Tribunal (UT) of the Immigration and Asylum Chamber and
its predecessors have not considered whether protection exists in general,
the UT has held in a number of reported cases that the government is willing
and able to provide protection for a variety of particular groups:
• in the case of DM, heard on 15 March 2004 and promulgated on 1 April
2004, the Immigration Appeal Tribunal (IAT) held that there was
sufficiency of protection available to women suffering domestic violence
(see paragraphs 16 and 18)
• in the case of XM, heard on 21 May 2004 and promulgated on 2 July
2004, the IAT held ‘the Government of Albania is both able and willing to
provide adequate protection for the Appellant [as a victim of extortion].’
(paragraph 30)
• in the country guidance (CG) case of TD and AD, heard on 3 June 2015,
promulgated on 9 February 2016, which considered risks faced by female
victims of trafficking, the UT held ‘… There is in general a Horvath-
standard sufficiency of protection, but it will not be effective in every case.
When considering whether or not there is a sufficiency of protection for a
victim of trafficking her particular circumstances must be considered.’
(paragraph 119d)
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• in the CG case of BF, heard 23 October 2018 and promulgated on 29
March 2019, the UT held, ‘There exists in Tirana a generally effective
system of protection should an openly gay man face a risk of harm in that
city or from elsewhere in Albania.’ (paragraph 251(iv))
2.3.3 The available country evidence at the time of writing indicates that the
caselaw above continues to be applicable (i.e. that protection is generally
available) (See country information and the Country Policy and Information
Notes, Albania: Human trafficking, Albania: Blood feuds, Albania: Sexual
orientation and gender identity and Albania: Domestic abuse and violence
against women).
2.3.4 Albania has a set of laws in place, including the penal code, to prevent and
punish criminal acts and violations of fundamental rights (Legal rights).
2.3.5 The State Police are primarily responsible for internal security. The 2014
Law on State Police sets out the duties of the police, which include the
protection of persons and the prevention of crime, and indicates the
principles which the police must follow, including respect for human rights
and non-discrimination. There are 260 police officers per 100,000 people (by
contrast, there was an average of 225 police officers per 100,000 people in
England and Wales in 2021). Challenges for the police include limited
resources, corruption, and police impunity; the authorities are actively
addressing these issues, with an increase in investigations and sanctions in
2021 and the vetting of high-level police officers (see Crime and punishment
statistics, Police and Corruption).
2.3.6 While there are some reports of abuse, wrongdoing and inefficiency, this is
not indicative of a police system which is unwilling or unable to offer
protection. The government has introduced measures to combat corruption
in the police, including vetting senior officiers, while the Ministry of Interior’s
Service for Internal Affairs and Complaints investigated complaints of police
abuse and corruption. Additionally, the Office of the Ombudsman monitors
amd reports on prisons and detention centres and investigates complaints
from citizens (see Corruption, Human rights violations and Ombudsman –
oversight of human rights violations).
2.3.7 The United States Department of State Overseas Security Advisory Council
noted in 2021 that organised crime is a significant issue in terms of drug
trafficking, human trafficking, prostitution, extortion, bribery and money
laundering. However, the European Commission considered that the
Specialised Structure for Anti-Corruption and Organised Crime is functioning
and progress is being made in combating organised crime. The European
Commission found that further progress was required in prosecuting those in
positions of power and addressing human trafficking and money laundering,
amongst other issues (see Organised crime and government action).
2.3.8 There is a functioning judicial system, with the European Commission
assessing that good progress had been made in justice reform. Due process
guarantees are appropriate, with the right to a fair and public trial without
delay and the presumption of innocence until proven guilty, amongst others,
and the government generally respects these rights. Free legal aid is
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available and the witness protection programme is functioning satisfactorily
(see Judiciary and Witness protection).
2.3.9 The European Commission considered that there are challenges for the
judicial system, including lengthy proceedings and a low clearance rate;
however, progress is being made to accelerate the number of cases being
heard and determined. Sources note there continues to be corruption within
the system; however, the government continued to vet judges and
prosecutors, dismissing those with unexplained wealth or links to organised
crime. The European Commission reported that the ongoing judicial reforms
are reducing political influence in the judicial system (see Judiciary and
Corruption).
2.3.10 For further guidance on assessing state protection, see the Asylum
Instruction on Assessing Credibility and Refugee Status.
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Country information
This section was updated on 1 December 2022
3 Legal rights
3.1.1 The Constitution sets out provisions to protect basic rights and regulate
aspects of the state, including the High Courts
1
. The Penal Code provides
details of the various criminal laws in force and the penalties for committing
criminal offences
2
.
Back to Contents
This section was updated on 1 December 2022
4 Crime and punishment statistics
4.1.1 The Albanian Institute of Statistics (INSTAT) published a report entitled
‘Crime and Criminal Justice Statistics, 2021,’ which recorded a total of
35,175 criminal offenses in the year 2021, an increase of 7.5% on 2020. This
figure amounted to 125.1 criminal offences per 10,000 inhabitants in 2021,
compared to 115.4 in 2020
3
.
4.1.2 The INSTAT report further noted that the total number of registered criminal
proceedings by the authorities – where a criminal investigation has been
started - was 28,349 in 2021, an increase of 1.8% on 2020. Of the 25,688
completed, 23.3% were terminated (the prosecutor asked the court to
dismiss the case), 34.7% were suspended (‘the perpetrator was not
recognized’ or serious illness of the perpetrator prevents further
investigation) and 42% were sent to court for trial
4
.
4.1.3 The INSTAT report also stated that in 2021 there were ‘… 4,956 prisoners,
7.4 % more prisoners, compared to 2020. In relation to the population, in
2021 there are 18 inmates per 10 thousand inhabitants, from 16 prisoners in
the year 2020. Most prisoners are male persons, who account for 98.7% of
the total number of prisoners.’
5
4.1.4 The UN Office on Drugs and Crime website provides a range of statistics
covering drugs; homicide; sexual offences; prisons, prosecutions and
convictions for bribery, intentional homicide and rape; firearms trafficking;
and trafficking provided by the Albanian government.
