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MAPPING PRISONS...<br />

Fourth Report on Monitoring Prisons<br />

Conditions and Human Rights<br />

Tirana, December 2010


Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

Fourth Report of<br />

the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

Tirana, December 2010<br />

1


Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

Copyright © 2010, Albanian Rehabilitation Centre for<br />

Trauma and torture<br />

Supported by grants from the European Commission- RCT<br />

(EIDHR)/ Support to Human Rights and Democracy actions on<br />

Torture and other forms of ill-treatment/ Prevention of Torture.<br />

Electronic copies of this report can be downloaded from<br />

the <strong>ARCT</strong>’s website, www.arct.org .<br />

Albanian Rehabilitation Centre for Trauma and torture<br />

Rruga Kont Urani, 10,<br />

Tirana albania<br />

<strong>ARCT</strong> Staff<br />

Adrian Kati<br />

Executive director<br />

Ariel Como, Dr.<br />

Erinda Bllaca, MA<br />

Anisa Asllanaj<br />

Tedi Mana<br />

Izedin Cela<br />

Fatos Mahmutaj<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

CONTENTS<br />

Key Problems<br />

Examination of reports on criminal justice in 17<br />

facilities in Albania to the following observations<br />

and identification of key problems<br />

Monitoring Places of Detention<br />

Methodologies<br />

Structure<br />

Reporting<br />

Charters<br />

Table<br />

Annexes from Monitoring<br />

shen koll<br />

Kukes<br />

Fushe Kruja<br />

PRISONS HOPSITAL<br />

Korca<br />

Rrogozhina<br />

Peqini<br />

Tepelena<br />

Berat<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

Vlore<br />

Ali Demi Tirana<br />

Jordan Misja Tirana<br />

Durres<br />

Kavaja<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

Key Problems<br />

Examination of reports on criminal justice in 17<br />

facilities in Albania to the following observations<br />

and identification of key problems.<br />

Overcrowding<br />

Official figures show that 12 penitentiary institutions<br />

have prison populations that exceed 120% of<br />

capacity (please advice the table on official data as<br />

per December 4 th 2010).<br />

These figures are the result of tough legislation<br />

passed and also implemented and delays to utilize<br />

alternatives to incarceration in permanent basis.<br />

Overcrowding inevitably consumes nearly all<br />

resources. Little is left for rehabilitation programs,<br />

sanitation, hygiene, and food. The result is increased<br />

disorder, violence, and corruption.<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

Un-sentenced Prisoners<br />

The justice system does a poor job of providing<br />

due process for the accused. By <strong>ARCT</strong> official data<br />

(collected through more than 890 questionnaires<br />

and 200 interviews with prisoners from 21<br />

penitentiary institutions), prisons in Tirana, Durrës<br />

and Korça in the pre-trial detention have more than<br />

45% of their prisoners as pretrial detainees. Slow<br />

processing of criminal cases and inadequate legal<br />

defense lead to systemic violation of due process<br />

rights, particularly international time limits on<br />

pre-trial detention.<br />

Inhumane Conditions<br />

Many Albanian penitentiary facilities of all sizes<br />

and security levels provide inadequate food,<br />

general health care, and mental health care, and fail<br />

to meet basic needs such as sanitary facilities and<br />

mattresses; the situation continues to be reported at<br />

the worst levels in Prison 313 in Tirana, which even<br />

measures taken, <strong>ARCT</strong> has evidence the presence of<br />

mices at the women section (despite the degrading<br />

conditions and lack of spaces for activities); poor<br />

infrastructure remains degrading for the Women’s<br />

Prisons 325; lack of special sections for the female<br />

minors remain an issue of concerns.<br />

Violence and Crime<br />

As crowding has a trend in increasing (when<br />

considering the new process of expatriation of the<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

convicts in all countries of Europe), so has prison<br />

violence - with physical abuse, gang domination,<br />

rape (a reported case of a juvenile offender in<br />

Korça), and riots increasingly common (the Korça<br />

hunger Strike of October). Narcotics trafficking,<br />

underreported prostitution, and other criminal<br />

enterprises such as the presence of illegal weapons<br />

and tools (the Fushe-Kruja case) are prevalent in<br />

too many prisons. Guards who receive inadequate<br />

salaries and training are too often susceptible<br />

to corruption or use excessive force to quell<br />

disturbances (the Korça case).<br />

With too few guards, parts of some prisons are<br />

inadequately patrolled, and left to the mercies of<br />

powerful inmates. Inmates denouncing abuses<br />

can face retribution. Too often brutality does not<br />

prompt investigations or preventative measures.<br />

Society and Human Rights<br />

Increases in violent crime and recidivism for the<br />

category of inmates aged 18-21– real or the product<br />

of sensational media coverage –have led to more<br />

support for more incarceration.<br />

The needs of the incarcerated for restorative<br />

approaches, particularly education, addiction<br />

treatment, and job training are too often ignored.<br />

This lack, together with systemic overcrowding,<br />

poor infrastructure and inhuman and degrading<br />

conditions, physical and mental abuse in prisons,<br />

all are well known to authorities. Such deficiencies<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

often reflect the criminal justice system’s<br />

inadequacy: excessive and misguided penalties,<br />

poor due process, weak criminal defense, lack of<br />

strong reliable data, inadequate trial procedures,<br />

and weak oversight.<br />

The result often is the failure to rehabilitate, and<br />

the reinforcement of criminal tendencies, which<br />

surely plague communities upon the release of<br />

those thus trained.<br />

What Works<br />

According the fact finding missions and reports and<br />

joint statements of <strong>ARCT</strong> with the NPM (People’s<br />

Advocate):”Albania’s prisons do not address the<br />

rehabilitation of inmates. There are no socialization<br />

programs that would promote reform of prisoners’<br />

violent ways, reduce tensions, and prepare them<br />

for life after release.<br />

According to the statement of the Minister of<br />

Justice after his visit in Fushë-Kruja Prison (2010),<br />

a considerable number of released prisoners return<br />

to crime and end up back in jail.”<br />

A notable exception is the case of Women’s Prison in<br />

Tirana‚ where the prison managements has created<br />

a new “mentality” as an open prison for 63 women<br />

offenders in this facility. This Prison has developed<br />

initiatives and an internal regime to help prepare<br />

female offenders “for life outside prison through<br />

a combination of psychological, educational, and<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

creative support programs.” Emphasis was placed<br />

on developing work skills, parenting, changes in<br />

the methodologies of foster care and employment<br />

of some of these inmates.<br />

OPCAT<br />

Reaffirming that freedom from torture is a right<br />

that must be protected in all circumstances, and<br />

based on the premise that regular visits to places<br />

of detention is one of the most effective means<br />

to prevent torture and improve conditions of<br />

detention, the United Nations adopted on 18<br />

December 2002 a novel international treaty for the<br />

prevention of torture: the Optional Protocol to the<br />

UN Convention Against Torture (OPCAT).<br />

The OPCAT entered into force on 22 of June 2006<br />

and is the culmination of over two decades of joint<br />

efforts by civil society and friendly States.<br />

The OPCAT is the first international instrument<br />

which seeks to prevent torture and other forms of<br />

ill-treatment though the establishment of a system<br />

of regular visits to places of detention carried out<br />

by independent international and national bodies.<br />

International and national bodies will work together<br />

to conduct regular visits to all places of detention in<br />

all States Parties and will make recommendations<br />

to the authorities to establish effective measures to<br />

prevent torture and ill-treatments and to improve<br />

the conditions of detention of all persons deprived<br />

of liberty.<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

At the international level, the OPCAT creates a<br />

new international preventive body, called the UN<br />

Subcommittee for the Prevention of Torture. At<br />

the national level, States Parties have to create or<br />

designate NPM within one year after they ratify.<br />

As 2010’ {best practice} remains the cooperation the<br />

Albanian NPM (People’s Advocate Office) which<br />

has offered a possibility of raising awareness on<br />

importance of the services to be provided at all<br />

levels for all persons deprived of their liberty.<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

Monitoring Places of Detention<br />

Experience- sharing on how to actually design and<br />

carry out programs of visits<br />

Transparency and independent control of the public<br />

administration form part of any system based on<br />

the principles of democracy and the rule of law.<br />

This is especially true in the case of monitoring<br />

the power of the State to deprive people of their<br />

liberty. Monitoring the treatment and conditions<br />

of detention of persons deprived of their liberty<br />

through unannounced and regular visits is one of<br />

the most effective means of preventing torture and<br />

ill-treatment.<br />

The idea of external and independent monitoring<br />

places of detention has made considerable progress<br />

over the past few years. It is now widely accepted<br />

that one of the best safeguards against torture and<br />

ill-treatment is for places of detention consistently<br />

to be as transparent as possible, allowing regular<br />

access by reputable members of the public. This<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

positive evolution is reflected in the adoption<br />

on 18 December 2002 of the Optional Protocol to<br />

the United Nations Convention against Torture<br />

(OPCAT), whose objective is “to establish a system<br />

of regular visits undertaken by independent<br />

international and national bodies to places where<br />

people are deprived of their liberty, in order<br />

to prevent torture and other cruel, inhuman or<br />

degrading treatment or punishment”.<br />

Under the OPCAT, the main obligation to prevent<br />

torture lies at the domestic level, as State Parties<br />

will have to “set up, designate or maintain one or<br />

several national preventive mechanisms”. New<br />

mechanisms will need to be set up or existing<br />

mechanisms will have to be adjusted in line with<br />

the OPCAT criteria.<br />

This development should not exclude or be<br />

detrimental to other forms of monitoring at the<br />

domestic level. In this context, the present practical<br />

guide aims to serve as a useful tool for promoting<br />

effective preventive visits by any monitoring group<br />

or body at the national level.<br />

This guide addresses any person or body entitled to<br />

monitor and carry out visits to places of detention at<br />

the national level. The overall objective of the guide<br />

is to promote effective domestic visiting monitors<br />

by increasing their professionalism and thus<br />

their impact in preventing torture and improving<br />

conditions of detention, for the purposes:<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

