Report on 12 Key Priorities June -July 2012 Final

7/30/2019 Report on 12 Key Priorities June -July 2012 Final

1/82

REPUBLIC OF ALBANIAMINISTRY OF EUROPEAN INTEGRATION

REPORT ON THE IMPLEMENTATION OF THE ACTION PLAN ADDRESSING THE

RECOMMENDATIONS OF THE EC OPINION FOR ALBANIA


2/82

Contents

INTRODUCTION ....................................................................................................................................................... 3

PRIORITY 6 - PUBLIC ADMINISTRATION REFORM ...................................................................................... 4

PRIORITY 7- RULE OF LAW AND REFORM OF THE JUDICIARY .............................................................. 6

PRIORITY 8- ANTI-CORRUPTION STRATEGY AND ACTION PLAN .......................................................... 9

PRIORITY 9- FIGHT AGAINST ORGANIZED CRIME .................................................................................... 13

PRIORITY 10- STRATEGY AND ACTION PLAN ON PROPERTY RIGHTS................................................ 22

PRIORITY 11- REINFORCE THE PROTECTION OF HUMAN RIGHTS ...................................................... 26

PRIORITY 12- IMPROVE THE TREATMENT OF DETAINEES .................................................................... 30

ANNEX: REPORT ON THE ACTION PLAN FOR THE PROGRESS MADE FOR EACH

ACTIVITY/MEASURE ............................................................................................................................................ 33

PRIORITY 6:PUBLIC ADMINISTRATION REFORM...................................................................................................... 33

PRIORITY 7:RULE OF LAW AND REFORM OF THE JUDICIARY.................................................................................... 36PRIORITY 8:ANTICORRUPTION STRATEGY AND ACTION PLANE ............................................................................ 42

PRIORITY 9:FIGHT AGAINST ORGANIZED CRIME ...................................................................................................... 45

PRIORITY 10: STRATEGY AND ACTION PLANE ON PROPERTY RIGHTS ....................................................................... 63

PRIORITY 11:REINFORCE THE PROTECTION OF HUMAN .......................................................................................... 64PRIORITY 12:IMPROVE THE TREATMENT OF DETAINEES .......................................................................................... 74


3/82

Introduction

Measures foreseen in the Action Plan addressing the recommendations of the EC Opinion arebeen implemented according to the time frame foreseen.

The following report includes an executive summary of the main achievements forrecommendations 6 to 12, for the period of June - July 2012 and additional information ondifferent issues raised during the consultative meeting with EC on 4 th of July 2012. The detailsfor fulfillment of specific measure are given in the corresponding tables for each priority, in

which are included only those measures from the Action Plan where progress has been identifiedfor this reporting period of time.


4/82

Priority 6 - Public Administration Reform

In the public administration reform during this period efforts have continued in terms of

improvements of the legal framework, ensuring effective implementation of the existing legalframework as well as investing in capacity building.

Amendments to the legal framework: Regarding the draft the law on Civil Service, as part ofthe consultation process the draft-law is delivered officially to line ministries and independentinstitutions, for final official comments. As soon as these institutions present their comments andafter they will be reflected on the draft-law, the process will continue with the other steps for

adopting the draft-law, initially by the Council of Ministers by the end of July 2012 and then bythe parliament at beginning of September 2012.

For the developments regarding the adoption of the draft-law on Administrative Courts, theWorking Group is examining the possible amendments to the Code of AdministrativeProcedures, which is expected to be finalized within 2012.

As for the draft law on thefunctioning of the public administration as soon as SIGMA finalizesand delivers their comments on the draft-law, the process will continue with the required stepsfor proper consultation and approval of the draft-law.

Essential steps need to be undertaken in public administration reform, including changes

in civil service law and strengthening the Department of Public Administration, aiming to

increase the professionalization and de-politicization of public administration, as well as

enhance appointments and promotions based on transparency and merit.


5/82

Regarding the implementation and monitoring the Council of Ministers Decision on theinstitutions set-up, in terms of structural and organizational set-up, currently the organizational

set-up of 12 ministries have been completed and are in line with the CoM decision. While in thetwo remaining ministries are still in the process.

Make fully functional the Human Resources Management Information System: DoPA willmake functional the salary module for all institutions, expanding the system for 14 ministries bythe end of 2012. A contract is expected to be signed for application upgrades and maintenancefor a period of 2 years.

Offer on-going training for effective response to development needs of the Civil Service:

Trainings have continued to be delivered by TIPA according to the Training Plan. For thismonth, June 2012, there have been organized 20 training courses and trained 321 civil servants.Regarding the creation of a new upgraded Academy that will replace TIPA, the establishment ofthe School of Public Administration is part of the Strategy of Public Administration Reform, thedecision will be taken under the process of drafting the New Strategy of Public Administration

Reform, which is planned by 2013.

Please refer to the respective table for details on the progress made for each activity/measure at

the Annex of this document.


6/82

Priority 7- Rule of law and reform of the judiciary

Regarding the Action Plan for Priority 7, for the period June -July 2012 the following measureshave been successfully implemented.

The Working Group tasked with the analysis of the Law No 8588 of 15.03.2000 "On the

organisation and functioning of the High Court of the Republic of Albania" concluded thatamendments to this law are necessary. A wide consultative conference with all stakeholders wasorganized by EURALIUS and Ministry of Justice, in that respect on 6 - 7 June 2012.Representatives from Parliamentary Committee for Legal Issues, Public Administration andHuman Rights (from DP and SP), were present as well as. The comments/suggestions that cameup to the conference are integrated to the draft law. Therefore, a draft law "On some amendmentsand addenda to Law No 8588 of 15.03.2000 On the organization and functioning of the High

Court of the Republic of Albania" was drafted and approved by the Council of Ministers in itsmeeting of 4 July 2012. This draft law will be examined by the parliamentary Committee onLegal Affairs in a weeks time.

In the same meeting of 4 July, the Council of Ministers approved the draft law "On theorganization and functioning of the National Judicial Conference", which will be examined bythe parliamentary Committee on Legal Affairs in a weeks time.

The Working Group tasked with the draft law "On the organisation and functioning of thejudicial administration" produced a preliminary analysis and is working on the amendments,taking in consideration the issues identified by the Euralius III Expert Mission as well as the

Strengthen rule of law through adoption and implementation of a reform strategy for the

judiciary, ensuring the independence, efficiency and accountability of judicial institutions.