Back to Contents
This section was updated on 1 December 2022
5 Police
5.1 Legal framework
5.1.1 In a periodic report covering events between 2014 and 2021, the Albanian
government submitted to the United Nations Committee on Economic, Social
1
Government of Albania, ‘Constitution of the Republic of Albania’, 1998 (amended in 2007)
2
Government of Albania, Penal Code of Albania, 1995
3
INSTAT, ‘Crime and criminal justice statistics, 2021’ (page 1), 5 May 2022
4
INSTAT, Crime and criminal justice statistics, 2021’ (page 4 and 8), 5 May 2022
5
INSTAT, Crime and criminal justice statistics, 2021’ (page 6), 5 May 2022
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and Cultural Rights (CESCR) on 2 September 2021 (CESCR report 2021):
‘Legal and sub-legal framework that regulates the activity of the State Police
constitutes and guarantees respecting of freedom and human rights, equal
treatment and without discrimination despite of gender, race, color,
language, religion, ethnicity, political, religious, philosophical convictions,
sexual orientation, economical, educational, social situation, parentage
belonging. Law no. 108 dated 31.07.2014 “On the State Police” determines
the fundamental principles directing the activity of the Police in particular:
nondiscrimination and respect of the fundamental freedoms and human
rights. In article 115 it is guaranteed the right of the escorted, detained and
arrested persons to file a request/complaint in regards to the attitude,
treatment, conditions of treatment, conduct of staff of the police, the violation
and abuses committed against them. In article 133 the rules for the use of
force by the Police are determined.’
6
5.1.2 The CESCR report 2021 provided information on the protection of the rights
of the persons detained from the Police:
‘… Law no. 108.2014 “On State Police”, amended, foresees: the right to
present a request/complaint verbally or by writing to the directors of the
police or other state institutions from every person detained, pre-detained or
arrested in the premises of the police office as well as every other citizen
related to the conduct and police actions, as well as the obligation of the
police to file, treat, resolve and send a response to the person who
presented the request/complaint.
‘… It is drafted and implemented the standard procedure of the work for the
treatment and safety of the persons detained/arrested in the premises of the
police office and the resolving of their requests/complaints. Part of the
standard procedure for treatment of the persons detained/arrested are the
rules on evidencing, treatment and resolving of the requests/complaints
presented by the pre-detained, detained and arrested persons. In 2019 the
Order no.925, dated 18.07.2019 is approved “On approval of the standard
procedure of work: “Treatment and safety of the persons arrested/taken into
custody in the premises of the State Police, evidencing and resolving of their
requests/complaints.” As well standard procedures of work “On technical
rules of escorting into the Premises of State Police are approved with the
order no.938, dated 24.07.2017 of the General Director of the State Police.
‘…During the period 2019- ongoing, General Directorate of State Police has
issued a number of administrative acts:
‘… Notice no. 3582, dated 02.05. 2019 “On implementation of the rules and
standard procedures for treatment and safety of the persons taken into
custody, arrested or detained, in the premises of local units of the police.”;
‘… Notice of General Director of the State Police (GDSP) no. 5669/2, dated
15.08.2019 “On human rights respecting during use of force in fulfillment of
the legal duties and responsibilities of State Police.”;
6
Govt of Albania, Fourth periodic report...., 3 November 2021
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‘… Letter of Request of the General Director of the State Police no. 5126,
dated 15.08.2019 “On prevention and elimination of the discriminating
conduct that affect their dignity.”;
‘… Letter of Request of the General Director of the State Police, no. 6104/3,
dated 02.09.2019 “On acknowledging the report and implementing of the
recommendation of the European Committee for Prevention of Torture for
respecting and guaranteeing of the rights of the persons deprived of their
freedom in the premises of State Police”;
‘… Letter of Request of the General Director of the State Police no. 278/1,
dated 15.01.2020 “On the correct implementation of law and respect of the
human rights, in particular of the rights of the children, during execution of
the police procedural actions from the staff of State Police.”;
‘… Notice no. 1449/2, dated 02.03.2020 “On implementation of the rules and
standard procedures for safety and treatment of the arrested/taken into
custody and detained in the premises of police units.”;
‘In point 80 of the draft-report it is suggested to add the following
administrative acts as well:
‘… Letter of Request of the General Director of the State Police no. 4641/2
dated 26.08.2020 “On escorting/taken into custody of the persons,
respecting and guaranteeing of their rights in the premises of State Police,
pursuant to legal and sub-legal acts;
‘… Notice of the General Director of the State Police, no.293, dated
16.02.2021 “On respecting and guaranteeing of the rights of the persons
when taken into custody, detention or arrest in the premises of State Police,
as well as the right of organization, participation and peaceful demonstration
of the minors.”’
7
5.1.3 See also Corruption for the vetting of police to combat corruption.
Back to Contents
5.2 Structure and organisation
5.2.1 The United States Department of State’s Human Rights Report for Albania
covering the year 2021 (USSD HR Report 2021) explained that ‘The Ministry
of Interior oversees the Guard of the Republic and the State Police, which
includes the Border and Migration Police. The State Police are primarily
responsible for internal security.’
8
5.2.2 The European Commission’s Albania October 2022 Report, covering events
between June 2021 and June 2022 (the ‘EC Albania Report 2022’) stated:
‘The Albanian State Police (ASP) has a total of 11,804 officers, equivalent to
260 officers per 100,000 inhabitants, compared with an EU average of 333
per 100,000 inhabitants (Eurostat, 2018-2020) [or around 225 officers per
7
Govt of Albania, Fourth periodic report...., 3 November 2021
8
USSD, HR Report 2021; Albania (Exec. Summary), 12 April 2022
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100,000 in England and Wales
91011
]. Staff rotations are frequent, affecting
the ASP operational capacity. After the transfer of some of the former
Serious Crime Prosecution Office’s competences to local prosecution
offices, judicial police officers need further training to investigate, in particular
on financial crime, money laundering and illicit trafficking offences. Albania
should provide the relevant institutions with adequate resources in order to
ensure continuity in the fight against organised crime.’