• T o p r o v i d e c o n c r e t e a d v i c e a n d<br />

recommendations on the methodology<br />

of visits through the different steps<br />

(preparation, implementation and followup);<br />

• To promote cooperation between different<br />

domestic visiting bodies, as well as between<br />

national and international bodies;<br />

• To present in a practical, thematic way the<br />

different international standards relevant<br />

to monitoring places of detention;<br />

• To provide information on the content<br />

of the OPCAT, which for the first time in<br />

an international human rights treaty sets<br />

out clear criteria and guarantees for the<br />

independence and effective functioning of<br />

“national preventive mechanisms”;<br />

<strong>ARCT</strong> methodology of performing Monitoring<br />

visits<br />

The monitoring visits are conducted following<br />

terms of reference developed on the basis of both<br />

national legislation and international standards.<br />

The objectives of such monitoring visits were<br />

aiming at ensuring:<br />

• Assessment of the current situation in the<br />

places of detention vis-à-vis national and<br />

international standards;<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

• Assessment of detainees’ treatment and<br />

whether human dignity and human rights<br />

are respected (through specific instrument<br />

including questionnaires and interviews<br />

conducted under the <strong>ARCT</strong> Screening<br />

instrument methodology and other cases<br />

related to legal assistance.<br />

The monitoring visits follow a well – planned<br />

schedule described below and attached as<br />

Annex:<br />

• Clear understanding of conditions in<br />

the places of detention (prisons and predetention<br />

in Albania<br />

• Review and analysis of the implementation<br />

of national and international standards;<br />

• Design preliminary recommendations to<br />

be introduced through written reports<br />

and presented to all stakeholders (both in<br />

Albanian and English).<br />

Regarding clear understanding of conditions in<br />

places of detention, the experts carry out meetings<br />

and interviews which followed largely the same<br />

pattern:<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

Time<br />

Description<br />

09.00 h Presence at the Prison (including<br />

transportation)<br />

09.00- 10.00 h Meeting with the heads of the<br />

institutions or other persons in charge<br />

(mainly with Institution Directors);<br />

introduction of <strong>ARCT</strong> Team,<br />

introduction of the MoU, the team<br />

compilation and distribution of <strong>ARCT</strong><br />

Publications<br />

10.00- 11.00 h Meeting with institution’ Medical staff<br />

as a Team<br />

11.00-14.00 h <strong>ARCT</strong> Team works in the internal<br />

regime:, according to specifications<br />

developed prior the visits:<br />

- Psychologist performs Q&Is<br />

- Medical doctor and journalist and/<br />

or lawyer perform cell visits, meetings<br />

and questionnaires with inmates for<br />

case stories and legal representation;<br />

- Visits in prison’s environments’<br />

(library, kitchen, cells, working places,<br />

religion places, etc, etc)<br />

- Meetings with persons deprived of<br />

their liberty - always on a confidential<br />

basis and without the presence of<br />

institution personnel;<br />

- Notes are taken for the reports<br />

according to structured format of data<br />

collecting and reporting (attached as<br />

Annex)<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

14.00 h Final meeting with the director of<br />

the institution to debrief him on the<br />

preliminary findings of the visit.<br />

With regard to whether and to what degree national<br />

and international standards were being respected,<br />

the visits aimed to assess:<br />

• Implementation of these standards;<br />

• Compatibility of national standards with<br />

international ones;<br />

• Implementation of the national legal<br />

framework<br />

• Identifying fall-outs and relevant reasons/<br />

causes.<br />

• Identification of possible court case<br />

representation and other assistance<br />

Given the attainment of the above objectives, it can<br />

be asserted that accurate knowledge was acquired<br />

on the actual condition in the visited penitentiary<br />

institution.<br />

Organization and implementation of monitoring<br />

visits<br />

To ensure the successful implementation of the<br />

project objectives and activities, special attention<br />

is paid to the design and actual carrying out of the<br />

monitoring visits. <strong>ARCT</strong> experts have designed<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

a standard format report including international<br />

indicators developed by the UN Prison Minimum<br />

Standards European Committee for the Prevention<br />

of Torture and Inhuman or Degrading Treatment<br />

or Punishment (CPT), and OPCAT requirements in<br />

terms of multidisciplinary team composition.<br />

Prior to each visit, every team member shares the<br />

same background information on penitentiary<br />

institutions to be monitored and visited. Each<br />

expert has an assigned a special area to focus on.<br />

Prior to each visit the Team assigns a Facilitator to<br />

collect all the information and data from all possible<br />

sources for the current visit (reports, official data,<br />

media monitoring, etc).<br />

Information is also gathered by means of confidential<br />

interviews with inmates, visits of the premises and<br />

discussions with the high management and the<br />

staff, and thereafter evaluated according to the<br />

standards set out in the terms of reference. Also,<br />

face to face conversations were held with detainees<br />

and their relatives.<br />

VISITS<br />

Each visit starts by meeting the head of the<br />

penitentiary institutions. These meetings serve<br />

for the group of experts to introduce themselves,<br />

the mission’s goals and objectives, and to receive<br />

information from the heads of institutions as to<br />

the objective of the visit, and also to discuss the<br />

previous recommendations from previous visits.<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

The second phase of the visit focused on consulting<br />

the official registers of the persons deprived of<br />

liberty, and special meeting with the medical staff<br />

of each institution, visited. This stage aimed at a<br />

more precise understanding of the problems related<br />

to medical services, nutrition, hygiene, education<br />

and instances of use of force by institution staff,<br />

disciplinary measures, etc.<br />

The third stage of each visit was to monitor the regime<br />

and the premises of the correctional or detention<br />

centres and police holdings cells. Each visit included:<br />

cells, isolation cells, reception rooms for the newly<br />

arrived/ transferred detainees, sanitary facilities,<br />

showers and toilets, kitchen, outdoor exercise facilities,<br />

the library, first aid or medical treatment, conjugal<br />

room and religious worship facilities. Visits are also<br />

to be conducted at staff facilities in the prisons and<br />

pre-trial detention facilities.<br />

The fourth parallel stage of the monitoring visit is<br />

to be dedicated to meeting with and questionnaires<br />

and interviewing detainees. It is a particularly<br />

important moment of the visit. <strong>ARCT</strong> experts are<br />

guaranteed and provided with adequate premises<br />

to hold the meetings out of hearings of the staff,<br />

where confidentiality and security conditions are<br />

ensured and no staff members are present. Most<br />

often, this stage of the visit consists of meeting<br />

institution staff including security staff and<br />

personnel responsible for various services such as:<br />

educators, social assistants, doctors, cooks, etc.<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

Stage fith of the visit is closing meeting the director<br />

of institution. Almost in all cases such a meeting<br />

is conducted at the end of each monitoring visit.<br />

In general, in these closing meetings, the experts<br />

of <strong>ARCT</strong> make a short presentation of their<br />

monitoring findings. Subsequent to the monitoring<br />

visit, the group of experts are required to prepare<br />

the respective report.<br />

The institutions that are visited are as following:<br />

Prison J. Misja, Pre-detention facility M. Peza;<br />

Burrel Prison; F.Kruja Prison; Durres Pre-detention<br />

facility; Korce Priosn; Sarande Pre-detention<br />

facility; Tropoje Pre-detention facility; Kukes<br />

Pre-detention facility; Lezha Priosn; Peqin Prison;<br />

Tepelena Pre-detention facility; Vlore Pre-detention<br />

facility; Rrogozhine Prison; Berat Pre-detention<br />

facility; Kavaja Correctional Centre for Juvenile;<br />

Prisons’ Hospital.<br />

Overall, Penitentiary staff is cooperative and<br />

flexible, allowing the monitoring team access<br />

to the premises, filling out questionnaires and<br />

interviewing inmates under satisfying conditions.<br />

<strong>ARCT</strong> team also has access to personal files.<br />

The report is based on the standards mentioned<br />

in the terms of reference, focusing on particular<br />

points noted during the visits. A number of<br />

recommendations regarding<br />

• Treatment of detainees with the view of<br />

HR protection;<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

• Material Conditions;<br />

• Regimes and activities;<br />

• Medical services;<br />

• Prison staff;<br />

• Legal issues and assistance<br />

Are annexed at the end of each report.<br />

<strong>ARCT</strong> follows up on the implementation of the<br />

recommendations by keeping an open dialogue<br />

with the authorities and repeating its visits to places<br />

of detention all over the country.<br />

Structure of reporting and basic information:<br />

First page – cover includes the photo of the facility;<br />

and the contents<br />

The Report’ contents includes: date and the<br />

monitoring team, the description of the facility<br />

geographical allocation, and additional information<br />

about the facility (prepared prior to visit by the<br />

facilitator); the facility’ structure and the capacities;<br />

material conditions and internal regime, the<br />

internal prisons’ regulations, ending up with the<br />

final recommendations.<br />

Specific report structure includes:<br />

Date of the monitoring visit<br />

a. Date of the previous visit, if visited<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