7/82

With regard to eventual changes to the Code of Administrative Procedure, the working group in

cooperation with the Euralius Mission - following adoption of the law on adjudication ofadministrative disputesis actually examining:

the Law on Administrative Courts; the Input submitted by the SIGMA Mission experts; the Code of Administrative Procedure in force.

A final draft is expected to be finalised within 2012.

The Working Group tasked with the draft law "On some amendments and addenda to Law No7905 of 21.03.1995 "On the Code of Criminal Procedure of the Republic of Albania", asamended analysed the provisions of this Code and set up a Task Force which will present afinalised input; consultations with the Task Force are expected to continue. The working sub-groups will be summoned to finalise their respective Articles and the whole process is to becompleted until February 2013.

As for the draft law "On some addenda to Law No 9109 of 17.07.2003 On lawyers profession

in the Republic of Albania", as amended, the final draft is ready; it will be finalised in theconference of 18 July in cooperation with the Slynn Foundation and Euralius, and then it will besubmitted to the Council of Ministers for examination and approval.

The following acts are under preparation and adoption procedure: Draft law "On the Official Publications Centre; Draft law "On the right of access to official documents.

From these developments, the work of four Working Groups: On the School of Magistrates;On creation of the Office of Administration of Judicial Budget; On the Constitutional Court


8/82

- monthly periodical exchange of statistics on the data of complaints against judges, filedto both institutions, including columns on corruption and code of ethics, in view of

preventing double inspections for the verification of claims set out in those complaints.

In the field of execution of judicial decisions, regarding the number of successful cases executedfrom private bailiff, the data which you will find attached in the annex 7.1 is generated from theALBIS system till 10.07.2012. These data are not complete so as to conclude on the exactnumber of executive titles executed by the private bailiff, because not all the data have beenupdated from private bailiff.

In the Council of Ministers meeting, held on 27 June 2012 the recommendations of the Councilof Ministers, for the General Prosecutors Office regarding, the fight against criminality for 2012,were approved. Currently it has passed in the Parliamentary Committee for Legal Issues, PublicAdministration and Human Rights in the parliament and is ready for the plenary session.

The process of installation Audio recording system continues. During this period installation

took place in 4 courtrooms in Durres District Court, and is functioning well. Also relevanttrainings have been conducted. For the purpose of the effective use of this system, in June 2012the Minister of Justice has approved the Instruction No. 282, dated 15.06.2012 On keeping of

minutes of the judicial hearing by audio means, establishing compulsory rules on the

maintenance of minutes of the judicial hearings via audio recording, through digital means;functioning of the audio recording system and way of preservation of audio recording documentsand preparation, if necessary, of their transcriptions.

Regarding implementation of the Law No 10039 of 22.12.2008 "On legal aid", the StateCommission for Legal Aid has reviewed and approved 38 (thirty-eight) cases during Jan-May


9/82

Priority 8- Anti-corruption strategy and action plan

In the fight against corruption, for the period of June 2012 efforts continue in terms of enhancinginter-institutional operation as well as in the direction of operational framework.

Revision of the legal framework, on high-level public officials and judges concerning unlimited

immunity: The Conference of Chairmen of Parliamentary Groups decided to discuss in theplenary session of 6 August, the constitutional draft amendments concerning the parliamentmembers and judges immunity. This will be an extraordinary session, which reflects the

willingness to resolve this issue. The amendments are presented by parliament members of themajority as proposed by PACA and EURALIUS. In addition to this, the proposed amendmentsare in line with the oppositions request to resolve the immunity issue, through constitutional

amendments.

Regarding the increase of transparency in the judiciary through the digitalization of the systemand use of information technology, it has continued the implementation of the project for

installation, at all courts, of the audio recording system of judicial hearings under the assistanceof USAID Project( please refer to the Priority 7 for more details).

Efforts are made in improving the system of judges inspection by the Ministry of Justice and

Effectively implement the governments anti-corruption strategy and action plan,

remove obstacles to investigations, in particular of judges, ministers and Member of

Parliaments; develop a solid track record of proactive investigations, prosecutions and

convictions in corruption cases at all levels.


10/82

Please find attached in the annex No.8.1 further explanation on the measures taken for fightingcorruption in the judiciary, as required during the consultative meeting on 4th of July 2012.

Based on the joint order between GPO, Ministry of Justice, Ministry of Interior On the

establishment of the Working Group for harmonization of statistics on corruption cases (andtrack record system) during the reporting period the working group has conducted its forth

meeting in 15 June 2012. In this meeting, the working group examined the table with integrateddata referred by the police, prosecutors office and court for years 2009, 2010, 2011 and the firstquarter of 2012, and has worked on the coordination of some of the data reported incompliant.

The working group organized its meeting on 12 July 2012 and the solid track record ( until 2011)is adopted. Please find it attached in the annex No 8.2. The working group is working in order tofinalize and submitt cases of corruption for the solid track record for the first 6 months of 2012and also harmonized statistics2009/2010/2011/1st quarter of 2012.

Concerning the latest statistics on corruption, during the first semester of 2012, there have beenidentified 249 corruption related criminal offences and crimes of officials on duty, with 410

suspected offenders, out of which 52 are arrested/detained, 355 are prosecuted while free and 3are declared as wanted. Regarding corruption, there have been identified 50 cases, with 126suspected offenders, out of which 37 are arrested/detained, 88 are prosecuted while free and 1 isdeclared as wanted. There are conducted 32 cases with pro-active investigations (3 preventive +29 procedural cases) for corruption offences.

During the first semester of 2011 there have been identified 197 corruption related criminaloffences and crimes of officials on duty, with 284 suspected offenders, out of which 25 are

arrested/detained, 258 are prosecuted while free and 1 is declared as wanted. Only for corruptionthere have been identified 28 cases with 58 suspected offenders, out of which 21 arearrested/detained, 36 are prosecuted while free and 1 is declared as wanted. Compared with


11/82

which 14 are arrested in flagrancy, 6 are prosecuted while free and 1 is declared as wanted. Thisyear it is increased twice the number of criminal groups hit.

During January June 2012 there have been conducted 11 police operations with specialinvestigations techniques; During January June 2011 there have been conducted 6 policeoperations with special investigations techniques. This year there have been conducted twicemore police operations with special investigations techniques.