12
5.2.3 The CESCR report 2021 noted training of law enforcement personnel,
stating, ‘…The legislation on justice reform has made the continuing training
of prosecutors and judicial police officers mandatory… Central and
independent institutions, such as … the General Directorate of State Police
… have developed training on the recognition and implementation of
international conventions or the legal framework on human rights, according
to areas.’
13
5.2.4 For more on the police’s structure and organistion, see the Immigration and
Refugee Board of Canada’s response, ALB105256.E, ‘Albania: The Albanian
State Police (ASP), including its structure and locations; police corruption;
police misconduct; procedures to submit a complaint against police and
responsiveness to complaints (2011-2015)’, 15 September 2015.
Back to Contents
5.3 Effectiveness
5.3.1 The USSD Overseas Advisory Council (OSAC) Country Security Report for
Albania dated October 2021 stated:
‘Corruption and barriers to information sharing among government agencies,
insufficient intra-agency coordination, and a poorly functioning judicial
system continue to hinder Albania’s law enforcement efforts at all levels….
Once Albania establishes the Special Anti-Corruption and Organized Crime
Structure (SPAK), jurisdiction over terrorism cases involving an organized
group will fall under SPAK purview. District prosecution offices will prosecute
all other [counter-terrorism] CT cases. Law enforcement services cooperate
extensively with INTERPOL and other international law enforcement bodies.
‘… Police now have a visible presence throughout Tirana and other larger
Albanian cities, although their response is often delayed due to limited
resources and manpower. Police tend to respond more rapidly to reports
from members of the international community.
‘The Albanian government is trying to make a concerted effort to improve the
country’s law enforcement capabilities, particularly in the areas of
counterterrorism and organized crime. Corruption and lack of resources
within the police present continual challenges.’
14
9
UK Home Office, ’Police workforce, England and Wales…’, 30 March 2022
10
UK Office for National Statistics, ‘Population and household estimates…’, 28 June 2022
11
UK Home Office data for number of full time equivalent police officers to the end of March 2021 was
just over 135,000 in England and Wales’; the Cemsus 2021 data estimated that there just under
60million people in England and Wales as of March 2021
12
EC, Albania Report 2022 (page 39), 12 October 2022 2
13
Govt of Albania, Fourth periodic report...., 3 November 2021
14
OSAC, Albania Country Security Report, 22 October 2021
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5.3.2 The USSD HR Report 2021 stated:
‘Police did not always enforce the law equitably. Personal associations,
political or criminal connections, deficient infrastructure, lack of equipment,
and inadequate supervision often influenced law enforcement. Authorities
continued to address these problems by renovating police facilities,
upgrading vehicles, and publicly highlighting anticorruption measures. The
government established a system for vetting security officials and, as of
November 2019, had completed vetting 32 high-level police and SIAC
leaders.’
15
Back to Contents
5.4 Accountability and impunity
5.4.1 The USSD HR Report 2021 stated:
‘The government made greater efforts to address police impunity, most
notably in the single case of excessive use of deadly force. The SIAC
[Ministry of Interior’s Service for Internal Affairs and Complaints] recorded an
increase in the number of investigations, prosecutions, and sanctions
against officers for criminal and administrative violations. The December
2020 deadly police shooting of a COVID curfew violator who fled arrest led
to widespread protests, some violent. The officer involved was arrested soon
after the shooting and was convicted of homicide in July, receiving a 10-year
prison sentence, reduced from 15 years due to his guilty plea.’
16
5.4.2 The EC report 2022 noted that, ‘Of the 300 high-level officials of the state
police, Guard of the Republic and Service for Internal Affairs and Complaints
(SIAC) 66 were vetted, leading so far to 6 dismissals and 7 resignations. The
vetting process remains crucial to restore public trust in the judiciary and the
law enforcement bodies of the state.’
17
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5.5 Human rights violations
5.5.1 The USSD HR Report 2021 noted that the ‘[c]ivilian authorities maintained
effective control over the security forces…. [however] [t]here were some
allegations of abuses by members of the security forces.’
18
However, the
reference to ‘some’ allegations of abuse is not an indication that abuse took
place in general.
5.5.2 The USSD HR Report 2021 stated:
‘While the constitution and law prohibit such actions, there were allegations
that police sometimes abused suspects and prisoners. For example, the
Albanian Helsinki Committee (AHC) reported a case of physical abuse of a
minor while in police detention. Medical staff did not report the corroborating
physical examination showing bruising to the head and arm to the
prosecutor’s office. Responding to the incident, the general director of police
mandated training focused on criminal procedural rights of juveniles…
15
USSD, HR Report 2021; Albania (section 4), 12 April 2022
16
USSD, HR Report 2021; Albania (section 1.c), 12 April 2022
17
EC, Albania Report 2022 (page 23), 12 October 2022
18
USSD, HR Report 2021; Albania (Executive summary), 12 April 2022
Page 14 of 29
Ministry of Interior’s Service for Internal Affairs and Complaints (SIAC)
received complaints of police abuse and corruption that led to investigations
of police actions. The Office of the Ombudsman, an independent,
constitutional entity that serves as a watchdog over the government,
reported that most cases of alleged physical or psychological abuse during
the year occurred during arrest and interrogation, especially in cases of
public protest.’
19
5.5.3 The USSD HR Report 2021 also noted:
‘In December 2020, State Police shot and killed a man in Tirana who was
violating a COVID-19 curfew. The officer who shot him was arrested, tried,
and convicted for the killing. The minister of internal affairs resigned
following protests in response to the killing. There were no other reports that
the government or its agents committed arbitrary or unlawful killings. Civilian
law enforcement agencies such as the State Police investigated whether
civilian security force killings were justifiable and pursued prosecutions for
civilian agencies. Military law enforcement conducted investigations of
killings by the armed forces.’