Compilation of the monitoring team and the<br />

working methodology (who does what)<br />

a. which is the role for each member<br />

3. Geographical position and photo of the<br />

institution<br />

a. describe the place and how to arrive in the<br />

facility from Tirana<br />

b. Make a photo of the facility<br />

Information on prison administration (staff<br />

number, organogram if possible, the typology of<br />

meeting organized by the team, who was present<br />

in this introductory 1-hour meeting)<br />

a. Collect information on each category<br />

b. Ask for each issue raised in the explanatory<br />

paragraph)<br />

c. Report on each of issues<br />

d. Ask official documentation on issues relating<br />

to the administration of the facility<br />

Medical Care: number of the cases of ill detainees,<br />

the typology of the diseases, the methodology<br />

of treatment, the medicaments (pharmacy); how<br />

the institution deals with emergency cases; first<br />

aid interventions; how the medical department<br />

is organized, and how the emergency cases are<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

reported and documented – check the register. Are<br />

there any mentally ill detainees, chronic diseases<br />

Disabled <br />

a. get information for each category<br />

b. Ask for each category all the information<br />

c. Report for each of the issues<br />

d. Ask official documentation on issues relating<br />

to the ill detainees and their respective<br />

treatment<br />

Psycho-social assistance (methods, staff,<br />

professional background, out-door regime,<br />

activities and external actors’ contributors)<br />

a. get information for each category<br />

b. Ask for each category all the information<br />

c. Report for each of the issues<br />

d. Ask official documentation on issues relating<br />

to psycho-social services<br />

Material conditions inside institution: (organization,<br />

number of cell, division and management of the<br />

prisoners, daily regime, food, etc)<br />

a. get information for each category in the<br />

regime<br />

b. Ask for each category all the information,<br />

check the number of cells and number<br />

of prisoners; ask for the daily internal<br />

regime<br />

22


Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

c. Report for each of the issues<br />

d. Ask official documentation on issues<br />

relating to food and meals, special diets,<br />

etc.<br />

Hygiene: who is responsible, how doe it functions<br />

internally<br />

a. Ask about the way the control by medical<br />

staff is performed, monitored, registered<br />

and documented<br />

b. Ask about the external maintenance of the<br />

facility<br />

c. Observe in the hygiene is satisfactory and<br />

report<br />

Information on the prisoners in the facility (number,<br />

gender, internal division and management,<br />

education, disturbances and complaints, social<br />

status, number of transfers, releases, disciplinary<br />

measures, deaths, suicides, etc; check the<br />

register)<br />

a. get information for each category<br />

b. Ask for each category all the information<br />

c. Report for each of the issues<br />

d. Ask official documentation on issues<br />

relating to inmates and security system<br />

23


Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

Education<br />

a. get information for the number of<br />

analphabets (if there is any)<br />

b. Ask for any professional courses<br />

c. Report for each of the issues<br />

d. Ask official documentation on issues<br />

relating to education and work<br />

Rehabilitation activities and contact with respective<br />

relatives<br />

a. get information for each category<br />

b. Ask for each category all the information<br />

c. Report for each of the issues<br />

d. Ask official documentation on issues<br />

relating to rehabilitation services<br />

<strong>ARCT</strong> Screening Instrument: number of<br />

questionnaires and interviews collected<br />

a. Report on the methodology of data<br />

collection<br />

b. Report the number of administered<br />

questionnaire<br />

c. Report the number of the administered<br />

interviews<br />

d. Report as an annex the cases administered<br />

e. Annex all printed out documentation<br />

procedures for each monitoring visit<br />

24


Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

Chart. 1 Distribution of categories of detainees in penitentiary<br />

institutions<br />

juvenile,<br />

104, 2%<br />

mentally ill ,<br />

108, 2%<br />

women , 93,<br />

2%<br />

men<br />

women<br />

juvenile<br />

mentally ill<br />

men , 4482,<br />

94%<br />

Chart2. Overcrowding prisons<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

Chart2. Percentage of persons in pre-detention and<br />

prisons<br />

Predetainees,<br />

1935<br />

Detained<br />

population,<br />

2852<br />

Detained population<br />

Pre-detainees<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

Table 1. Number of the detained population for the second semester of 2010<br />

(as per December 4 th 2010)<br />

Number of criminal offenders as per 12th of December 2010<br />

Name of Intitution<br />

High security<br />

No<br />

MEN WOMEN JUVENILE<br />

normal security<br />

pre-detainees<br />

inmates<br />

pre-detainees<br />

inmates<br />

pre-detainees<br />

mentally ill detainees<br />

TOTAL<br />

Capacity<br />

overcrowding<br />

1 I.E.V.P.“J.Misja” 321 31 17 369 320 49<br />

2 I.E.V.P.Vlorë 132 25 157 125 32<br />

3 I.E.V.P.“M.Peza” 6 218 224 170 54<br />

4 I.E.V.P.Lezhë 377 194 17 588 703 -115<br />

5 I.E.V.P.Burrel 47 111 35 193 198 -5<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

6 I.E.V.P.Tepelenë 13 41 58 112 70 42<br />

7 I.E.V.P.Peqin 208 338 171 717 685 32<br />

8 I.E.V.P.Lushnjë 265 265 189 76<br />

9 I.E.V.P.Vaqarr 156 156 146 10<br />

10 I.E.V.P.Rrogozhinë 254 160 414 343 71<br />

11 I.E.V.P.“A.Demi” 96 62 158 80 78<br />

12 I.V.Krujë 132 43 175 196 -21<br />

13 I.E.V.P.Fushë Krujë 125 240 29 394 312 82<br />

14 Spitali Burgjeve 5 10 65 80 99 -19<br />

15 I.E.V.P.Durrës 5 267 2 274 224 50<br />

16 I.E.V.P.Kukës 12 12 36 -24<br />

17 I.E.V.P.Sarandë 37 37 31 6<br />

18 I.E.V.P.Korçë 46 203 104 4 357 312 45<br />

19 I.E.V.P.Tropojë 9 9 25 -16<br />

20 I.E.V.P.Kavajë 14 25 39 40 -1<br />

21 I.E.V.P.Berat 57 57 37 20<br />

TOTAL 439 2229 1814 62 31 14 90 108 4787 4341 446<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

Annexes from<br />

Monitoring Visits<br />

Shen-Koll Prison facility<br />

Shën-Koll Prison Facility represents an old<br />

establishment. The distance from Tirana is around<br />

60 km, and road infrastructure is very good. The<br />

institution is composed by 4 buildings: one which<br />

serves as a pre-detention facility, one half as a<br />

pre-detention and the other half as a prison of<br />

common security and the two others as prison of<br />

high and low security. Each building has 32 cells<br />

each. The fifth building will be reconstructed and<br />

will be used as a high security sector. The capacity<br />

of the institution is 780 persons, 18 of them minors.<br />

Actually there are 600 prisoners, 210 of them in the<br />

pre-detention. There were 4 fields for ventilation<br />

and other recreational activities. In this institution<br />

there are 11 cells of observation and isolation, 6<br />

for the special meetings and one for the meeting<br />

with the lawyer. <strong>ARCT</strong> has visited this facility<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

on 25 th May, 28 th of July and the current on 14 th of<br />

September 2010. Part of the Protocol is contacting<br />

Prison management staff: the prison Director,<br />

Head of Prison policy, Head of Medical sector,<br />

the Legal representative and a specialist from the<br />

Psycho-social sector. This institution has been<br />

visited throughout 2010 in 21 st May, 28 th July and<br />

14 th September, 2010.<br />

An issue reported by 4 inmates was how the<br />

administration has managed the inmates’ income<br />

and cash that they have; the inmates have<br />

told to monitoring team that the inmate who<br />

was responsible for purchasing goods outside<br />

operators, and managing the cash, after granting<br />

permission, had escaped from prison in July 2010.<br />

It was told that prison authorities have changed<br />

the procedures for the purchased goods provided<br />

to inmates upon their requests.<br />

10 questionnaires and 4 interviews were taken to<br />

inmates in this Facility. An issue of great concern<br />

which was evidenced and published in the<br />

newspapers was the information on the prohibited<br />

tools sequestered from January 2010 to September<br />

(800 mobile phones, 50 artisan knifes and a large<br />

number of chargers, alcoholic drinks etc.<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

The Prison Education and Psycho-Social staff<br />

includes 10 persons (1 psychologist, 2 social<br />

workers and 7 educators). There is no room for<br />

the psycho-social counseling and the library room<br />

is used as such. Individual counseling take place<br />

3-4 time a week. Each specialist is responsible for<br />

specific buildings inside the Shen Koll Prison.<br />

6 prisoners are suffering mental health problems<br />

and the most prevalent MH disorders are:<br />

Schizophrenia, Behavioral and Emotional<br />

disorders. They are part of the Special care Sector<br />

and are a treated by a special focus by the staff; 3<br />

cases of ex-drug users. 18 juvenile offenders who<br />

were treated with a special focus by the psychosocial<br />

staff lack the elementary education. To this<br />

target group were offered courses such as:<br />

The adults (18-21 years old) are 27: 17 of them in<br />

pre-detention and 10 in prison, whereas none of<br />

them has completed the elementary education<br />

and 23 of them take part in the informal course<br />

of English. There were 67 adults taking parts in<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

informal courses organized in the prison. There are<br />

2 cult rooms frequented by 60-70 persons for both<br />

religions. Different representatives of the Catholic/<br />

Orthodox Church (Shen Koll) and Mother Tereza<br />

Sisters, come once a week each, offering also their<br />

contribution in organizing religious and different<br />

recreational activities. The Special Care sector was<br />

placed in the building No.3 composed of 2 rooms<br />

for seven persons. In this sector was noticed lack<br />

of recreational rooms, poor material conditions<br />

and lack of first aid service.<br />

Informal courses: Directed by the educator in Participants<br />

charge for sector<br />

analphabets 1<br />

Basic knowledge on elementary school. 10<br />

English 10<br />

Computer 10<br />

Medical staff was composed by general practitioner,<br />

1 dentist, 1 pharmacist and 4 nurses. Inside the prison<br />

there were a hospital with 3 rooms and 15 beds, also<br />

special rooms for the medical doctor, nurses and the<br />

dentist. The medical doctor makes over 15 visits per<br />

day the dentist is frequented by 10 persons per day.<br />

There was the first aid corner but the ambulance<br />

was in a very bad condition without bad and first<br />

aid instruments. There were 90 inmates with chronic<br />

diseases. The lighting, water furnishing and ventilation<br />

are working efficiently. In the toilets there was humidity<br />

and the cells are cleaned and maintained by prisoners<br />

themselves. All the cells have beds, cushions, linen<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

