Europe and Central Asia Summary of Amnesty International’s Concerns in the Region, January-June 2007 ALBANIA Background Local elections took place on 18 February, following a campaign period accompanied by arguments about technical aspects of the voting procedure, and mutual accusations of malpractices and corruption. The Albanian Helsinki Committee (AHC) criticized the hate-speech used by political parties and their exaggerated promises to the electorate. The elections took place, nonetheless, without major disturbances. In April the Minister for Integration initiated a review of the national action plan towards implementing the commitments made in a Stabilization and Association Agreement which had been ratified by the European Parliament in September 2006. In May the Parliamentary Assembly of the Council of Europe (PACE) applauded the progress made by Albania since joining the Council of Europe in 1995, but urged the authorities inter alia to adopt without delay amendments to the Civil and Criminal Codes to decriminalize libel and reform civil defamation provisions; to “enforce speedily” recommendations made in July 2006 by the European Committee for the Prevention of Torture (CPT) and ensure the effective implementation of the Framework Convention on the Protection of National Minorities. The PACE also called on Albania to “implement effectively” the law on the prevention of domestic violence. By the end of June, government and opposition leaders had failed to agree on a presidential candidate to replace President Alfred Moisiu, whose mandate was due to expire on July 24. Death Penalty On 6 February Albania officially ratified Protocol 13 to the European Convention on Human Rights and Fundamental Freedoms (ECHR), thereby abolishing the death penalty in all circumstances. In April Parliament subsequently adopted Amnesty International 5 amendments to the Military Criminal Code revoking all provisions providing for the death penalty, which had been abolished for ordinary crimes in 2000. Torture and ill-treatment Amendments to Article 86 of the Criminal Code (CC) (“Torture and any other degrading or inhuman treatment”) introduced in February adopted the definition of torture as set out in the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Convention). The previous wording of Article 86 had been so vague that it failed to define the elements of the crime of torture and ill-treatment, and consequently had been criticized in 2005 by the UN Committee against Torture, which called for its amendment. The minimum penalty for this offence was reduced from five to four years’ imprisonment; the maximum penalty remained 10 years’ imprisonment, except in cases resulting in permanent injury or death which was punishable under Article 87 by up to 20 years’ imprisonment. However, other articles of the CC under which those suspected of torture and illtreatment (not resulting in death or permanent injury) have previously been indicted, in particular Article 250 (“arbitrary acts) were not abolished or amended. AI was concerned that in practice police who ill-treat detainees may continue to be charged with such offences, which are generally punished by non-custodial penalties – fines or suspended prison sentences. (In separate trial proceedings before Tirana District Court two police officers were convicted of "arbitrary acts" in February and May respectively, and sentenced to fines.) At the end of the period under review the Albanian authorities had not yet given the CPT permission to publish its report on its visit to Albania in March 2006. AI Index: EUR 01/010/2007

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