20
Back to Contents
This section was updated on 1 December 2022
6 Judiciary
6.1 Legal system, structure and budget
6.1.1 An undated entry on the New York University School of Law (NYUSL)
website stated:
‘Albania’s legal system is a civil law one, modeled after the French law
system. The Constitution has the highest legal authority followed by ratified
international agreements, which prevail over domestic laws, and judicial acts
issued by the executive branch. Lower court decisions and holdings do not
confer or establish legal precedents. Judicial power in Albania is exercised
through the courts of first instance, appeal courts and lastly, the Supreme
Court, which has final appellate authority.’
21
6.1.2 In the Albania Report 2022, the European Commission noted:
‘Albania had 307 full-time judge positions (10.8 per 100,000 inhabitants) and
300 full-time prosecutor positions (10.5 per 100,000 inhabitants) in 2021.
According to the European Commission for the Efficiency of Justice
(CEPEJ), the European averages are 21 judges and 12 prosecutors per
100,000 inhabitants. The 2021 budgetary allocation for the judicial system
was about EUR 40 million [ust under £35million
22
]. This amounts to EUR
14.5 [£12.62
23
] per inhabitant. Court infrastructure remains poor overall and
future budget allocations need to address with greater determination the
pressing needs of the judicial institutions.’
24
19
USSD, HR Report 2021; Albania (Section 1.c), 12 April 2022
20
USSD, HR Report 2021; Albania (Section 1.a), 12 April 2022
21
NYUSL, ‘Update: Researching the Albanian Legal System’, July/August 2019
22
Xe Currency Converter, 1 EUR = 0.870423 GBP, 19 October 2022
23
Xe Currency Converter, 1 EUR = 0.870423 GBP, 19 October 2022
24
EC, Albania Report 2022 (page 21), 12 October 2022
Page 15 of 29
6.1.3 A European Commission for the Efficiency of Justice (CEPEJ) report of July
2021, ‘HFII: Towards a better evaluation of the results of judicial reform
efforts in the Western Balkans “DASHBOARD Western Balkans,”’ based on
information collected in 2020 (CEPEJ report 2020), noted:
‘In 2020, Albania spent 41 359 048€ [just under £36million] as implemented
Judicial System budget. Thus, it spent 14,53€ per inhabitant, which is
remarkably less than the Western Balkans (WB) median of 37,8€. Albania
had indeed the lowest budget per inhabitant in the region. In 2020, 56,9%
was spent for all courts, 42,8% for prosecution services, 0,3% for legal aid.
However, over the three-year period (2018 – 2020), Albania increased the
budget spent for Courts, from 5,9€ per inhabitant in 2018 to 8,3€ in 2020
(compared to 2019, the budget allocated for courts was increased by
10,2%). Moreover, after the approval of the legal aid reform in 2018, Albania
has channelled a higher amount of funds for legal aid (+109,8% in 2020
compared to 2019). The amount of budget coming from external donors is
difficult to calculate. This is because funds are often allocated on projects
that last longer than one year and involve not only justice system but also
other areas. Furthermore, it is difficult to identify how much is directly or
indirectly allocated to courts, prosecutor offices and legal aid. However,
Albania was able to estimate the ratio between external donors funding and
whole justice system budget, which was around 9%.’
25
Back to Contents
6.2 Reform
6.2.1 The USSD HR Report 2021 observed:
‘The government continued to implement an internationally monitored
process to vet judges and prosecutors and dismiss those with unexplained
wealth or ties to organized crime. As of September, 42 percent of the judges
and prosecutors vetted had failed and been dismissed, 36 percent passed,
and 22 percent resigned or retired. During the year the number of vetted
Supreme Court judges grew to fill nine of the 19 seats on the court.
Assignments of vetted judges were sufficient to establish administrative, civil,
and penal colleges and allow courts to begin adjudicating cases. The
Supreme Court, however, must have at least 10 judges to be able to elect
the remaining three Constitutional Court judges….’
26
6.2.2 The USSD further noted:
'The implementation of justice reform provisions led to a pause in normal
disciplinary processes while the country established independent disciplinary
bodies. From January through September 8, the country’s High Justice
Inspectorate received 875 complaints that resulted in the issuance of 740
decisions on archiving and 120 decisions on the verifications of complaints.
It also administered 24 disciplinary investigations, nine of which were carried
over from the previous Inspectorate at the High Judicial Council. The High
Justice Inspectorate also submitted nine requests for disciplinary
proceedings against magistrates to the High Judicial Council and High
25
CEPEJ, ‘HFII: Towards a better evaluation…’ (page 2), 8 July 2021
26
USSD, HR Report 2021; Albania (Section 1.e), 12 April 2022
Page 16 of 29
Prosecutorial Council.’
27
6.2.3 The EC Albania report 2022 considered:
‘Albania has some level of preparation/is moderately prepared in
implementing the EU acquis and European standards in the area of the
judiciary and fundamental rights. Good progress was made, in particular
through continued implementation and consolidation of the comprehensive
justice reform. There have been two additional appointments to the
Constitutional Court, which further enhance the court’s ability to perform its
mandate. The High Court has increased its efficiency with the appointment
of six additional judges, and has started to reduce its backlog of cases and
to unify the case-law. The vetting process for judicial appointments has
continued to advance steadily. Operational efforts to fight corruption are
delivering some results, including criminal procedings and financial
investigations in several high-level cases, which resulted in a few final
convictions. These efforts need to continue and intensify. On fundamental
rights, there was some progress in a number of areas, but efforts to
implement policies should continue…
‘Albania is moderately prepared on the functioning of the judiciary. Good
progress was made, with the continued implementation of justice reform. A
time-limited constitutional extension of the term in office of the vetting bodies
was adopted, thus ensuring uninterrupted and consistent continuation of the
vetting process. To date, 64 % of the vetting dossiers processed have
resulted in dismissals, resignations or termination of mandate of vetted
magistrates. Following new appointments of judges, the High Court has
reduced the backlog of cases for the first time in six years and reached the
quorum to make appointments of judges to the Constitutional Court,
proceeding with one such appointment. The Specialised Structure for Anti-
Corruption and Organised Crime (SPAK) Court delivered several important
decisions pertaining to high-level officials, including a former Minister of the
Interior and a former Prosecutor General. Limited progress was made on the
recommendation to improve the case management system and the legal
training system, which has been pending for some years.’