and are well equipped. The food is cooked in good<br />

conditions. Some prisoners had complaints related<br />

to the food, because, according to them, the prison<br />

authorities, says discriminating words for the prisoners<br />

who consume the prison food. As to the others, not<br />

consuming the prison food is already a custom.<br />

Fact findings and recommendations<br />

• Material conditions needs to be improved,<br />

more recreational environments for the<br />

detainees are necessary for the first aid<br />

also.<br />

• Professional treatment with specific<br />

programs of interventions for the persons<br />

who suffer from mental health problems.<br />

• Proper environments for the psycho-social<br />

staff activities in each sector.<br />

• Better commitments from the psycho-social<br />

staff in the sensitization of the inmates for<br />

maintenance the common environments.<br />

• Improving the quality of the psycho-social<br />

staff services, especially to the treatment of<br />

the minors and juveniles.<br />

• take urgent measure for windows pane<br />

inside the regime that is directly related<br />

with inmates’ physical health.<br />

• take urgent measure for lamp covers and<br />

the electrical wires which are directly<br />

related with security elements.<br />

• Better collaboration from the police, medical<br />

and psycho-social staff in identification and<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

revaluation of inmates with mental health<br />

problems. <strong>ARCT</strong> considerate that the<br />

number of mental health inmates is higher<br />

then identified form medical and psychosocial<br />

staff.<br />

• Take immediate measure for appropriate<br />

treatment of inmates that suffering<br />

from chronic diseases that are held in<br />

inappropriate places.<br />

• More informal and formal courses for this<br />

institution. Considerate the number of<br />

inmates and the vulnerable target group;<br />

minors, juvenile, the psycho-social work is<br />

to be improve.<br />

• Better and qualitative selection for the<br />

professional physicians of the psychosocial<br />

staff. This will have immediate<br />

impacts on offered service and qualitative<br />

interventions, strategy.<br />

• To improve the pharmacy state with the<br />

medicine.<br />

• To request more attention to fulfill and<br />

presented the medical situation of the<br />

inmates on the personal medical cards.<br />

• Need for a large number of medical staff<br />

according to the high number of the<br />

detainees.<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

Kukës Pre-detention facility<br />

Kukës Pre-detention Facility is positioned in<br />

the center of the city and represents a very old<br />

establishment. It is placed in one of the buildings<br />

belonging to the Police Directory and they were<br />

both under restoration. The situation in this facility<br />

is very bad: there are 18 cells in a basement with<br />

2-4 persons each, placed 80 cm from the ground.<br />

The capacity was 36-44 persons. Because of the<br />

restoration, there was no isolation cell and is<br />

foreseen one room for the cult services one for<br />

training and recreational activities. The ventilation<br />

area and the lighting were insufficient, no heating<br />

system, in winter it was realized only by a stove<br />

which was positioned in the middle of the hall.<br />

The pre-detention was equipped with beds only 3<br />

months earlier, meanwhile the detainees slept in<br />

the ground on the mattresses over some boards.<br />

Due to the fact that the building was underground<br />

there was a lot of humidity, no hot water, and no<br />

refrigerator. Food was not enough for the detainees<br />

and the lack of a refrigerator makes impossible<br />

keeping the food provided by the familiars. There<br />

was no room for the visits with the familiars, so<br />

the detainees were obliged to meet them in very<br />

35


Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

bad conditions behind some irons in the end of a<br />

hall.<br />

During the reported day, there were 16 detainees,<br />

5 of them from Kukës, 10 from Kosovo and<br />

one Serbian. There was no box of the People’s<br />

Advocate in order to deposit all their complaints<br />

as it functions normally in other prisons. All the<br />

detainees were arrested for extradition issues and<br />

the terms of 40 days were overcome. There was a<br />

lack of legal service and no disciplinary measures<br />

were taken during the last month. The head of<br />

Psycho-Social staff was Mr. Ilir Dogjani which was<br />

also the only person employed, educated as a math<br />

teacher with middle school. There is a juvenile and<br />

the adults sector is composed by 15 persons.<br />

Some small recreational activities and table games<br />

were given to inmates, some basic education was<br />

also provided in the limited places of pre-detention.<br />

There was only one room which was used for the<br />

psycho-social activities and no cult environments<br />

at the moment. The ventilation time was 3 hours<br />

per day. There were no professional courses at the<br />

moment. Medical staff was composed by a general<br />

practitioner (part-time) and 3 nurses. The medical<br />

doctor has realized 36 medical visits during this<br />

year and outside the regime he had a room with<br />

first aid corner, also inside the regime a small room<br />

for medical visits which was equipped with one<br />

bed only. The new detainees were all equipped<br />

with the medical and psycho-social folder. 5<br />

36


Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

inmates with chronic diseases were reported<br />

having problems with ventilation and humidity.<br />

<strong>ARCT</strong> team was welcomed by pre-detention<br />

Director Kreshnik Elezi, chilef of polic, chilef<br />

of health care, lawyer and an educator. 11<br />

questionnaires were fulfilled. This institution has<br />

been visited throughout 2010 in 10 th June and 24 th<br />

September, 2010<br />

Fact findings and recommendations<br />

• Kukës Pre-detention doesn’t fulfill the<br />

minimal standards of CPT related to the<br />

material conditions, hygiene, infrastructure,<br />

ventilation, recreational environments etc.<br />

• Lack of heating system in an area with a<br />

low temperature most of the year.<br />

• high level of humidity is a present risk for<br />

different diseases and epidemic situation.<br />

• Lack of minimal conditions for the meetings<br />

with the familiars.<br />

• <strong>ARCT</strong> psychologist identified one detainee<br />

with mental health problems, not evaluated<br />

and treated before as such.<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

Situation in Kukes Predention remains problematic<br />

and without a concrete solutions<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

