US Statedepartment – 2011 Human Rights Report – Albania (May 24, 2012)

Posted on Mai 24, 2012 von

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Aus dem neuen Bericht, über Albanien einem „failed State“, von der Mafia gekauft „State capture“, wo Richter keine Ahnung von Gesetzen haben. Und Albanische Minister oft von kriminellen Clans inklusive Salih Berisha und Ilir Meta, installiert wurden. Selbst die Wahlrechts Reform ist nun gescheitert, weil diese Leute zu dumm für Alles sind, wie den Tourismus runiert haben, durch illegale Land Räuberei, illegales Bauen sogar in den UNESCO geschützten Antiken Stätten, wie Berat, Butrin, Gjorokastrie und die Küsten Wälder auch in den geschützten „Zone Touristik“ zerstört werden.

Albanien: US Professor Nikolla Pano, über die korrupte und inkompetente Justiz

Das Theater rund um die Justiz in Albanien ist uralt, und der Gangster Salih Bersiha, bedrohte deshalb schon den Verfassungsrichterin 1995: Zef Brozi, der dann in die USA auswanderte.

Die Amerikaner sperrten Gelder in 2010, für den Justiz Aufbau, weil die Salih Berisha Bande keine Justiz wünscht und die Justiz Minister, seit 2005, alle inkompetent sind. Die EU-Justiz Mission EURALIUS, wie die US Mission Opdat, sind total gescheitert.

Zef Brozi, Ex-Verfassungsrichter in Albanien, über die Stalin Methoden gegen die Justiz in Albanien
2011 Human Rights Report – Albania (May 24, 2012)
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Freedom of Press: The independent media were active and largely unrestrained, although there were cases of direct and indirect political pressure on the media, including threats against journalists. At times political pressure and lack of funding constrained the independent print media, and journalists reported that they practiced self-censorship. Political parties, trade unions, and other groups published newspapers or magazines independent of government influence.

The government controlled the editorial line of the public Albanian Radio and Television, which operated a national television channel and a national radio station and, by law, received 50 percent of its budget from the government. While private stations generally operated free of direct government influence, most owners believed that the content of their broadcasts could influence government action toward their other businesses. Business owners also freely used media outlets to gain favor and promote their interests with both major parties.

Violence and Harassment: There were incidents of violence against members of the broadcast media during the year, and journalists were subject to pressure from political and business actors.

On January 21, police personnel beat journalist Ened Janina, political editor of the daily newspaper Shekulli, while he was covering a political demonstration in Tirana. According to Janina, a prosecutor initiated an investigation and received Janina’s testimony shortly after the protest, but he was never summoned again to testify. The same day, reporter Fatos Mahmutaj was grazed by a bullet that killed a man standing on the media riser. Mahmutaj claimed on several television shows that the bullet wounding him and killing another man came from Republican Guard soldiers. Mahmutaj reportedly received several death threats after his public statements and left the country days after the protest. In the spring, Mahmutaj was granted political asylum in Belgium.

Reporter Artan Hoxha aired footage of the January 21 protest that allegedly showed how one of the protestors died. Hoxha stated that four days after the broadcast, unknown men handed his 10-year-old son at home an envelope that contained three bullets.

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Police officers did not enforce the law equally, and an individual’s political or criminal connections often influenced enforcement of laws. Low salaries contributed to continued corruption and unprofessional behavior, which remained impediments to the development of an effective police force.

During the year the Ombudsman’s Office processed complaints against police officers mainly on arrest and detention problems. The Ombudsman’s Office received and made inquiries into 2,029 complaints during the year.

Arrest Procedures and Treatment While in Detention

The constitution requires that a judge or prosecutor issue a warrant for a suspect’s arrest based on sufficient evidence. There were no reports of secret arrests. The prosecutor may release the suspect or petition the court within 48 hours to hold the individual further. A court must decide within 48 hours whether to place a suspect in detention, require bail, prohibit travel, or require the defendant to report regularly to the police. In practice prosecutors requested and courts routinely ordered detention in many criminal cases. However, courts routinely denied prosecutors’ requests for detention of well-connected, high-profile defendants. The constitution requires that authorities inform detained persons immediately of the charges against them and of their rights. Police sometimes failed to do so. Under the law, police must immediately inform the prosecutor of an arrest. There is not an effective system for handling the monetary aspect of bail. Instead, courts often order suspects to report to police or prosecutors on a weekly basis. Courts must provide indigent defendants with free legal counsel. This right was respected in practice and defendants were generally informed of this right.