28
6.2.4 See also Corruption for discussion of the vetting process.
Back to Contents
6.3 Effectiveness
6.3.1 The USSD HR Report 2021 observed: ‘Although the constitution provides for
an independent judiciary, political pressure, intimidation, corruption, and
limited resources prevented the judiciary from functioning fully,
independently, and efficiently…
29
6.3.2 Freedom House’s Nations in Transit report 2022, Albania, covering events in
2021, written by Dr Andi Hoxhaj, a lecturer at Warwick Law School, (FH NinT
report 2021), and based on a range of sources, observed:
‘During the year, Albania’s judicial system continued the structural and
27
USSD, HR Report 2021; Albania (Section 1.e), 12 April 2022
28
EC, Albania Report 2022 (p16 and 17), 12 October 2022
29
USSD, HR Report 2021; Albania (Section 1.e), 12 April 2022
Page 17 of 29
institutional changes begun in 2016, in particular, the vetting process for
judges and prosecutors, which is the main component of the justice reform
yet has moved at a snail’s pace… This delay has created additional legal,
social, and political challenges, especially regarding access to justice, as
nearly 35,000 cases are pending adjudication in courts… due to the lack of
magistrates.’
30
6.3.3 With regard to the backlog of court cases, the USSD HR Report 2021 noted:
‘As of July 31 [2021], the Supreme Court had a backlog of 36,608 cases
pending adjudication.’
31
While the EC Albania report 2022 noted:
‘The length of proceedings, the low clearance rate and the high number of
unresolved cases continue to affect the efficiency of the judicial system.
‘Appeal courts continue to have a high number of inherited cases and are
affected by the high number of judicial vacancies, with only 30 out of 78
appeal judges in office. Albania adopted a new judicial map as per the legal
requirements, following... The average length for a case at appeal level is
893 days. However, at the Tirana Appeal Court, the average length for a
criminal case is 5 820 days.
‘The courts with the highest backlog are the High Court, the Tirana District
Court and the Administrative Court of Appeal. The latter has 18 415 cases,
of which 9 938 are older than two years. The High Court has the highest
backlog with over 35 822 cases, of which 27 843 are older than two years
(77%). However, following the new appointments to the High Court, the
clearance rate has increased considerably to 117% for criminal cases and
193% for administrative cases. The recruitment of new administrative and
legal experts, the improvement of working methods and the increase of
communication and transparency remain key tasks.’
32
6.3.4 In the Albania Report 2022 on EU enlargement, the European Commission’s
recommendations included:
• ‘further advance the process of re-evaluating judges and prosecutors
(vetting) and, where possible, increase the pace of procedures with due
regards to the quality of the process;
• ‘consolidate efforts to enhance the efficiency and transparency of all
courts and prosecution offices, including through fast and decisive action
to set up a modern Integrated Case Management System and with the
rollout of a solid implementation plan for the new judicial map;
• ‘continue to consolidate the capacity of the judicial system and its self-
governing institutions, while making quality and efficiency improvements
at the School of Magistrates.’
33
Back to Contents
6.4 Fair and public trial
6.4.1 In the Freedom in the World 2022 Report, covering events in 2021, Freedom
30
FH, NinT report 2021 (Judicial Framwork and Independence), April 2022
31
USSD, HR Report 2021; Albania (Section 1.e), 12 April 2022
32
EC, Albania Report 2022 (page 21), 12 October 2022
33
EC, Albania Report 2022 (page 17), 12 October 2022
Page 18 of 29
House (FH report 2021) stated, ‘Constitutional guarantees of due process
are upheld inconsistently. Trial procedures can be affected by corruption
within the judicial system and are sometimes closed to the public.’
34
6.4.2 The USSD HR Report 2021 stated: ‘The constitution and law provide for the
right to a fair and public trial without undue delay… The government
generally respected these rights, although trials were not always public and
access to an attorney was at times problematic. To protect the rights of
defendants and their access to the evidence against them, a prosecutor
must petition a preliminary hearing judge and make a request to send the
case to trial.’
35
6.4.3 The report added, ‘Court hearings were generally open to the public unless
COVID-19 restrictions did not allow for journalists or the public to enter court
premises. In such cases, media submitted complaints to the court, which
reviewed them on a case-by-case basis and generally allowed journalists
and the public to attend hearings if the case was of interest to the general
public.’
36
Back to Contents
6.5 Access to legal aid
6.5.1 The CEPEJ report 2020 stated:
‘… following the approval of the legal aid law, the budget of legal aid was
increased substantially to provide for primary and secondary legal aid.
‘The Law on Legal Aid entered into force on 1 June 2018. It foresees a
comprehensive system of Primary Legal Aid (out of court support),
Secondary Legal Aid (representation by an advocate in a court procedure),
exemption from court fees and court costs. Possible providers of primary
legal aid are specially trained officers in primary legal aid service centers,
NPOs, and Legal clinics. In 2020, 8 legal clinics were expected to be
opened.
‘This led to a significant increase in the number of cases granted with legal
aid, from 270 cases in 2019 to 1 926 cases in 2020. However, the number of
cases per 100.000 inhabitants (68) remained well below the [West Balkans]
WB median (306).’
37
6.5.2 The FH report 2021 noted that ‘Legal counsel is not always provided to
those that cannot afford their own; however, a number of local NGOs offer
free legal aid to those unable to access legal services through the state.’
38
6.5.3 The USSD HR Report 2021 stated:
‘Despite having a statutory right to free legal aid in civil cases, NGOs
reported that very few individuals benefitted from such aid during the year.