Fushë-Kruja Prison Facility<br />

Fushë- Kruja Prison Facility represents a new<br />

establishment built in 2008. The capacity of the<br />

institution is 312 persons; actually there were 395<br />

persons, 368 of them in the prison and 27 in the predetention.<br />

Among them there were 4 foreigners, 3<br />

of Macedonian nationality and one Turkish.<br />

The institution is composed by 3 buildings/<br />

sections: one which serves as a pre-detention<br />

facility and also as a prison of normal security,<br />

one as prison of high security and the last building<br />

is used for different activities as the nurse room,<br />

the kitchen and for the observation and isolation<br />

of detainees. The high security sector is composed<br />

by 68 cells with 2 persons each and the common<br />

security has 44 cells with 6 persons each. There<br />

are 2 cells of isolation in each floor, for 4 persons<br />

each and one cell for one person in each floor.<br />

Each building has 32 cells each. The fifth building<br />

will be reconstructed and will be used as a high<br />

security sector.<br />

There is enough space for recreational activities: 2<br />

cult rooms: one church and one mosque, a room<br />

used as a library, a gymnasium, two football fields,<br />

a room for the computer course, a room for training<br />

activities, one room for vocational training and 2<br />

rooms for the meeting with the familiars, 3 rooms<br />

for special meetings and 5 rooms for the meetings<br />

with the lawyers. The lighting, heating, water<br />

39


Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

furnishing and ventilation are working efficiently.<br />

All the cells have beds, cushions, linen and are<br />

well equipped. Each cell has its own toilet and the<br />

hygiene conditions were very good.<br />

<strong>ARCT</strong> team contacted with Prison management<br />

staff: the Prison Director Sajmir Mulgeci, Deputy<br />

Director Dashnor Vishaj, Head of Prison policy<br />

Ymer Hajdari, Head of Medical sector Robert<br />

Dhima. During the meetings in the internal regime<br />

with inmates of high security levels, violence was<br />

reported: they complained against the chief of<br />

internal regime. From the other side, the incident<br />

was denied from the prison authorities. There were<br />

also episodes of quarreling between the prisoners<br />

and disciplinary measures were taken against<br />

them. This institution has been visited throughout<br />

2010 in 14 th June and 8 th October, 2010<br />

During September there were 7 new inmates,<br />

1-detaienee; 7 transfers and 7 releases (1 from<br />

pre-trial detention); 19 permissions, 13 were<br />

compensatory and 4 special ones; 15 disciplinary<br />

measures to the prisoners and 3 to the detainees on<br />

purposes of disobedience; 11 carrying prohibited<br />

weapons (knifes) , phones, etc; 2 for fights with<br />

other prisoners, 1 for late return from permission,<br />

one for contradicting the guardian’s order and three<br />

for attempting to produce alcoholic beverages.<br />

11 questionnaires were fulfilled.<br />

40


Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

Fushe-Kruja Prison has opened Special Care Sector,<br />

where 28 persons with mental health problems<br />

were treated with individual programs and were<br />

engaged in recreational activities for computer,<br />

English, professional training, handcrafts etc.<br />

No case of suicide registered. Medical staff was<br />

composed by: A general practitioner, 2 dentists,<br />

one of them part-time, 1 pharmacist and 7 nurses.<br />

Outside the prison there was a medical room. Inside<br />

the prison there were a hospital with 3 rooms and<br />

8 beds, also special rooms for the medical doctor,<br />

nurses and the dentist. The medical doctor makes<br />

over 10 visits per day; the dentist is frequented<br />

nearly from 3 persons per day. There was the<br />

first aid room and a ambulance for transporting<br />

the detainees. There were 63 people with chronic<br />

diseases.<br />

Fact Finding:<br />

Fushe-Kruja Prison Facility was visited by the<br />

CPT Mission during May 2010. Despite the<br />

good infrastructure conditions of the facility;<br />

with regards regime, it is positive that in all<br />

prison establishments visited, outdoor exercise is<br />

provided on a daily basis for at least two hours,<br />

and one for longer periods of time. the CPT has<br />

put an emphasis on the medical records and the<br />

way in maintaining each prisoner checked. This<br />

prison was visited by the Minister of Justice during<br />

2010; the<br />

41


Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

Internal buildings inside Fushe-Kruja Prison Facility<br />

42


Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

Tirana Prison Hospital<br />

This facility is dealing with all categories of<br />

illnesses in the penitentiary system; As regards to<br />

living conditions far patients, the current number of<br />

patients remains lower than the hospital’s capacity;<br />

overcrowding is absent in the establishment. The<br />

installation of fully partitioned in-cell sanitation<br />

is also positive. In addition, a reasonable level<br />

of cleanliness and hygiene is guaranteed. Some<br />

activities are organized far the patients by the<br />

psychosocial team; these efforts should be pursued<br />

and increased. A positive development is also the<br />

increase of the lime for outdoor exercise (2 hours<br />

for men and 4 hours far women).<br />

As regards staff and treatment, with the exception of<br />

the psychiatric services, the level of medical staff at<br />

the hospital is satisfactory and continuity of care is<br />

guaranteed. A striking shortage of psychiatric staff was<br />

observed; only one psychiatrist was taking care of 73<br />

patients (out of the 80 patients present at the hospital).<br />

More importantly, 60 of those patients had been placed<br />

at the hospital under a compulsory treatment order.<br />

<strong>ARCT</strong> during September 2010 has received a written<br />

request from the General Prisons Directorate for the<br />

support on the means of use to restrain suicidal or<br />

agitated patients, such as the “home made” leather<br />

straps.<br />

A basic recommendation which h has been<br />

presented by <strong>ARCT</strong> in cooperation with People’s<br />

43


Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

Advocate remains the delays in making functional<br />

the forensic Hospital for psychiatric patients<br />

who have been declared criminally irresponsible<br />

by court and made the subject of a compulsory<br />

treatment order , still held in this Hospital (as<br />

required by the Albanian legislation).<br />

44


Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

Korça Prison Facility<br />

Korça Prison Facility is composed by 2 buildings<br />

which were organized in three sectors: one that<br />

serves as a pre-detention facility with a capacity of<br />

81 and actually with 110 detainees, one as a prison<br />

of normal security with a capacity of 176 and<br />

actually with 206 prisoners and the last as prison<br />

of high security with a capacity of 68 and actually<br />

with 50 prisoners. Infrastructure includes the<br />

administration offices; 4 sectors as pre-detention,<br />

4 sectors as prison of high security, 8 sectors as<br />

prison of normal security; 10 classrooms, a library,<br />

a gym, a recreational room, 4 ventilation rooms,<br />

10 observation/ isolation room, a cult room and<br />

a kitchen. Actually there are 366 prisoners, 3 of<br />

them minors and 18 persons belonging to the<br />

group of 18-21 years old. High security sector is<br />

composed by 68 cells with 2 persons each and<br />

the pre-detention with 4-6 persons per cell. The<br />

common security sector has 44 cells with 4-6<br />

prisoners each.<br />

In this institution there are 10 cells of observation and<br />

isolation. This month (November) were accepted 31<br />

inmates and 15 releases. 13 disciplinary measures<br />

have been taken and given; 19 compensatory<br />

permissions. Recently there were installed 64<br />

cameras which fully cover the Facility. The director<br />

of the institution informed <strong>ARCT</strong> staff regarding<br />

the occurrence of two hunger strikes during the last<br />

month. There were involved 5 prisoners and the<br />

45


Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

hungers strike lasted 3.5 days. The hunger strike<br />

was interrupted due to negotiations with General<br />

prisons Directorate- inmates were promised<br />

transfers to other penitentiary institutions;<br />

inmates reported that they were promised also<br />

legal expertise from an NGO, but afterwards there<br />

was no contact between the NGO lawyer and<br />

the inmates. The General Prisons Directorate has<br />

removed the chief of prison police as an immediate<br />

measure;<br />

During the monitoring visit <strong>ARCT</strong> staff has taken<br />

contacts with the prisoners of high security sector,<br />

which has all participated in the hunger strike.<br />

They complained for:<br />

• Total neglect from prison administration:<br />

According to them, the prison director doesn’t<br />

meet them when they ask for, doesn’t take<br />

measures for guaranteeing the security in<br />

case of violence and conflicts between the<br />

detainees.<br />

• Hygiene was a very important problem for the<br />

prisoners. They declared that the institution<br />

doesn’t furnish them with equipments for<br />

cleaning the cells; detergents, plastic chairs etc,<br />

and most of them were obliged to buy these<br />

things by themselves.<br />

• Food was served in very bad conditions.<br />

• Police misuse of powers: police pressure,<br />

46


Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

threaten with isolation, deprivation of meetings<br />

with family members, no permission to enter<br />

personal food, threat for transferring inmates<br />

in prisons away from their families.<br />

• Physical violence in case of requests to the<br />

prisons authorities.<br />

• 20% increase of prices of different articles.<br />

Different testimonies were taken from the prisoners<br />

who pretend for violation of their rights from the<br />

prison authorities.<br />

<strong>ARCT</strong> team contacted Prison management staff:<br />

the prison Director: Petrit Bazelli, Head of Prison<br />

policy: Filip Ulndreaj, Head of Medical sector,<br />

the Legal representative and a specialist from the<br />

Psycho-social sector. According to the new reforms<br />

in prisons policy, the police staffs was reduced in<br />

256 policemen, from 284 that were before, the same<br />

in the civil staff, which were 63 from 65 persons<br />

hired. Previous visit of <strong>ARCT</strong> in this institution<br />

was made in 26 th of July 2010. 12 questionnaires<br />

were fulfilled.<br />

The Psycho-Social staff includes 10 persons: 1<br />

psychologist, 1 part time psychiatrist, 5 social<br />

worker (one has been removed for personal<br />

reasons) and 5 educators. Medical staff was<br />

composed by: A general practitioner, 2 part-time<br />

medical doctors one of them neurologist, 1 dentist,<br />

1 pharmacist and 8 nurses. There were 15 persons<br />

47


Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

with metal health problems such as: depression,<br />

anxiety, affective and delusional psychosis and 30<br />

ones drug abusers treated as such. During July,<br />

there was tentative suicide. There was no auto<br />

ambulance. The hospital has 12 beds. The medical<br />

doctor had 10 visits per day and the dentist 7-8. 39<br />

were the persons suffering from different diseases<br />

such as: hypertension, diabetics, asthma, chronic<br />

hepatitis etc. All the prisoners were equipped with<br />

the medical and psycho-social folder after arriving<br />

in the institution.<br />

Hygiene in cells was good. <strong>ARCT</strong> staff noticed that<br />

the beds of the prisoners were muffled. The food<br />

was cooked in very good conditions, its quality<br />

and quantity was acceptable. Organizations<br />

collaborating with the institution: Muslim<br />

community, Christian association, Red Cross etc.<br />

This institution has been visited throughout 2010<br />

in 26 th June and 2 nd November, 2010<br />

Fact findings and recommendations<br />

• Need of improvements in cells equipments,<br />

especially in mattress.<br />

• P r o v i s i o n s f r o m t h e G D P o f a n<br />

ambulance.<br />

• Improvement of ventilation and sport<br />

activities environments, in order to<br />

be properly used even in bed weather<br />

conditions.<br />

• improve human rights and treatment of<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

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the detainees.<br />

• Offering possibilities of vocational training<br />

for the prisoners.<br />

• Lack of funds for Social Care Sector for<br />

organizing different activities.<br />

• Need for separation of minors and adults<br />

activities.<br />

• Lack of proper environments for the<br />

psycho-social staff activities and need of<br />

evaluation of their viability.<br />

Case of Hunger strike<br />

The incident was initiated by a life sentence<br />

prisoner named Viktor Ymeri from Vlora.<br />

According to his personal file, this prisoner was<br />

transferred to Korça Prison from Rrogozhina<br />

Prison, due to many incidents in organizing<br />

hunger strikes. After beating him (when the first<br />

episode happened back in March 2010) the prison<br />

police had sent Ymeri back to Peqini Prison; after<br />

some months, Peqini Prison transferred him back<br />

to Korça Prison. Prior the episode of violence, the<br />

prisoner had organized some other prisoners to<br />

ask for more time outside the cells.<br />

As a context, during summer time and high<br />

temperatures, the doors were allowed to be kept<br />

open through an order form the General prison<br />

Director (removed).<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

prison conditions and basic rights<br />

The episode has started by such request to live<br />

the cell doors open from the prisoners, in order<br />

to spend some more time with each others (as the<br />

airing time was reduced from3 to 2 hours outside<br />

doors). They have also requested to play soccer<br />

one hour more; the shift’ policemen got in the high<br />

security regime (the last cell in the corridor) and<br />

starts beating one the prisoners that was playing,<br />

yelling at others: “You want to play soccer; this<br />

is how the game should be played”. After this<br />

moment of violence, other police forces intervene<br />

getting the prisoners back in their cells, and the<br />

situation was calmed down. The level of security<br />

inside the prison remained high as prisoners<br />

started for around 1 day and half the hunger strike.<br />

We were informed that two policemen that had<br />

beaten up prisoners were suspended; one of them<br />

the chief of prison police. The prisoners have sent<br />

a petition asking a new internal regulation, where<br />

outdoor activities should be scheduled.<br />

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Rrogozhina Prison Facility<br />