Concrete results in the fight against corruption - Table:

JanuaryJune 2011 January- June 2012 Difference

No. of police cases on corruption 28 50 + 80%( or 22 cases)

No. persons involved 58 126 +120%( or 68pers)

No. proactive investigations 25 32 +7 case or 28%

It was suggested in the AP an

increase up to 6%, but now

we increased 28%

No. police operations

No.persons suspected

7

27

15

60

Doubled or +8 operations

+23

No. criminal groups( with more

3persons) hitted

4 8


12/82

With the DCM date 6 June 2012 On the determination of entities entitled to access the

electronic database of real estate it is decided that all notaries and General Prosecution will have

access to the real estates registry. The aim for the establishment of the Real estate on-line registeris amonge others, to reduce contacts of the citizens with IPRO employees and to allow to them tocommunicate and make on line applications for their proprety and/or through the notary offices.In this framework, a Memorandum of Understanding was signed between the GeneralProsecution Office and the Commissioner for Personal Data Protection on 18 May.

The Council of Minister in the meeting on 4th of July 2012 adopted by DCM no. 433 and 434

the amendments on law On declaration and control of assets and law On conflict of Interests.Through these amendments among others it is aimed at:

strengthening of capacities and enhancing the role of Responsible Authorities for theprevention of conflict of interest during the exercising of public functions;

the strengthening of limitations and restrictions of private interests of local governmentelected officials;

extending the declaration target, including of directors of health and education sector orother important institutions at district level;

including the partner/cohabitant( as defined in the Family Code) as a subject into the

Declaration upon request among the people who must declare their individual interests; having the family members of officials face legal responsibility, in cases of refusal to

declare or hidden assets. strengthening administrative sanction measures against declaring subjects and related

individuals, in cases of infringements of declaration process and legal deadlines. the legitimating of HIDAA as a party to a hearing process.

As regards the institutional cooperation, through PACA project and pursuant to the MoU dated3 05 2012 with CORIP it is being drafted the methodology for classifying the areas of high


13/82

Priority 9- Fight against organized crime

For the reporting period progress continues as regards the strengthening of inter-institutionalcoordination in the fight against organized crime, trainings of law enforcement agencies, fight

against drug trafficking, enhancing cooperation with international cooperation with foreign lawenforcement agencies.

Strengthening of inter-institutional coordination in the fight against organized crime: Thedraft Order of the Prime Minister On the establishment of the regional committees for theprevention and fight against theft and trafficking of works of art and culture has been prepared.

The Customs Service has already been granted access to TIMS system in order to implement theobligations set by the CoM decision no.22, dated 14.10.2009 relating to the monitoring of theclosing of the temporary regime of vehicles with foreign plates.

On 19 - 20.05.2012, the operation Rrjeta(the Net) was conducted to identify, block and seizestolen, trafficked and foreign-plated vehicles circulating in the Albanian territory in violation ofour legislation. This operation led to the seizure of 18 stolen and trafficked vehicles and 7vehicles with irregular documentation. 18 offenders are being prosecuted while free.

During May-June, there have been evidenced 85 criminal offences related to the trafficking ofvehicles with 86 offenders being prosecuted while free and 1 is declared wanted.

A i i i i h b i i i d hi h i i l i l d i h

To intensify the fight against organized crime based on an assessment of threats and

proactive investigations increased cooperation with regional partners and the EU, and

coordination of law enforcement agencies. To create a solid track record in this area.


14/82

Further reduction of cannabis sativa cultivation: The awareness campaign has continuedorganizing the National conference, 3 Regional conferences and conferences in 12 regions with

the involvement of the regional committees as well as about 150 community meetings.

During the period AprilJune there are carried out:

It is ongoing the Operational Plan No.578, date 10.05.2012,For searching, monitoring,detecting and eradicating of the cultivated cannabis sativa plants and sending to justice ofthe respective perpetrators, which defines clearly police tasks in fight against illegalcultivation of narcotic plants. This Operational Plan is sent to all regional PoliceDirectorates in Albania.

The main police leaders of the Department for Public Security during this period havecarried out meetings in all regional Police Directorates based in the scheduled planapproved by the General Director of ASP, according to the implementation of theNational Action Plan No.41, dated 29.03.2012 and specific detailed plans designed by theregional police directorates, focusing in searching of terrain and collecting informationconcerning this illegal criminal activity.

As well, in the framework of the collaboration with Italian Police Mission in AlbaniaInterforce, it is drafted and signed the Cooperation Protocol dated 16.06.2012 betweenGeneral Directorate of ASP and Italian Ministry of Interior, where there are defined andplanned joint tasks such as aerial monitoring of Albanian terrain by using Italian aircraftsequipped with high tech devices. In this respect there are developed two expert meetingswith Italian partners (pilots and aviation staff included) regarding technical detailsrequired for successful future missions.

During this period based in the Order No 1/541 dated 20.06.2012 For developing the

training Knowledge on drugs, main areas of narcotic production, internationaltrafficking routes and drug trafficking, narcotic sequestration and their eradication. In thistraining there are 15 police officers benefited. Training is carried out by Serious Crimeprosecutors


15/82

The SOPs are approved by the Order of the General Director of Police no.217 dated 18.05.2012On the approval of the standard procedures for the Track Record for the serious crimes

scenes. 850 copies of this register and SOPs we produced and distributed to all the local policestructures. Implementation of this register started on 1 July and is extended to all structures ofState Police.

To implement the National Action Plan for the Fight against Trafficking in Human Beings

and the National Action Plan for the fight against trafficking in children and protection of

children victims of trafficking 2011-2013: At present, every identification and referral ofvictims/potential victims of trafficking is conducted in compliance with the Standard OperatingProcedures for the Identification and Referral of Victims/Potential Victims of Trafficking.ONAC and IOM have conducted trainings with participants from: the General Directorate ofState Police (anti-trafficking, border, minors), State Social Service, Regional Directorates ofEducation, Regional Directorates of Public Health, State Inspectorate of Labor etc. More than

500 persons have been trained in total.

Also, to enable the facilitation of the use of SOPs, ONAC in cooperation with IOM is compiling

brochures which will contain simplified information on SOPs for all the responsible actorsinvolved in the identification and referral of victims/potential victims of trafficking.

ONAC in cooperation with the National Employment Service and Different & Equal (NGO)conducted various trainings on the topic The Successful Reintegration of Victims of Trafficking

in the Albanian society through employment. In the trainings participated 100 persons.Trainings were conducted in: Lezha, Fier and Shkodra in the months of May and June.

The revised Cooperation Agreement on the Establishment of the National Referral Mechanism

was signed in June 15th 2012.