To address the problem, the Ministry of Justice established the Free Legal
Aid Directorate, law clinics at state universities, an online platform during the
34
Freedom House, ‘Freedom in the World 2022’ (Albania), 24 February 2022
35
USSD, HR Report 2021; Albania (Section 1.e), 12 April 2022
36
USSD, HR Report 2021; Albania (Section 1.e), 12 April 2022
37
CEPEJ, ‘HFII: Towards a better evaluation…’ (page 2), 8 July 2021
38
Freedom House, ‘Freedom in the World 2022’ (Albania), 24 February 2022
Page 19 of 29
COVID-19 pandemic, and a telephone line to request free legal aid. The
ongoing vetting process and legal mechanisms put in place by the high
justice inspector to regulate the disciplining of judges also aimed to mitigate
such problems.’
39
6.5.4 The EC Albania report 2022 stated:
‘…the legal basis for free legal aid is complete and is being applied. Primary
and secondary legal aid are delivered at central and local level. The number
of people that have benefited from free legal aid has increased considerably
since the approval of the law in 2017. Despite the legal framework on free
legal aid and institutional set up to guarantee it, only few children benefit
from legal aid compared with the number of children involved in criminal law,
family and civil law and administrative law processes. The budget allocated
for legal aid in 2021 amounted to EUR 547,696 [over £477,000], an increase
of 31% against the previous year. The budget implemented in 2021
amounted to EUR 245,739 [over £214,000] (up from EUR 140,488 [over
£122,000] in 2020). However, the dedicated state budget should be further
increased to make the legal clinics fully functional.’
40
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6.6 Independence
6.6.1 The FH report 2021 noted: ‘The constitution provides for an independent
judiciary, but the underfunded courts are subject to political pressure and
influence, and public trust in judicial institutions is low. Corruption in the
judiciary remains a serious problem, and convictions of high-ranking judges
for corruption and abuse of power are historically rare.’
41
6.6.2 The USSD HR Report 2021 stated that ‘Although the constitution provides
for an independent judiciary, political pressure, intimidation, corruption, and
limited resources prevented the judiciary from functioning fully,
independently, and efficiently… the politicization of past appointments to the
Supreme Court and Constitutional Court at times threatened to undermine
the independence and integrity of these institutions.’
42
6.6.3 The report further noted that ‘While individuals and organizations may seek
civil remedies for human rights violations, instances of judicial corruption,
inefficiency, intimidation, and political tempering were reported. Courts took
steps to address the problem by using audio-recording equipment.’
43
6.6.4 In the Albania Report 2022, the European Commission noted that ‘The
system for recruiting, selecting, appointing, transferring, and dismissing
judges and prosecutors is managed exclusively by the self-governing
institutions of the judiciary. Continued implementation of judicial reform
further reduced political influence throughout the appointment process, thus
ensuring a merit-based career system.’
44
39
USSD, HR Report 2021; Albania (Section 1.e), 12 April 2022
40
EC, Albania Report 2022 (page 36), 12 October 2022
41
Freedom House, Freedom in the World 2022 (Albania), 24 February 2022
42
USSD, HR Report 2021; Albania (Section 1.e), 12 April 2022
43
USSD, HR Report 2021; Albania (Section 1.e), 12 April 2022
44
EC, Albania Report 2022 (page 20), 12 October 2022
Page 20 of 29
Back to Contents
6.7 Avenues of redress
6.7.1 In the Albania Report 2022, the European Commission stated:
‘The High Justice Inspector (HJI) continued to be fully operational, initiating
and conducting disciplinary investigations against magistrates. The HJI
continued to be understaffed and could not reduce the accumulated backlog,
despite the allocation of additional staff and premises, and an increased
budget. The recruitment of additional inspectors and improvement of HJS’s
capacity remain necessary. During the reporting period [June 2021 to June
2022], the HJI received 1,257 complaints. It processed 4,124 complaints in
total and started 22 investigations, of which 17 resulted in disciplinary
proceedings.’
45
6.7.2 The USSD HR Report 2021 stated:
‘Claimants who had exhausted remedies in domestic courts could appeal to
the European Court of Human Rights (ECHR). In many cases, authorities did
not enforce ECHR rulings. The Office of the Ombudsman expressed concern
about the country’s low rate of compliance with judicial decisions and its
failure to execute the final rulings of courts and the ECHR. The ombudsman
cited the state attorney’s reporting that millions of euros in compensation had
yet to be paid by the government to successful complainants.’
46
Back to Contents
This section was updated on 1 December 2022
7 Witness protection
7.1.1 In the Albania Report 2022, the European Commission reported that the
witness protection programme had worked satisfactorily, with 24 witness
protection operations performed in 2021, compared to 19 in 2020
47
.
Back to Contents
This section was updated on 1 December 2022
8 Organised crime and government action
8.1.1 The USSD OSAC published a Country Security Report on Albania in
October 2021 which noted that, ‘Organized crime has a noted impact on
Albania, which hosts a network of criminal organizations involved in drug
trafficking, extortion, bribery, money laundering, prostitution, and human
trafficking.’
48
8.1.2 In the Albania 2022 Report, the European Commission stated:
‘The Specialised Structure for Anti-Corruption and Organised Crime (SPAK),
comprising the Special Prosecution Office (SPO) and the National Bureau of
Investigation (NBI), continued its operations. After a budget increase in
2021, the SPO now has 17 prosecutors in place, the recruitment of eight
45
EC, Albania Report 2022 (page 19), 12 October 2022
46
USSD, HR Report 2021; Albania (Section 1.e), 12 April 2022
47
EC, Albania Report 2022 (page 43), 12 October 2022
48
OSAC, Albania Country Security Report, 22 October 2021
Page 21 of 29
financial investigators is underway and the NBI reached its full operational
capacity of 60 investigators after a second round of recruitment…
‘Albania has some level of preparation in the fight against organised crime. It
made some progress in meeting last year’s recommendations... The country
progressed steadily in the implementation of the Financial Action Task Force
(FATF) Action Plan to improve effectiveness in the field of anti-money
laundering, but Albania remained on the list of jurisdictions under increased
monitoring. Financial investigations need to accompany systematically
criminal proceedings. Albania adopted a new national cross-sector counter-
terrorism strategy and action plan in December 2020.’