The institution is organized in three sectors: one that<br />

serves as a pre-detention facility with 152 detainees,<br />

22 cells with 6-12 persons per cell and the others as<br />

a prison of common security with 260 prisoners, 40<br />

cells with 5-11 persons per cell the pre-detention has 1<br />

observation cell meanwhile the prison has 8 isolation<br />

cells. 25 persons are part of the group of 18-21 years old<br />

category. Infrastructure includes the administration<br />

offices; 4 sectors as pre-detention, 8 sectors as prison<br />

of common security; a library in prison sector, a gym,<br />

3 ventilation rooms, 9 observation/ isolation room,<br />

a dentist room, a room for medical examinations, a<br />

cult room and a kitchen. All these environments had<br />

bad hygiene and infrastructure conditions. Have been<br />

installed 8 cameras which observe the outside and<br />

inside environments. During the last month, there 43<br />

transfers, 9 dismissals, 25 new prisoners, 6 detainees<br />

have taken compensatory permission. Overcrowding<br />

is present at Rrogozhina Facility (capacity is 272<br />

inmates).<br />

The measure of cells was 8x10 with 8-10 persons<br />

each. All the sanitary equipments were muffled,<br />

mould and the hygiene conditions very poor,<br />

insect are present too. There were humidity<br />

everywhere and the most necessary furniture such<br />

as table, were lacking. The heating system was<br />

not functioning and also the artificial and natural<br />

lighting was problematic. Water supply is reported<br />

as very bad-and problematic.<br />

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The food was cooked in good conditions based in<br />

the good condition of the kitchen but according<br />

to some prisoners, they had complaints related to<br />

the food quantity and quality. 3 fields serve for<br />

ventilation and football games. There was a room<br />

for medical visits inside and outside the prisons,<br />

first aid corner and a very-well functioning<br />

ambulance. The institution has no psychologist<br />

and this role was accomplished by the social<br />

workers.<br />

<strong>ARCT</strong> team took contact with The Prison management<br />

staff: the prison Director: Xhevat Ylvini, Head of Prison<br />

policy, Head of Medical sector, the Legal representative<br />

and head of the Psycho-social sector Besnik Peposhi.<br />

The police staff was composed by 168 and the civil<br />

staff by 38 persons. The Psycho-Social staff includes<br />

7 persons, two of them social workers. Medical<br />

staff was composed by: A general practitioner, 1<br />

dentist, 1 pharmacist and 4 nurses. Each detainee<br />

was equipped with the medical folder after having<br />

examinee his health conditions. Although the presence<br />

of medical doctor, prisoners had complaints regarding<br />

the medical service for the not proper presence of<br />

the medical doctor when they need him and for the<br />

absence of some medicines.<br />

There are 18 persons with mental health problems<br />

and 10 ex-drug users; 32 persons suffering from<br />

chronic diseases, 26 persons hat mental health<br />

disorder and 40 were treated properly for being exdrug<br />

abusers. Although to the agreement between<br />

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the Ministry of Education and the Ministry of<br />

Justice, the inmates could not have the possibility<br />

to follow the school, because to the lack of the<br />

classrooms, 5 analphabets. Actually there are<br />

42 prisoners employed. There are 27 detainees<br />

abandoned from the familiars and in very bad<br />

economic situation.<br />

Organizations collaborating with the institution:<br />

Muslim Community in Kavaja, Catholic Church<br />

in Durres, Rehabilitation centre for detainees<br />

in Elbasan, Albanian Christian Association etc.<br />

The religious association was the only one who<br />

can perform their activities in the cult room,<br />

meanwhile it is impossible for the others to realize<br />

their professional courses because of the lack of<br />

proper environments regarding this issue.<br />

During October 2010, the registry of the predetention<br />

identifies 23 new detainees, 6 transfers,<br />

4 disciplinary measures; meanwhile the prison<br />

registry identifies 20 new inmates, 5 disciplinary<br />

measures and 53 compensatory permissions.<br />

Previous visit to Rrogozhina High security prison<br />

was performed in January 6 th 2010, where a suicide<br />

case happened and 3 rd of November 2010; due to<br />

<strong>ARCT</strong> recommendations for the improvements<br />

of material conditions the GPD has organized<br />

more than 5 multidisciplinary inspections in this<br />

Facility.<br />

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Fact findings and recommendations<br />

• Improve prison conditions, overcrowding<br />

is present, material equipments and<br />

infrastructure.<br />

• Hygiene conditions were very bad and the<br />

cells have humidity.<br />

• Lack of heating system.<br />

• Lack of artificial and natural lighting.<br />

• The electric system is amortized and it<br />

creates possibilities for the inmates life,<br />

because of the risk of having contact with<br />

bared electric wires.<br />

• Very bad hygiene conditions of toilets and<br />

lack of water furnishing.<br />

• Lack of environments and as consequence<br />

lack holding psycho-social activities<br />

• Improvement of the medical service<br />

conditions.<br />

• Lack of psychological service.<br />

• Very bad conditions of persons suffering<br />

from mental health problems, which make<br />

impossible their proper treatment in such<br />

conditions. Need for transferring them in<br />

another institution proving specialized and<br />

adequate treatment.<br />

• According to the bad hygiene, material and<br />

infrastructure conditions, this institution<br />

creates a bad climate and also favorable<br />

conditions for attempting suicides from the<br />

detainees, referring to the suicide occurred<br />

in the beginning of this year.<br />

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Peqini Prison Facility<br />

The institution is composed by 2 buildings which were<br />

separated in 12 sectors each. In the common security<br />

building, 3 sectors serve as a pre-detention facility and<br />

9 others as a prison. In this building 10 cells are used<br />

for observation purposes and 2 as isolation ones. The<br />

same functioning is for the high security building, but<br />

there are functioning two sectors for the observation<br />

and isolation of the detainees.<br />

The institution has 2 cult rooms and a hospital.<br />

Overall, in the normal security building there are 88<br />

cells, 4 cells in the hospital with 4-6 persons each and<br />

7 rooms in for observation but actually are used for<br />

the accommodation of the prisoners. The capacity of<br />

the institution was 660 persons and actually were 172<br />

detainees and 561 prisoners who were divided into 208<br />

in the high security sector (47 with capital condemn)<br />

and 352 in normal security sector.<br />

<strong>ARCT</strong> team took contact with The Prison management<br />

staff: The prison Director: Rexhep Biça, Head of Prison<br />

policy, Head of Medical sector, the Legal representative<br />

and a specialist from the Psycho-social sector. The<br />

police staff is composed by 343 persons and the civil<br />

staff by 55. The Psycho-Social staff includes 10 persons,<br />

one of them graduated as psychologist. Medical staff<br />

was composed by: general practitioner full-time and<br />

a part-time medical doctor, 1 dentist, 1 pharmacist<br />

and 6 nurses.<br />

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The overcrowding was 73 persons especially in<br />

the common security sector. Three prisoners were<br />

foreigners- no information on special treatment for<br />

these prisoners. In high security building, there<br />

are 130 cells with 2-3 persons each. Some of these<br />

cells are used as classrooms. During October there<br />

were 10 transfers, 2 dismissals, 23 new prisoners,<br />

40 detainees have taken compensatory permission;<br />

8 isolation disciplinary measures were given: two<br />

cases of fight, 3 protests against the police staff and<br />

3 for having mobile phones.<br />

There was a case of death in September 2010.<br />

This institution has been visited throughout 2010<br />

in 27 th April and 3 rd November.<br />

Fact findings and recommendations<br />

• Improve prison conditions, overcrowding<br />

is present, material equipments and<br />

infrastructure.<br />

• Lack of heating system.<br />

• Increase medical staff number ad capacities,<br />

increase number of nurses in the internal<br />

regime based on specificities of this facility<br />

• guarantee the payments of night shifts and<br />

extra hours of work in the regime<br />

• guarantee the psychiatric services as part of<br />

the system<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

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High Security Prison of Peqini<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

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Tepelena Prison Facility<br />

<strong>ARCT</strong> team took contact with The Prison<br />

management staff: the prison Director: Qamil<br />

Xhelili, Head of Prison policy: Hetem Llapaj, Head<br />

of Medical sector, the Legal representative and<br />

head of the Psycho-social sector: Engjell Dida. The<br />

police staff was composed by 89 and the civil staff<br />

by 31 persons. The Psycho-Social staff includes 1<br />

social worker and 3 educators. Medical staff was<br />

composed by: A part-time general practitioner, 1<br />

dentist, 1 pharmacist and 4 nurses.<br />

The institution is organized in 2 sectors: one that<br />

serves as a pre-detention facility with 54 detainees:<br />

12 cells with 4-6 persons per cell, one sector of<br />

high security: 3 cells with 13 prisoners and one as<br />

prison of common security with 40 detainees: 12<br />

cells with 8 persons per cell. There is overcrowding<br />

in all sectors, due to a capacity of 70 persons.<br />

There were rooms for: administration; 1 sector as<br />

pre-detention, 1 sector as prison of common and<br />

high security; 3 ventilation rooms, 1 observation/<br />

isolation room and a library. 12 security cameras<br />

have been installed. There was a room for medical<br />

visits inside the prisons, first aid corner and no<br />

ambulance. Inside there was only a room used<br />

for medical visits, by the attendance committee,<br />

for meetings with the lawyer, with the familiars<br />

etc. Each detainee was equipped with the medical<br />

folder after having examinee his health conditions.<br />

There were 3 persons with mental health problems,<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