Many suspects are ordered to remain under house arrest, often at their own request, because they receive credit for serving this time if they are convicted. House arrest is not effectively monitored, and suspects can freely move outside without being detected by authorities.

Arbitrary Arrest: Arbitrary detentions or false arrests occurred infrequently.

Pretrial Detention: At the end of November, there were 1,901 persons in pretrial detention centers and 2, 878 convicted persons in prisons. Thus, pretrial detainees constituted 39.7 percent of the total prisoner population. The law requires completion of most pretrial investigations within three months; however, a prosecutor may extend this period to two years or longer. The law provides that the maximum pretrial detention should not exceed three years; there were no reports that authorities violated this limit during the year. However, lengthy pretrial detentions often occurred due to delayed investigations, defense mistakes, or the intentional failure of defense counsel to appear. Under the law, a judge cannot hold an attorney in contempt of court to prevent such delaying actions by attorneys.

Limited material resources, lack of space, poor court calendar management, insufficient staff, and failure of attorneys and witnesses to appear prevented the court system from adjudicating cases in a timely fashion.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary; however, political pressure, intimidation, widespread corruption, and limited resources sometimes prevented the judiciary from functioning independently and efficiently. In addition, court hearings are often closed to the public. Court security officers routinely refuse entry to hearings and routinely call the presiding judge in each case to ask if the person seeking admission may attend the hearing. Some agencies routinely disregard court orders. The politicization of appointments to the High and Constitutional Courts threatened to undermine the independence and integrity of these courts.

On September 9, a remotely detonated bomb killed district court Judge Skerdilajd Konomi in Vlore. The investigation into his death was ongoing at year’s end.

Trial Procedures

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Civil Judicial Procedures and Remedies

Individuals and organizations may seek civil remedies for human rights violations; however, courts were susceptible to corruption, inefficiency, intimidation, and political tampering. Many court hearings were held in judges’ offices, which contributed to a lack of professionalism and opportunities for corruption. These factors undermined the judiciary’s authority, contributed to controversial court decisions, and led to an inconsistent application of civil law.

Property Restitution

A large number of conflicting claims for private and religious property confiscated during the communist era remained unresolved. A 2010 European Parliament study found a lack of human resources, constant turnover within the Office for the Restitution of Property (ORP), failure to implement existing legislation, and allegations of corruption hampered efforts to restore property to rightful owners.

f. Arbitrary Interference with Privacy, Family, Home, or Correspondence

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Section 4. Official Corruption and Government TransparencyShare  <

The law provides criminal penalties for official corruption; however, the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity.

Corruption in the executive branch was widespread and pervasive. The education system remained corrupt, and officials sometimes required bribes from students for them to matriculate or pass examinations. Doctors and other medical personnel frequently demanded payment to provide what should have been free government services. As in other sectors, high-profile defendants usually were found not guilty, even in the face of overwhelming evidence. While numerous low and mid-level officials were prosecuted and often convicted for corruption, prosecuting higher level officials remained problematic.

The government prosecuted corrupt officials and managed complaints regarding corrupt police through the ombudsman and the Internal Control Service of the Albanian State Police. However, broad immunity provisions for judges, members of parliament, and other high-level officials prohibit not only prosecution but any use of investigative measures, hindering the government’s ability to prosecute high-level corruption.

The government’s task force against organized crime coordinated anticorruption activities. The prime minister headed the task force, which included several ministers and heads of independent state-owned agencies, such as the public electricity company, and representatives of the police and intelligence organizations.

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Corruption in the judiciary is pervasive. Many judges issue rulings that do not appear to have any basis in law or fact, leading some to believe that the only plausible explanation is corruption or political pressure. Broad immunity enjoyed by judges prohibits prosecutors from investigating corruption allegations until they make a public request to the High Council of Justice to lift the accused judge’s immunity, and receive its approval. Few judges have been prosecuted for corruption because most criminal investigations must remain secret, at least initially, in order to be successful.

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http://tirana.usembassy.gov/press-releases2/2012-press-releases

Fatmir Xhafai über die Schrott Justiz, die Peinlichkeit der Polizei und dem Tourismus bankrott
Die peinlichste Justiz der Welt, wo sich Mörder, Gangster, Drogenbosse bei Ministern und Richtern freikaufen.

[2] Albanien: US Professor Nikolla Pano, über die korrupte und inkompetente Justiz

[3] Pyschopaten wie Salih Berisha und Konsorten sabotieren die Justiz Reform in Albanien, in der Denkweise Antiker Berg B

Posted in: Albania