49
8.1.3 The report summarised progress made in dealing with organised crime by
the Albanian state as follows:
‘The country has some level of preparation in implementing the EU acquis in
this area. Some progress was made in meeting last year’s
recommendations. The cooperation with EU Members States, Europol and
Eurojust has remained strong and fruitful. Albania continued to show
commitment to counter the production and trafficking of cannabis. Good
progress was made with regards to the seizure and confiscation of assets
linked to organised crime, and must continue in the future. Efforts also need
to continue to ensure increased prosecutions and final convictions,
especially at high-level. Countering cybercrime, trafficking in human beings
and money laundering remain areas in which additional results are needed.
All forms of child sexual abuse online should be criminalised and persecuted
[sic, prosecuted].’
50
8.1.4 The report also noted progress regarding the Specialised Anti-corruption and
Organised Crime Structures:
‘The Specialised Anti-corruption and Organised Crime Structures (SPAK)
have started to build track record of investigations and convictions on
organised crime with 48 new investigations and 128 convictions (for 418
persons) at first instance and 41 final convictions (116 persons) at appeal
level in 2021. The Special Prosecution Office now has 17 prosecutors in
place. NBI [National Bureau of Investigation] currently has access to five
databases and has engaged in bilateral agreements to access nine
additional ones by the end of 2022. This trend should continue and NBI
should be given access to all databases bringing value to their
investigations.
‘The second batch of investigators for the National Bureau of Investigation …
– 32 individuals - have been selected and vetted. They completed their four
months of initial training and took up duty in June 2022, thus filling the 60
positions of NBI investigators. NBI has signed a number of agreements with
other law enforcement agencies allowing in particular access of NBI
investigators to databases of the Albanian State Police and of the General
Directorate for Taxation.’
51
8.1.5 The EC Albania report 2022 also provided information about prosecutions
49
EC, Albania Report 2022 (page 4), 12 October 2022
50
EC, Albania Report 2022 (page 38), 12 October 2022
51
EC, Albania Report 2022 (page 39), 12 October 2022
Page 22 of 29
and convictions for organised crime:
‘Albania pursued its efforts towards building a track record on fighting
organised crime. In 2021, there were 41 new cases referred to prosecution
(up from 22 in 2020); 14 indictments for a structured criminal group in 2021
(against 15 in 2020) and 19 cases were closed with 75 persons with final
convictions at appeal level (compared with 13 persons in 2020).
‘In 2021 the Special Prosecution Office (SPO) initiated 304 criminal
proceedings – 92 for organised crime and 212 for corruption, which
represents an increase of 50% compared with the year before. During the
same period, 31 criminal procedures for corruption and 15 procedures for
organised crime were sent to trial. 23(against 94 defendants) convictions at
first instance were reached by the special court and 52 (against 136
defendants) at appeal level in 2021.’
52
8.1.6 The same report observed, ‘Law enforcement authorities’ response to
organised crime, notably the investigation of large criminal networks, needs
to be more proactive and systematic. Special units within the police and
prosecution have access to 40 national registers, but they still lack direct
access to the electronic register of mobile phone subscribers and IP
addresses from internet service providers.’
53
Back to Contents
This section was updated on 1 December 2022
9 Corruption
9.1.1 The USSD HR Report 2021 observed generally that ‘Corruption was
pervasive in all branches of government, and officials frequently engaged in
corrupt practices with impunity.’
54
Similarly, in its report covering events in
2021, FH noted: ‘Corruption is pervasive, and the EU has repeatedly called
for rigorous implementation of antigraft measures, particularly for corruption
within the judiciary.’
55
The FH NinT report 2021 explained: ‘According to
Transparency International’s 2021 Corruption Perceptions Index, corruption
continued to be a serious issue of concern in Albania, which dropped to
110th place out of 180 countries, falling six places compared to 2020. This
negative perception was also identified in a national poll by Euronews
Albania, which found that over 90 percent of Albanians perceive that
corruption is widespread in the country.’
56
9.1.2 A report by the Institute for Democracy and Mediation, an Albanian think
tank, sponsored by the Dutch government, ‘Police Integrity and Corruption in
Albania 3.0’, 2020 (IDM report 2020), noted the following with regard to
police corruption:
‘In 2017… a working group to conduct a comprehensive analysis of
corruption within the structures of the State Police, the Republican Guard
and the Service for Internal Affairs and Complaints Service (SIAC) [as
52
EC, Albania Report 2022 (page 40), 12 October 2022
53
EC, Albania Report 2022 (page 41), 12 October 2022
54
USSD, HR Report 2021; Albania (section 4), 12 April 2022
55
FH, ‘Freedom in the World’ (Albania), February 2022
56
FH, NinT report 2021 (Corruption), April 2022
Page 23 of 29
established]… Based on a full analysis of the situation, it proposed the
introduction of police vetting as an anti-corruption instrument. The primary
purpose of vetting in the State Police would be to guarantee and promote
integrity, as well as increase professionalism, in the ranks of employees of
Albanian agencies responsible for public order and safety… The evaluation
process would be implemented by independent bodies and would be based
on evaluating personal integrity, auditing personal assets and assessing the
professionalism of police officers.
‘This policy objective resulted in the adoption of Law no. 12/2018 “On the
transitional and periodic evaluation of employees of the State Police, Guard
of the Republic of Albania and SIAC, in the Ministry of Internal Affairs”, which
entered into force on 4 April 2018… Under the transitional phase of the
process, the External Evaluation Committee (EEC) would first conduct the
evaluation of high-ranking police officers, comprising almost 300 senior
members of the State Police, Republican Guard and SIAC. With the legal
changes adopted in August 2020, successfully vetted members of SIAC will
then assist the EEC in the evaluation of 12,000 middle-and low-ranking
employees. These provisions were anticipated by new legal changes to the
operation of SIAC to enable it to carry out this task…
‘This transitional evaluation of police officers has proceeded slowly, starting
9 months after the deadline. The delay has been due to the constitution of
the evaluation bodies, the need to issue bylaws for the smooth running of the
whole process, the capacity building of the members of the EEC and the
Technical Secretariat, as well as establishing the necessary financial and
logistical infrastructure for the process…
‘Furthermore, a policy framework was established in Albania for preventing
and combating corruption as well as strengthening the integrity of the State
Police… The Public Order Strategy (POS) 2015–2020,10 is the main
strategic document of the State Police in the anticorruption framework. The
purpose of the POS is to reassess law enforcement and improve security
standards in the country.’