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treated only with medicaments and 5 ex-drug<br />

users. There were 42 persons suffering from<br />

chronic diseases, 6 persons hat mental health<br />

disorder and 5 were treated for being ex-drug<br />

abusers. The medical doctor realizes 3-4 visits per<br />

day, during October, 68 visits and the dentist 2-3<br />

persons a day.<br />

All the sectors had bad state of hygiene and material<br />

conditions. The lighting, ventilation and water<br />

furnishing were functioning quite well. There are<br />

no environments for psycho-social activities or<br />

vocational trainings. Inside the cells there was<br />

no door for the bathroom for security reasons.<br />

Although to the agreement between the Ministry of<br />

Education and the Ministry of Justice, the inmates<br />

could not have the possibility to follow the school,<br />

because to the lack of the classrooms. There is only<br />

one room in pre-detention sector for psycho-social<br />

activities, but it is not available 3-months so far.<br />

There are 15 detainees employed in the institution.<br />

Organizations collaborating with the institution:<br />

The Christian association of Albania prisoners<br />

and “Dora e ngrohte” association in Tepelene.<br />

During the last month, there were 2 transfers,<br />

4 dismissals, 9 new prisoners, 4 detainees have<br />

taken compensatory permissions and two have<br />

taken disciplinary measures. This institution has<br />

been visited throughout 2010 in 21 st June and<br />

5 th November, 2010<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

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Fact findings and recommendations<br />

• Overcrowding in all sectors.<br />

• Lack of environments for psycho-social<br />

activities and for treatment of vulnerable<br />

groups.<br />

• Very bad hygiene and material conditions<br />

and humidity everywhere.<br />

• Lack of a proper environment for medical<br />

examinations. Lack of an ambulance. Lack<br />

of the door for the bathroom.<br />

• Ventilation rooms have contacts with<br />

pre-detention cells, which is against the<br />

security standards.<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

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Berat Prison Facility<br />

Berati Pre-<br />

Detention Facility<br />

represents an old<br />

p r e - d e t e n t i o n<br />

f a c i l i t y . T h e<br />

institution is predetention<br />

facility<br />

with a capacity of<br />

50 detainees, but actually there are 61 persons.<br />

There are 4 security cameras installed and the<br />

building is under construction aiming to improve<br />

the ventilation conditions. In the detention areas<br />

are 23 cells, with 2 persons per cell and an average<br />

of 5-6m3 per person.<br />

<strong>ARCT</strong> team contacted with Prison management<br />

staff: Director: Agron Mahmutaj Head of Prison<br />

policy, Head of Medical sector, the Legal<br />

representative and a specialist from the Psychosocial<br />

sector. The police staff is composed by 38<br />

persons and the civil staff by 13. The Psycho-<br />

Social staffs include 1 person, graduated as a<br />

social worker. The medical staff was composed<br />

by a part-time medical doctor and 3 nurses, no<br />

dentist, no pharmacist were available. There was<br />

only a room adapted for medical visits and as a<br />

first aid corner, but it serves also for other meeting<br />

with the lawyer, with the familiars, the attendance<br />

committee etc. There were rooms only for the<br />

administration, the pre-detention with 23 cells,<br />

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ventilation environment, 2 rooms and a kitchen.<br />

There are 11 persons with mental health problems and<br />

11 ex-drug users. There were 15 detainees with chronic<br />

deceases. During October there was 1 transfer, 8<br />

dismissals and 23 new prisoners. During October there<br />

was recorded one case of suicide attempt, which has<br />

been noticed in time and now is under psychological<br />

and medical treatment by the staff. 8 detainees belong<br />

to 18-21 years old category.<br />

Hygiene conditions: the cells had good hygiene<br />

but lack of lighting, natural and artificial too. The<br />

collective bathrooms were in very poor hygienic<br />

conditions. Electricity and water furnishing were<br />

functioning normally. The ventilation environment<br />

was under construction, bur the infrastructure<br />

doesn’t create conditions for a normal natural and<br />

artificial lighting. Food standards in this prison are<br />

to considerate “good”.<br />

It is impossible the realization of school lessons<br />

for the detainees. The only environment in this<br />

institution is used for English and computer with<br />

the participation of 20 detainees, and also this<br />

room serves for the medical doctor, meetings<br />

with the lawyer, meetings with the familiars etc.<br />

The meetings with the social worker are held in<br />

the cells or in the hall of the sector and the lack<br />

of a proper environment make very difficult<br />

her work in offering psycho-social services to<br />

the detainees. Organizations collaborating with<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

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the institution: Public health Directory Berat,<br />

Vocational Training centre Fier and Berat Regional<br />

Education Directorate.<br />

This institution has been visited throughout 2010<br />

in 12 th May and 4 th November.<br />

Fact findings and recommendations<br />

• Regarding the previous visit, have been<br />

improvement in the infrastructure of<br />

ventilation environment and all the cells has<br />

been painted.<br />

• There is overcrowding and 13 detainees are<br />

obliged to sleep in the floor.<br />

• The hygiene conditions are still very bad,<br />

especially in the toilets, but there is improvement<br />

in common environments hygiene.<br />

• There is not a proper room for the meetings<br />

with the familiars; this is realized through a<br />

window which makes impossible the physical<br />

contact. In case of meeting with their children,<br />

it is allowed with a special permission to bring<br />

them in a room inside the institution.<br />

• The ventilation system is out of all standards<br />

and it leads to the spread of different infective<br />

diseases and to a high level of humidity.<br />

• Need for a proper room for medical visit and<br />

all the necessary equipments.<br />

• Professional training of medical staff.<br />

• Improving the conditions of bathrooms and<br />

cells too.<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

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Vlora Pre-detention Facility<br />

Vlora Pre-Detention Facility represents a newly<br />

built pre-detention facility: major investments<br />

have made possible that this facility offers, as<br />

overall, good conditions of detention to persons<br />

deprived of their liberty. However, this favorable<br />

situation is reported to some extent by certain<br />

shortcomings, such as shortage of water, including<br />

hot water.<br />

Outdoor exercise is provided on a daily basis<br />

for at least two hours; this facility has a special<br />

section for the juvenile offenders; yet without<br />

any specifications related to adjustments and use<br />

of female juvenile offenders. This facility offers<br />

medical and psychological services for inmates,<br />

dentistry is maintained as service; food is provided<br />

by the facility; even though some of the inmates<br />

reported that they were provided with goods from<br />

their relatives.<br />

This facility has been visited many times during<br />

2010, in 5 th of May, 30 th of Augusts and 24 th of<br />

December. This pre-detention facility has been<br />

in the centre of attention for the detention of the<br />

59-years old Italian national on the accusation of<br />

money laundering.<br />

There are around 13 questionnaires administered<br />

by the <strong>ARCT</strong> monitoring team.<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

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“ALI DEMI” Prison Facility<br />

Ali Demi Prison Facility is in suburb of Tirana.<br />

There are two separate sections: men section of<br />

low security and women section all above 18<br />

years old and a special Section where 13 mentally<br />

ill women are treated. The common security of<br />

this institution was compound from two sectors:<br />

from men department and women’s sector. In<br />

the women’s sector there is one sector for care of<br />

newborn children up to age 3 years ; which are<br />

engaged with the human treatment and conditions<br />

for small children.<br />

Were inspected the outpatient facilities within the<br />

regime; the materials base; the visits registers; the<br />

daily therapies; the first aid medicaments. In the<br />

external premises was inspected the pharmacy, its<br />

materials base and documentation, the organization<br />

of the medicaments distribution. Were checked<br />

the medical cards of the prisoners and was taken<br />

information about the chronic diseases, mental<br />

illnesses, their frequency and the treatments of<br />

those persons.<br />

For the women’s department, <strong>ARCT</strong> has succeeded<br />

to provide expertise and medical examinations<br />

for all detained women and also now this<br />

Facility is considered as a “Gynecological Centre”<br />

among other 36 centers in Tirana, through an<br />

agreement with the Regional Health directorate.<br />

Infrastructure and material conditions: this facility<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

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is very poor; As to the conversations made with<br />

the physician and the nurse was concluded that<br />

these medicaments were not given to the actually<br />

patients and these medicaments have remained<br />

because before these are used from the inmates that<br />

now are released. Also was found that many of the<br />

therapeutic daily medicaments were brought by<br />

their relatives, though the doctor of this institution<br />

confirmed that most of the patients have specific<br />

diagnosis requiring treatment with medications<br />

that are out of the supply list made from the general<br />

prisons directorate.<br />

There are 20 inmates with a history of narcotics use<br />

and are actually under treatments with methadone.<br />

Whereas special post-release programs are missing.<br />

Notes are taken in the refusal cases and the purpose<br />

of the refuse. Than the questionnaire is selfadministered<br />

(<strong>ARCT</strong> staff could assist the inmate<br />

only in reading aloud questions on an appropriate<br />

rhythm to be more understandable). After the<br />

questionnaire is fulfilled <strong>ARCT</strong> staff invites the<br />

inmate for a further interview in case violations<br />

are shown at the questionnaire. the previous<br />

visits were made on the 18 th June, 13 th July, 26-29<br />

September, 13 th December 2010.<br />

This facility has actually 63 women, where 27<br />

of them have benefited from the amnesty of<br />

the President of the Republic; and other 30 are<br />

under the special program of release; a basic<br />

assumption for this facility remains the high level<br />

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of punishments and condemnation from 5-25<br />

years imprisonment; despite geographical and<br />

demographic distribution.<br />

The General Prisons Directorate is evaluating the<br />

transfer of this facility in Rrogozhina; where a<br />

special section will be made available; <strong>ARCT</strong> is<br />

recommending that this facility to be transferred<br />

in Durres Pre-detention and adjusted for this<br />

population. Rrogozhina Prison, from the other<br />

point of view cannot be appropriate for this<br />

transfer.<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

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“JORDAN MISJA” (313)Pre-detention Facility<br />