16/82


17/82

JanuaryJune 201121 cases reported to PO

JanuaryJune 201261 cases reported to PO

6. Statistics regarding production and trafficking of drugs for JanuaryJune 2012.Data on offences registered, offenders involved and criminally charged and quantity of drugssequestrated

Type of drugs Cases Solved Quantity Offenders Arrested On bail Wanted

Heroine 55 55 52 kg 886.9 gr 71 64 6 1

Methadone 0 0 12.9 gr 0 0 0 0

Cocaine 23 23 667.6 gr 40 34 3 3

Marijuana 349 328 9030kg 377.5 gr 466 302 143 21

Hashish 1 1 5 kg 111.6 gr 1 1 0 0

Hashish oil 0 0 500 gr 0 0 0 0

Cannabis seeds 4 4 337.9 4 1 3 0

Mixer 2 2 3 kg 275.7 gr 3 3 0 0

Total 434 413 585 405 155 25

For comparative reasons Data on offences registered, offenders involved and criminally chargedand quatity of drugs sequestrated for January - June 2011.


18/82

Compared to the same period of last year there is an increase by 33.5% of the seizures;21.6 %

increase of the number of offenders identified in drug related offences; 10.5 % increase of

the number of offenders arrested.

In 2012 there is: 304.7 % increase of seizure of heroine; 100% increase of seizure of

marijuana but a 31.7% decrease of seizure of cocaine. Compared to the same period of lastyear

Type of drugs January - June 2012 JanuaryJune 2011 %

Heroine 52 kg 889.9 gr 13 kg 67.1 gr 304.7

Cocaine 667.6 gr 977.9 gr -31.7

Marijuana 9030 kg 377.5 gr 4513 kg 952.5 gr 100.05

During the first half of 2012:

There have been conducted 28 operations with special investigation means; (28 havebeen conducted during the same period of 2011) 28 criminal groups involved in drug trafficking and distribution have been dismantled,

132 persons arrested (25 have been dismantled with me 121 persons arrested during


19/82

Disseminated to the Police 160 72

Disseminated to Prosecution 51 16

TOTAL 211 88

II. The following table represents the statistical data regarding the requests for information of thelaw enforcement authorities to GDPML, during 2011 - 01.01.2012 to 30.06.2012.

Institution No. of requests for 2011 01.01.201231.03.2012

Albania State Police

Prosecutors Office

Total 182 178

In order to increase the number and the quality of the SARs (Suspected Transactions), theGDPML has provided detailed feedback on individual cases, through outreach activities as wellas the publication of guidance for the obliged entities. These efforts have led to a substantialincrease, 383 SARs received in 2011 vs. 211 for 2010, amounting to an 81.5% increase, of thenumber of SARs reported to GDPML by obliged entities in 2011. An important indicator of theincreased quality of the SARs, is that following their analysis in 47% of them GDPML, hasdisseminated information to law enforcement agencies (compared to 29% of them in 2010). The


20/82

General Directorate of Customs(GDC)

15 20 15

General Directorate of Taxation 1 - 1

(CORIP) - 8 12

(HIDAA) 6 - -

Others 12 - 1

TOTAL 211 383 227

IV. The detailed information regarding inspections conducted by GDPML are presented in thefollowing table:

JanuaryJune 2012 JanuaryJune 2011

Nr Subject On-site Off-site On-site Off-site

1 Banks 5 8

2 Construction companies 12 4 5

3 Bureau de Change 8 20 3 1

4 Games of Chance 2 10

5 PP Institute 3

6 Car Dealers 13 1

7 Notaries 2 5 1 17


21/82

In USD 845,281 3 698

In ALL 23,065,989 10 332 945

Seized by the Prosecution and Courts 537,989 EURO;10,877,521

ALL;347,084 USD in various bankaccounts

370 000 EUR

Please refer to the respective table for details on the progress made for each activity/measure .


22/82

Priority 10- Strategy and action plan on property rights

Regarding the Action Plan for Priority 10, for the period June July 2012 a number of measureshave been successfully implemented.

In the of the Council of Ministers meeting, held on 27 June 2012 the Cross Sectoral Strategy onProperty Rights and its Action Plan were approved. This initiative fulfils one the importantmeasure in the Action Plan of Key Priority no. 10, "Property rights". It should be emphasizedthat the adoption process of this of this strategy went through a very wide consultation process.

As it was required during the consultative meeting on 4th of July, since the beginning of work for

drafting this strategy, the consultation process has undergone several stages structured asfollows:

1. Working group

The members of the Working Group assigned by virtue of the Order of the Minister of Justice,No. 6568, dated 26.9.2011

Deputy Minister of Justice; Experts of the Ministry of Justice; representatives from the State Advocate;

t ti f th C t l Offi f I bl P t R i t ti

Prepare, adopt and implement a national strategy and action plan on property rights

following broad stakeholder consultation and taking ECtHR case law into account; this

should cover restitution, compensation and legalisation processes.


23/82

In December 2011 it was held the consultation with representatives from the World Bank, OSCEand UN OMEN. They submitted comments of interest which were analyzed and reflected in

the first draft of the strategy.

3. First official consultation

In March 2012 the draft strategy and the action plan were subject to the official process ofconsultation. By letters No. 1852 Prot and No 1853 Prot., dated 6.03.2012, the draft strategy andthe action plan were sent for opinion to the following state institutions and international partners:

State institutions:

i) Ministry of Economy, Trade and Energy; ii) Ministry of Finance; iii) Ministry of Agriculture,Food and Consumers Protection; iv) Ministry of Environment, Forests and WaterAdministration; v) Ministry of Public Works and Transport; vi) Ministry of Interior; vii)Ministry of Tourism, Culture, Youth and Sports; viii) Ministry of Integration; ix) Ministry ofInnovation and Information Technology and Communication; x) Central Office of Immovable

Property Registration; xi) Agency of Restitution and Compensation of Property; xii) GeneralState Advocate; xiii) Agency of Legalization, Urbanization, Integration of InformalZones and Constructions; xiv) National Entity for Dwelling Houses; xv) Departmentof Strategies and Foreign Assistance Strategic Coordination and xvi) Department of InternalAdministrative Audit and Anti-Corruption

Donors:i) EU Delegation; ii) EURALIUS Mission; iii) OSCE Presence in Albania; iv) World Bank; v)Council of Europe in Albania; vi) UN OMEN and vii) Swedish Embassy.