57
9.1.3 The IDM report 2020 further observed: ‘Practice so far has shown that,
despite the many policy documents and adopted legislative reforms, the fight
against corruption continues to be a key priority for Albania. However, these
policy and legal frameworks should enable the State Police to fight
corruption more effectively, by strengthening in particular the transparency,
integrity and accountability of police officers in the country.’
58
9.1.4 Also on police corruption, the USSD HR Report 2021 noted:
‘Police corruption remained a problem. Through August the [Service for
Internal Affairs and Complaints] SIAC received 1,155 complaints which were
within the jurisdiction of the service and entered them into the SIAC Case
Management System. Most of the complaints alleged a failure to act,
violation of standard operating procedures, abuse of office, arbitrary action,
police bias, unfair fines, and passive corruption. SIAC referred to the
prosecution 149 cases involving 215 officials. The Office of the Ombudsman
57
IDM, ‘Police integrity and corruption in Albania 3.0’ (pages 13 to 14), 28 January 2021
58
IDM, ‘Police integrity and corruption in Albania 3.0’ (page 15), 28 January 2021
Page 24 of 29
also processed complaints against police officers, mainly concerning
problems with arrests and detentions.’
59
9.1.5 On judicial corruption, the FH report 2021 noted:
'In 2016, constitutional reforms established Albania’s Special Anticorruption
Structure (SPAK), which is tasked with investigating and prosecuting high-
level corruption. In a process monitored by EU and US experts, the
government has been vetting judges and prosecutors since 2018, so as to
identify and prevent corruption in the justice system. An October 2021
European Commission report praised Albania’s anticorruption efforts,
specifically noting the success of the vetting mechanisms in reducing judicial
corruption.’
60
9.1.6 While the USSD HR report 2021 observed:
'Through September, the Special Prosecution Office against Corruption and
Organized Crime (SPAK) announced that it had opened investigations and
brought charges against several public officials, including… judges and
prosecutors, former and sitting judges of the Constitutional Court’s Vetting
Appeal’s Chamber, former judges of the Supreme Court… As of September,
one judge, two prosecutors… were indicted on abuse of office or corruption
charges.
‘The constitution requires judges and prosecutors to undergo vetting for
unexplained wealth, ties to organized crime, and professional competence.
The Independent Qualification Commission conducted vetting, and the
Appeals Chamber reviewed contested decisions. The International
Monitoring Operation, composed of international judicial experts, oversaw
the process. As of November, 125 judges and prosecutors were dismissed,
103 confirmed, while 48 others had resigned rather than undergo vetting. As
of July, 173 judges and prosecutors were dismissed, 148 confirmed, while
89 others had resigned or retired.’
61
9.1.7 See also section the Reform of the judiciary above.
Back to Contents
This section was updated on 1 December 2022
10 Ombudsman – oversight of alleged human rights violations
10.1.1 The USSD HR Report 2021 stated:
‘The Office of the Ombudsman is the main independent constitutional
institution for promoting and enforcing human rights. It is authorized by law
to monitor and report on prisons and detention centers and conduct
administrative investigation of complaints from citizens. Although the
Ombudsman’s Office lacked the power to enforce decisions, it acted as a
monitor of alleged human rights abuses, and institutions made efforts to
meet its recommendations.
‘The Assembly [parliament] has committees on legal issues, public
administration, and human rights that review the annual report of the Office
59
USSD, HR Report 2021; Albania (section 4), 12 April 2022
60
Freedom House, ‘Freedom in the World 2022’ (Albania), 24 February 2022
61
USSD, HR Report 2021; Albania (Section 4), 12 April 2022
Page 26 of 29
Terms of Reference
A ‘Terms of Reference’ (ToR) is a broad outline of what the CPIN seeks to cover.
They form the basis for the country information section. The Home Office’s Country
Policy and Information Team uses some standardised ToR, depending on the
subject, and these are then adapted depending on the country concerned.
For this particular CPIN, the following topics were identified prior to drafting as
relevant and on which research was undertaken:
• Crime in Albania
• State security
o Police
o State Intelligence Service
o Effectiveness of state security
o Action to address organised crime
o Corruption
o Accountability and impunity
• The judiciary
o Effectiveness of the legal system
o Independence of the judiciary
o Right to a fair trial
o Access to legal aid
o Witness protection
o Avenues of redress
• Human rights violations
o Arbitrary arrest
o Torture and ill-treatment
o Abductions by the state
o Extrajudicial killing
o Avenues of redress
Back to Contents
Page 27 of 29
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US Department of State,
Country Report on Human Rights Practices for 2021; Albania (USSD HR
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Overseas Security Advisory Council (USSD OSAC), Albania Country Security
Report, 22 October 2021. Last accessed: 18 October 2022
Xe Currency Converter, 1 EUR = 0.870423 GBP, 19 October 2022
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Sources consulted but not cited
Albanian Helsinki Committee, Home, no date. Last accessed: 20 October 2022
Amnesty International, International report 2021/2022 (Albania), 29 March 2022. Last
accessed: 20 October 2022
Balkan Insight, Organised Crime, no date. Last accessed: 19 October 2022
Bertelsmann Stiftung, Annual Report 2021 (Albania), 31 May 2022. Last accessed:
20 October 2022
Global Security, Albanian Organized Crime, no date. Last accessed: 20 October
2022
US Central Intelligence Agency, The World Factbook; Albania, 19 October 2022.
Last accessed: 20 October 2022
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Version control
Clearance
Below is information on when this note was cleared:
• version 2.0
• valid from 8 December 2022
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The information in this section has been removed as it is restricted for internal Home
Office use.
Official – sensitive: End of section
Changes from last version of this note
Country information updated.
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