Jordan Misja Predetention<br />

Facility<br />

r e p r e s e n t a n<br />

old established<br />

e s t a b l i s h m e n t<br />

for the pre-trial<br />

criminal charges<br />

investigate from<br />

curt of serious<br />

crime but are not excluded cases of other criminal<br />

charges from Tribunal court of Tirana.<br />

The facility at first sight does no accomplish<br />

basic required standards such as recreational,<br />

environment functioning, educative and sport<br />

activities, counseling services etc; division and<br />

management of the different categories of prisoners;<br />

this facility has actually categories of minors from<br />

16 years old to 76 years old;<br />

Material conditions; there are 130 cells; with an<br />

average of 2-4-6 prisoner per cell. This facility is<br />

divided in 13 sectors in; high security; normal<br />

security; juvenile; minors; female. Two isolation<br />

cells are functioning in this establishment, used<br />

when disciplinary measures should be executed;<br />

one observation cell; and one transit cell. In total<br />

the capacity of this facility is 320 inmates. Cells<br />

were of a normal size for the intended rate of<br />

occupancy, had access to natural light and good<br />

ventilation, were well equipped (beds, table, chairs,<br />

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cupboards, television set), had a fully-partitioned<br />

toilet and a wash-hand basin and were fitted with<br />

a call system.<br />

The facility depending on its old infrastructure is<br />

too considered in a bad state of hygiene: during the<br />

visit of <strong>ARCT</strong> presence of mice, humidity and lack<br />

of space is present in the section of women.<br />

During the December visit, there were two female<br />

juvenile offenders (one Ukrainian charged with the<br />

accusation of prostitution) who are lacking basic<br />

rights. From <strong>ARCT</strong> monitoring team observations:<br />

Lack of waste bins and not continues cleaning in<br />

this common environments degenerate the state of<br />

hygiene. Common showers have a height level of<br />

moisture inside and not an appropriate door. (Iron<br />

door covered by normal blankets).<br />

The internal cell hygiene is maintained by<br />

inmates, and the hygiene of the collective places<br />

is maintained by employed inmates.<br />

Out-of-cell activities, as part of the regime outdoors<br />

activities, including educational and vocational<br />

training and areas for workshops, outdoor exercise<br />

facilities, visiting rooms (both open and closed),<br />

as part of the regime activities, were reported at a<br />

good level., still there is the case of Pleural Gjeloshi<br />

(juvenile), who has requested the right to education<br />

and complete his high school education (exams).<br />

His parents have filed a complaint to People’s<br />

Advocate Office. A football field was used every<br />

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3 months to organize sports events among the<br />

prisoners or special guests from the outside.<br />

The visits in this facility were made throughout<br />

2010, in 5 th of April, 15 th of July; December 3 rd;<br />

and December 15 th . There was a case of escape of<br />

Ajet Marku (20 years old) during the open hours<br />

activities, reported on December 2 nd 2010.<br />

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Kavaja Juvenile Centre<br />

K a v a j a P r i s o n<br />

Facility represent a<br />

newly established<br />

e s t a b l i s h m e n t<br />

for execution of<br />

criminal charges for<br />

minors; poor and<br />

u n d e r d e v e l o p e d<br />

surroundings, in a<br />

distance of 200 m far from the facility. The facility<br />

at first sight accomplishes basic required standards<br />

such as recreational, environment functioning,<br />

educative and sport activities, counseling service.<br />

The institution has a capacity for 50 persons, where<br />

actually there are 46 reported. Actually it offers<br />

services for 16 minors in total, from the age 14-18.<br />

The staff includes 70 people, 50% of them are civil<br />

and 50% are working in uniform.<br />

The classification of inmates is organized firstly,<br />

taking into consideration the information gathered<br />

from the psycho-social staff i.e.: in case that they<br />

have or had conflicts between them, their psychoemotional<br />

situation etc, and then taking into<br />

account their age group and their penal action. The<br />

prison environment is designed in order to offer<br />

enough free space for inmates. There are 4 sectors,<br />

but only 3 are available. Each sector has its own hall<br />

with a TV which serves to all inmates.<br />

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Material conditions: This institution is composed<br />

in four sectors with 5 cells for each one; with<br />

2 prisoners per cell. For the moment in this<br />

institution it function three sectors not in its full<br />

capacity due of the fact of the small number of<br />

inmates. 3 isolation cells are functioning in this<br />

establishment, used when disciplinary measures<br />

should be executed. Every sector has a big hall in<br />

the entrance with TV and play table; minor can<br />

use this hall all the weekly day until 06.00 to 21.30<br />

and in the weekend day 06.00 to 24.00. Common<br />

environments like library, PC game, table game,<br />

gymnasium, woodwork, steelwork, learning class,<br />

are available for all minors. (See Daily schedule)<br />

The Prison management staff is composed: The deputy<br />

Director/ (Head of Human Resources Department) on<br />

the same time in the position of the prison Director;<br />

prison police section represented by 36 officers and<br />

guardians, legal section represented by 2 lawyers;<br />

health care section represented by 6 medical staff (see<br />

below, para 6); education section represented by 6<br />

psycho-social member staff; finances and logistic (14).<br />

During the visit, the <strong>ARCT</strong> concluded that the Prison<br />

administration staff (police and civil) were supportive<br />

in providing information; in compliance with the<br />

article 76 of the Law nr.8328, date 16.4.1998 “On the<br />

rights and treatment of the prisoners”, the article 27 of<br />

the General Prisons Regulation (GPR).<br />

The facility is considered in a good state of hygiene;<br />

hot water is offered<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

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According to the agreement between the Ministry<br />

of Education and the Ministry of Justice, the inmates<br />

shall follow the school inside the institution and in<br />

the end they, will be graduated with certificate.<br />

But, till now, this agreement is not applied and the<br />

school doesn’t function. There is only one prisoner<br />

who is analphabet.<br />

Clothing and bedding: All the cells have beds,<br />

cushions and linen, but the prison does not provide<br />

clothing for the prisoners. This issue is covered<br />

totally by the familiars. They can use the laundry<br />

or the washing machine.<br />

The prisoners are all above 18 years and not<br />

allowed by law to work, but mainly is paid special<br />

attention on improving their skills and preparing<br />

with knowledge that can help them out of prison.<br />

Out-of-cell activities The doors of the cells are<br />

opened in 07.30 and closed on 21.00 P.M, except<br />

on Sunday , that are closed on 24.00. During this<br />

time, the prisoners can have totally access on the<br />

activities planed in the schedule of the Social care<br />

staff. The goal of this institution is to provide<br />

rehabilitation and integration of the inmates, in<br />

order to prepare them the life outside the prison. So,<br />

in the institution are available different professional<br />

courses such as: Working with wood; Computer<br />

courses, English courses, which are frequented<br />

from the inmates, 3 times a week for 2-3 hours,<br />

according to their interest. The courses take place<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

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in specific environments for each, and the rooms<br />

are equipped with all necessary material they<br />

need. After finishing the vocational trainings, the<br />

inmates are equipped with certificates. Also, there<br />

are education courses provided by the 2 specialists<br />

of the prisons staff, offering courses especially for<br />

social sciences such as: history; literature, etc, but<br />

they could not provide certificates in the end of the<br />

courses. The psycho-social staff organizes in the<br />

hall of each sector different recreational activities<br />

such as the open cinema, role play, games etc.<br />

There are organized entertainment games such as:<br />

chess, cards, ping-pong, domino etc. The library is<br />

well-functioning.<br />

Previous visits in this facility were made in April<br />

1 st , September 17 th , October 26 th , December 17 th .<br />

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Durrës Pre-detention<br />

Durresi Predetention<br />

Facility<br />

r e p r e s e n t s a<br />

newly established<br />

establishment for<br />

pre-trail inmates In<br />

this facility are four<br />

separate sections of<br />

high security plus<br />

one special sector for<br />

minors with a capacity for 240 inmates; Material<br />

conditions; this facility is a three floor building<br />

with 60 cells inside, in which; in the first floor<br />

is only a special area for minor. In the first floor<br />

is allocated the medical room, the dentist room,<br />

the mosque, the church, police rest room, boiler<br />

equipment. In the second flour; are two separate<br />

sections; same structure in the third flour. Every<br />

section has inside; common showers, library and<br />

psycho-social environment in the same room.<br />

Each cell has bathroom inside, with an average of<br />

4 inmates. 4 isolation cells are functioning in this<br />

establishment, used when disciplinary measures<br />

should be executed; 1 observation and transit<br />

room.Cells were of a normal size for the intended<br />

rate of occupancy, had access to natural light and<br />

good ventilation, were well equipped (beds, table,<br />

chairs, cupboards, television set), had a fullypartitioned<br />

toilet and a wash-hand basin and were<br />

fitted with a call system.<br />

Some allegations of ill-treatment by staff (such as<br />

punches, kicks) were rported mainly associated<br />

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Fourth Report of the Monitoring VISITS by <strong>ARCT</strong><br />

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with transfers to disciplinary confinement cells.<br />

The ill-treatment was alleged to have been inflicted<br />

by members of special intervention groups. <strong>ARCT</strong><br />

verified that in nowhere in this facility are attach<br />

the complain numbers. The people advocate mail<br />

box, that should be present in every prison; exist<br />

only in the first floor but not with the logo and the<br />

numbers of people advocate.<br />

This pre-detention like a new facility is considered<br />

in total in a good state of hygiene. Common<br />

environments; like halls; showers; corridors; are<br />

hopeless in term of hygiene. This is a common<br />

problem for all our penitentiary system related<br />

with the level of depreciation and maintenance<br />

to the sensitivity of prisoners, but also lack of<br />

investments from the pre-detention administration<br />

like; trash cans in common environments,<br />

sufficient and strong detergents for the inmates.<br />

Each cell has a toilet inside whit a good ventilation<br />

system and 4 collective showers for each sector.<br />

Each inmate has access to showers 2 days a week.<br />

Material conditions of the shower are outdate; not<br />

maintained clean; and with a considerable level<br />

of moisture.<br />

The provision of general health care appeared on<br />

the whole to be adequate. Medical examinations<br />

on admissions to prison facilities (pre-detention)<br />

should be made; the admission commission<br />

provides data about the physical conditions of<br />

prisoners, mental health, etc.<br />

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