24/82

Administration; v) Ministry of Public Works and Transport; vi) Ministry of Interior; vii)Ministry of Tourism, Culture, Youth and Sports; viii) Ministry of Integration; ix) Ministry of

Innovation and Information Technology and Communication; x) Central Office of Registrationof Immovable Property; xi) Agency of Restitution and Compensation of Property; xii) General

State Advocate; xiii) Agency of Legalization, Urbanization, Integration of Informal

Zones and Constructions; xiv) National Entity for Dwelling Houses; xv) Departmentof Coordination of Strategies and Strategic Coordination of Foreign Assistance and xvi)Department of Internal Administrative Audit and Anti-Corruption; xvii) Ministry of Labor,Social Affairs and Equal Opportunities; xviii) 2 Advisors of the Prime Minister, the one forLegal Matters and the other for Territory and Property-related Matters;

Business representatives

Association of Builders represented by Mr. Avenir Kika

Confindustria (did not participate)

Bank Association represented by Mr. Seyhan Pencabliail

Association of Owners represented by Mr. Agim Toro

Donors

Heads of EU Delegation; Euralius Mission; OSCE Presence in Albania; World Bank; Office ofCouncil of Europe in Albania; UNIFEM Program in Albania; Swedish Embassy

6. Consultation with contracted expert

From 15 May to 5 June 2012, the working group of the Ministry of Justice together with Mrs.Kathrine Kelm, expert of the European Delegation, have worked to revise and reflect the


25/82

The draft strategy and the action plan were adopted on 27 June 2012.

9. Continuity of consultation

The strategy will be continuously subject to public consultation for the implementation ofstrategy policies. For this purpose, by virtue of the order of the Minister of Justice, a monitoringstructure will be set up such as the Advisory Group, which will consist of representatives from

the groups of interest, academics and civil society.

Please refer to the respective table for details on the progress made for each activity/measure.


26/82

Priority 11- Reinforce the Protection of Human rights

During the reporting period, measures have been taken in respect of increasing awareness towardgender based violence, measures for the protection of rights of children, rights of LGBT, peoplewith disabilities and the protection of Roma rights.

Increase awareness toward gender based violence, legal and administrative protection and

support with services victims of violence and abusers: Regarding the National Coordination

Mechanism for the fights against domestic violence (NRM), 22 NRMs are already establishedcountrywide.

The Ministry will continue to work on strengthening the mechanisms for gender equality anddomestic violence across the country.

Effective Implementation of the Strategy on the Rights of the Children: Regarding the

number of establishment of Child Protection Units 11 CPUs have been established at region leveland 58 at municipality/commune level. CPU-s are established and managed by the localgovernment (region, municipality, commune). The adoption of the legal framework for children,that aimed also the institutionalization of the structures for children at the local level, has been animportant incentive for local governments in taking responsibility for protecting children, by

increasing the number of new CPU. Well-functioning of the system of protecting children'srights depends significantly on local authorities, who must recognize their role andresponsibilities, even in term of planning their budgets, to provide care and protection for

Take concrete steps to reinforce the protection of human rights, notably for women, childrenand Roma, and to effectively implement anti-discrimination policies.


27/82

Regarding the monitoring of the LGBT Plan measures is ensured by the Directorate for EqualOpportunities and Family Policies at MLSAEO, being that it falls under its mission:

1. Develop and propose policies on gender equality and prevention and combating of violenceagainst women, including domestic violence; protection from discrimination on grounds ofsexual orientation and protection of child's rights.2. Ensure follow-up and monitor the implementation of the national Strategy on Gender Equalityand against Domestic Violence and its Action Plan.3. Develop and ensure follow-up of programmes that promote and foster women's rights and the

fight against domestic violence, non-discrimination on grounds of sexual orientation andprotection and promotion of child's rights.

Regarding the status of plan budgeting, so far were received budgeting from Commissioneragainst Discrimination, UNFPA and Ministry of Education and Science. Also are expectingbudgets from other institutions or donors.

Effective implementation of the National Strategy on People with Disabilities:Regarding theestablishing a timeline for adoption of the Law on persons with disabilities, the inter-ministerialworking group has approved the timeline, until the final approval of the law by the end of 2012.

Concerning the consultative sessions with civil society on the Draft Framework Law onProtection disabled, the first session will be held on July 16, 2012 in Shkodra , where the CS(consultative sessions) organisations of the northern areas of the country should participate.

As regards reimbursement of electricity bills, the Council of Ministers approved Decision No404 of 20.06.2012 "On the extent, requirements and procedures governing eligibility forfinancial compensation of electricity bills and fixed telephony bills to the benefit of people


28/82

require the Municipality of Tirana to include these families in the lists of the homeless peopleand consider their housing a priority through social programs.

Regarding the implementation of the conclusions of the "Seminar on inclusion of Roma and

Egyptian communities in the framework of Albania's European Union integration", on 18 June2012, a meeting was organized between f MOLSAEO and EUD in Tirana, to discuss in detail theaction plan of measures to achieve the recommendations of the Roma seminar. The conclusionsof this meeting were presented in the Interministerial Committee meeting where was stress to allministries to make necessary improvements to have concrete measures associated with the

respective budget. Additionally,a high level joined meeting was organized between MOLSAEO,DG Enlargement and EUD in Tirana, on 3 July 2012. In the meeting were discussed themeasures foressen to address the conclusions of the "Seminar on inclusion of Roma andEgyptian communities". This meeting was finalized with some general recommendations andsome specific comments on specific areas. As soon as these institutions present their commentsand after they will be reflected on the final -draft, which is expected to be finalized within July2012.

Commissioner for Protection from Discrimination: Regarding the cases handled from the

Commissioner for Protection from Discrimination, The Commissioner based on article 32, 33of the Law 10 221 on 04.02.2010 On Protection from Discrimination, it has these

competences:- To examine complaints from persons or groups of persons who claim that they have been

discriminated against as provided in this law;

-

To examine complaints from organizations that have a lawful interest to act in the nameand with the written consent of individuals or groups of individuals who claim thatdiscrimination has occurred;T f d i i i i i i f h i f dibl i f i b


29/82

In 2012 the Commissioner for Protection from Discrimination has taken 8 decisions, of which in3 decisions has found discrimination. In these decisions the Commissioner has provided for

concrete measures to the subjects against whom the complaint was submitted both with the timelimit for their implementation.

Regarding the number of decisions, the data which you will find attached in the Annex 11.1



30/82

Priority 12- Improve the treatment of detainees

Regarding the Action Plan for Priority 12, for the reporting period the following measures havebeen successfully implemented.

The Joint Working Group between the Ministry of Health and Ministry of Justice assessed thesituation, examined the sites and completed inspections in April 16-03 May 2012 by as follows:

a. The Special Hospital in Kruja (for detainees with mental disorders)b. Former Infectious Diseases Hospital and the surrounding sites, at the Military Hospital

(situated north west Tirana)c. The empty space adjacent to the Prison Hospital (The prison Hospital is situated within

the perimeter of Mother Therese University Hospital.

The three proposals have been presented to the Government for final decision. The StrategicPlanning Committee has approved the variant C, due to vicinity of all necessary resources(within the main hospital of the country).

Regarding the budget for prisons maintenance for 2012, the total amount approved for the

maintenance of all Albanian prisons 76726.31 EUR.

The Law no. 44/2012, For mental health approved by the Parliament, specifies the categories

that will be treated at the special medical institutions This law has been drafted in all inclusive

Take additional measures to improve treatment of detainees in police stations, pre-trialdetention and prisons. Strengthen the judicial follow-up of cases of ill-treatment and

improve the application of recommendations of the Ombudsman in this field.


31/82

Court has decided obligatory treatment at a medical institution, of the detained orsentenced persons that manifest disorders of the mental health, during the period of the

sentence, as well as treatment of the persons for whom the Court has decided temporaryhospitalization at a special medical institution in accordance with article 239 of the Codeof Penal Procedure.

2. Treatment of the persons in special medical institutions is similar with the treatment ofthe other patients with mental health disorders. Special medical institutions, defined in

article 1 of this law, are part of the integrated health system. The manner ofestablishment, creation and functioning of these special medical institutions and the

security measures for their security are decide with a decision of the Council ofMinisters.

Article 29 - Mental health in institutions for the execution of penal decisions.

1. The sentenced and detained persons that are in the institutions for the execution of penaldecisions and that suffer from mental health disorders, benefit from the same right for

special medical treatment in these institutions or at the Hospital Center of Prisons.2. Treatment and care for mental health, according to topic 1 of this article, is offered in anon-discriminative manner and according to medical standards that are carried out for

other categories of persons with mental health disorders.3. The Ministry of Health, through mental health services, offers, according to the needs, all

necessary assistance for diagnosing, treatment and rehabilitation of the persons withmental health disabilities, according to topic 1 of this article.

Regarding the track recorded casesin 2011, there were no cases of violence against prisoners inthe penitentiary system. This is mainly due to the staff ability to resolve disputes throughcommunication and without resorting to force or other coercive means It also indicates the


32/82

no. 3006 dated 07.05.2012 of the General Director of Prisons and in the framework ofrecommendations made by the Torture Prevention Committee (TPC), all Criminal Decision

Enforcement Institutions (CDEI) have the task to install keys in the file cabinets or shelveswhere medical cards of detainees and pre-detainees are held, assigning administrativeresponsibility and legal obligation to them. Taking into consideration the request for informationfollowing the consultative meeting held on 04.07.2012, in the framework of the Action Plan forthe KP 12, , the Investment Section in GPD has made an estimate for change of cells doors/keysin all prisons. According to this estimate, 1246 cells doors should be reconstructed. The price of

a metallic door with all metallic grids plus concrete doors shoulders reaches to 500 euro perpiece. Thus, the overall investment reaches to 623 000 euro. In the budget of 2012-2013, no

forecast is made to fully change the doors. The institutions foreseen to be reconstructed withapproved funds, should explore the opportunity for interventions to doors or cells keys, as it isthe case of investment in CDEI Lezhe during 2011. The planning of funds shall be made in thebudget of 2014, on basis of priorities of the Prison System and approval of funds of relevantstructures.



33/82

33

Annex: Report on the Action Plan for the progress made for each activity/measure

Priority 6: Public Administration Reform

No Planned measures/ activities Deadline/ Date Comments / Current status

1.2 To draft the law on Civil Service legislation and to

organize consultations with all relevant

stakeholders.

- Consultation of draft with stakeholders,

including line ministries, independent

institutions, Parliamentary LawCommission, representative of opposition

and civil society.

April 2012

Deliverable identified jointly in the consultative meeting with the EU

Commission services on 6 March 2012.

Current status

After the consultative conference with all stakeholders, which was held on

29th May 2012, as part of the consultation process the draft-law is

delivered officially to line ministries and independent institutions, for finalofficial comments. As soon as these institutions present their comments

and after they will be reflected on the draft-law, the process will continue

with the other steps for adopting the draft-law, initially by the Council of

Ministers by the end of July 2012 and then by the parliament at

beginning of September 2012.

2.1. Develop a draft law on the functioning of the public

administration, in terms of the functioning of the

institutions of the executive.This draft law set rules and standards similar to:

The creation of institutions of public administration;

The relationship between public administration

institutions (dependency, reporting, communication

etc);

Separation of functions for the apparatus of

ministries, independent institutions and institutions

April 2012



Current status

As soon as SIGMA finalizes and delivers their comments on the draft-

law, the process will continue with the required steps for proper

consultation and approval of the draft-law.

The draft-law will be approved by the Council of Ministers by the end of

July and sent to the parliament at beginning of September 2012.


34/82

34

under the line ministers, or of the Prime Minister.

Organize consultation with stakeholders, as well as

submit the draft to parliament following

government approval

- Consultation of draft with stakeholders, including

line ministries, independent institutions,

Parliamentary Law Commission and civil society.

-Reflecting the comments and recommendations

proposed by the stakeholders, approval of the

document by the CoM and submission of the draft-

law to the Parliament.

June 2012

4.1 Monitor line ministries work in addressing Prime

Minister's Order with measures to improveimplementation of civil service legislation and

report periodically to the Prime Minister on the

progress made in implementing the Order.

On-going On-going - Line ministries report regularly the monitoring data to DoPA,

while DoPA reviews and monitors monthly these data, as well as itreports accordingly to the Prime Minister. The process of standardizing

the structures will be finished by April 2012. The number of the

temporary contracts will be decreased:

- 8% - end of april 2012;

- 5% - june 2012;

- 2.5% - September 2012

Current status

During June the percentage of temporary contracts is reduced to 6.9%.Also 19 recruitment procedures are still in the process.

7.1 Complete the piloting phase with the 5 selected

institutions

April 2012 Deliverable identified jointly in the consultative meeting with the EU


On going. The piloting phase of 5 institutions will be 6 month, until

April 2012. During this phase, DoPA will test HR module, payroll

module and the treasure interface with the MoF.


35/82

35

Current status

The work for the piloting of HRMIS in for the 5 institutions was finalized

as planned by the end of April 2012.

In the next phase, the department will make functional the salary modulefor all institutions, expanding the system for 14 ministries by the end of

2012. A contract is expected to be signed for application upgrades and

maintenance for a period of 2 years.

8.1 Implement TIPAs training plan of the period 2011

2013

December 2012 and

On-going

The trainings have continued to be delivered by TIPA according to the

Training Plan.

June

Number of employees trained - 321

Number of courses organized - 20

Participation in mandatory training - 25

The level of assessment at the end of training 5.49 (in a scale 1 to

6)

The degree of usefulness of the trainings conducted 5.33 (in a

scale 1 to 6)


36/82

36

Priority 7: Rule of Law and reform of the judiciary

Planned Activities/Measures Period/Deadl

ine forimplementati

on

Comments / Current status

2.3 Submission of the draft law of the Judicial National

Conference to the Council of Ministers, for the purpose

of review and approval

December

2012

Completed

On 4th of July, the Council of Ministers approved the draft law "On the

organization and functioning of the National Judicial Conference", which

will be examined by the parliamentary Committee on Legal Affairs in a

weeks time.

2.7 Organization of a conference on the reform of the HighCourt with Albanian expertsn on major problems of the

High Court such as appointment of members, internal

organization, reduction of workload and promotion of the

function of unification of doctrine



Completed:

The Working Group tasked with the analysis of the Law No 8588 of

15.03.2000 "On the organisation and functioning of the High Court of the

Republic of Albania" concluded that amendments to this law are

necessary. A wide consultative conference with all stakeholders was

organized by EURALIUS and Ministry of Justice, in that respect on 6 -7

of June 2012. Representatives from Parliamentary Committee for Legal

Issues, Public Administration and Human Rights (from DP and SP), were

present as well as. The comments/suggestions that came up to the

conference are integrated to the draft law. Therefore, a draft law "On some

amendments and addenda to Law No 8588 of 15.03.2000 On the

organization and functioning of the High Court of the Republic of


37/82

37

Albania" was drafted and approved by the Council of Ministers in its

meeting of 4 July 2012. This draft law will be examined by the

parliamentary Committee on Legal Affairs in a weeks time.

3.5 Preparation of the draft of the Manual for Inspections,

based on the memorandum of cooperation

May 2012 Deliverable identified jointly in the consultative meeting with the EU


Efforts are made in improving the system of judges inspection by the

Ministry of Justice and High Council of Justice. It is proceeded with the

implementation of the memorandum of understanding On harmonization

of procedures of the judicial inspection and prevention of overlapping of

competences, signed on 5 December 2011 between the Ministry of

Justice and the High Council of Justice. On 5 June 2012 it was completed

the six-month deadline of the memorandum implementation. At the end,

the following realized steps are:

preparation of the draft Manual for the unification of

methodology on the establishment of general principles and good

practices of inspection of both institutions within the legal

powers and to the fullest possible extent. This Manual is already

in the stage of official consultation with all inspectors, Euralius

Mission and associations of judges;

preparation of draft structures of the final reports of inspections,

unified and standardized, insofar as possible and in accordance

with the legal competences of each inspectorate;

monthly periodical exchange of statistics on the data of

complaints against judges, filed to both institutions, including

columns on corruption and code of ethics, in view of preventing


38/82

38

double inspections for the verification of claims set out in those

complaints.

3.12 Drafting of the analysis on needs and interventions in the

draft law On some additions to the Law No. 8811, dated

17.05.2001 "On organization and functioning of the High

Council of Justice"


Commission services on 6 March 2012

As regards the Law No 8811 of 17.05.2001 "On the organisation and

functioning of the High Council of Justice", as amended, we inform you

that promotion, transfer and evaluation of judges are not addressed by this

law, but by implementing legislation of HCJ. This legislation is developed

by the technical staffs of MoJ and HCJ in cooperation with Euralius III,

and is expected to be adopted by HCJ within the last 4 months of 2012.

The working group is holding consultations and is expected to deliver a

draft version within 2013.

3.36 Drafting and submission to the Attorney General, of

annual recommendations on behalf of the Council of

Ministers for the fight against criminality

March 2012 Completed

In the Council of Ministers meeting, held on 27 June 2012 the

recommendations of the Council of Ministers, for the General Prosecutors

Office regarding, the fight against criminality for 2012, were approved.

Currently it has passed by the Parliamentary Commission for Legal Issues

and is ready for plenary session.

4.2 Preparation of the analysis by the working group in

respect of needs and interventions in the Criminal

Procedure Code



Current Status:

The Working Group tasked with the draft law "On some amendments and

addenda to Law No 7905 of 21.03.1995 "On the Code of Criminal

Procedure of the Republic of Albania", as amended analysed the

provisions of this Code and set up a Task Force which will present a

finalised input; consultations with the Task Force are expected to

continue. The working sub-groups will be summoned to finalise their


39/82

39

respective Articles and the whole process is to be completed until

February 20134.4 Drafting the law On some addenda and amendments On

the profession of the lawyer in the Republic of Albania

following consultations with stakeholders in order toeliminate delays by the defence counsels

September

2012



Current Status:

As for the draft law "On some addenda to Law No 9109 of 17.07.2003

On lawyers profession in the Republic of Albania", as amended, the final

draft is ready; it will be finalised in the conference of 18 July in

cooperation with the Slynn Foundation and Euralius, and then it will be

submitted to the Council of Ministers for examination and approval.

4.8 Drafting of analysis by the working group in respect of

needs and interventions in the Code of Administrative

Procedures



Current Status

The Working Group is set up by virtue of the Minister of Justice Order

No. 7419, dated 31.10.2011 On establishment of working group for

preparing the draft law Code of Administrative Procedures of the

Republic of Albania. The working group in cooperation with the Euralius

Mission - following adoption of the law on adjudication of administrative

disputesis actually examining:

the Law on Administrative Courts;

the Input submitted by the SIGMA Mission experts;

the Code of Administrative Procedure in force.

A final draft is expected to be finalised within 2012.

4.10 Provision of maintenance and improvement of the Case

Management System by the MoJ, including the extension

of the implementation of ICMIS system at all courts

through the maintenance and transfer of ARKIT data

2012 and

following



Current Status

Ministry of Justice, during the first 6 months of the year 2012 has


40/82

40

collaborated with administrative staffs of courts and judicial system that

are still using ARKIT, in order to transfer as easy and gradual to ICMIS

national system. Ministry of Justice is in the tendering phase of the project

of maintenance and updating ICMIS for 2012, this tender procedure is

expected to be finalized by the end of July. In the document Termate of

Reference drafted by experts of IT and the judicial administration for the

project, are included the technical requirements derived from the Court of

Tirana, referred to volume and complexity of the cases that this court

manage. Pursuant to the contract provided to connect ICMIS soon for

2012, is foreseen that the implementation and unification of electronic

registration system for judicial cases to be completed by the end of the

current year.

4.20 Continuation of module of audio recording attached to the

ICMIS system to the following courts:

- Appeals Court of Kora: Judicial District Court

of Kora, Judicial District Court of Pogradec

and Appeals Court of Kora

- Appeals Court of Durrs: Judicial District Court

of Durrs, Judicial District Court of Elbasan,

Judicial District Court of Kavaja, Appeals Court

of Durrss

March-June

2012

June-October

2012



Current status:

The process of installation Audio recording system continues. During this

period installation took place in 4 courtrooms in Durres District Court, and

is functioning well. Also relevant trainings have been conducted. For the

purpose of the effective use of this system, in June 2012 the Minister of

Justice has approved the Instruction No. 282, dated 15.06.2012 On

keeping of minutes of the judicial hearing by audio means, establishingcompulsory rules on the maintenance of minutes of the judicial hearings

via audio recording, through digital means; functioning of the audio

recording system and way of preservation of audio recording documents

and preparation, if necessary, of their transcriptions.

4.29 Drafting of analysis on needs and interventions in the

draft law On organization and functioning of the judicial

April 2012 By Order of the Minister of Justice no. 7842, dated on 11.11.2011, a

working group was established to analyze the needs on possible


41/82

41

administration amendments in this law. Hence, in order to analyze these amendments are

held meetings with members of the working groups.

Current status:

The Working Group tasked with the draft law "On the organisation and

functioning of the judicial administration" produced a preliminary analysis

and is working on the amendments, taking in consideration the issues

identified by the Euralius III Expert Mission as well as the progress with

the Civil Service Law. The Working Group reached a preliminary

conclusion that the status of judicial administrators should be outlines also

in the background of the civil service law. This draft law is expected to be

finalised within 2012.

6.1 Effective application of the legislation on legal aid During 2012

throughregular

quarterly

report:

- March

2012;

Current Status:

Regarding implementation of the Law No 10039 of 22.12.2008 "On legal

aid", the State Commission for Legal Aid has reviewed and approved 38

(thirty-eight) cases during Jan-May 2012, specifically:

On 23.04.2012, the State Commission for Legal Aid endorsed 2

(two) criminal: one filed on 16.02.2012 by a prisoner-patient in

the hospital of Durres Prison, and one filed on 23.02.2012 by a

prisoner of Prison 313 in Tirana; as well as 1 (one) civil case

filed on 28.02.2012 by a citizen of Tirana.


(thirty-three) cases referred by TLAS NGO on 16.05.2012concerning the registration of children to the civil registration

office and initiation of judicial procedures for their custody;


(two) civil cases referred on 01.06.2012 and 11.06.2012 asking

for legal aid in the form of representation in court proceedings

asking the respondent to give back a property, as provided for

under Article 296 of the Code of Civil Procedure.


42/82

42

Priority 8: Anti corruption strategy and action plane

No Planned measures/ activities Deadline/ Date Comments / Current status

2.1 1or 2 workshops or round tables:

- Summon a round table/workshop with representatives of the

Albanian parliament (Law Commission), Prosecution GeneralOffice, DIACA, High Council of Justice etc.

- Organize 1 or 2 workshops/round tables to present legal opinions

and possible solutions to the immunity issue followed by experts

drafting sessions

- Joint conclusions of the above mentions activities to be

addressed accordingly

April- May 2012

Current Status

The Conference of Chairmen of ParliamentaryGroups decided to discuss in the plenary session of

6 August, the constitutional draft amendments

concerning the parliament members and judges

immunity.

8.1 Amending the Law nr.9049, date. 10.04.2003 "On declaration

and control of assets.." and the Law nr., 9367 dt.7.4.2005 "Forprevention of conflicts of interest in the exercise of public

functions", through the respective proposals

The Council of Minister in the meeting on 4th of

July 2012 adopted the amendments on law Ondeclaration and control of assets and law On

conflict of Interests. Through these amendments

among others it is aimed at: strengthening of capacities and enhancing

the role of Responsible Authorities for theprevention of conflict of interest during theexercising of public functions;

the strengthening of limitations andrestrictions of private interests of localgovernment elected officials;

extending the declaration target, includingof directors of health and education sectoror other important institutions at districtlevel;

including the partner/cohabitant( as

defined in the Family Code) as a subjectinto the Declaration upon request among

the people who must declare theirindividual interests;

having the family members of officials


43/82

43

face legal responsibility, in cases ofrefusal to declare or hidden assets.

strengthening administrative sanctionmeasures against declaring subjects andrelated individuals, in cases ofinfringements of declaration process and

legal deadlines. the legitimating of HIDAA as a party to a

hearing process.

11.1 Draft Manual No. 5 - On

the Duties and Responsibilities of Authorities Responsible for the

Prevention of Conflicts of Interest.

March-April 2012 It is in revision process from OSCEs experts

33.1 Setting up an inter-institutional working group (WG) for

harmonization of statistics on corruption cases ( and track record

system)

March 2012 The WG has conducted 4 meetings: on 20 March, 4

April, 21 May and 15 June 2012 (PACA assistance).

During the meeting conducted on 15 June 2012, the

working group examined the table with integrated

data referred by the police, prosecutors office and

court for years 2009, 2010, 2011 and the first

quarter of 2012On July. On 12 July 2012 was

organized the meeting were the Track record on

corruption was adopted.

34.1 Setting up an inter-institutional working group for assessing actual

practices of exchange of information, identifying problems and

obstacles, recommend improvements in order to speed procedures

April- May 2012 The 1st meeting of the working group was

organized the 16th of June 2012. It was decided that

DIACA will prepare a full list of electronically

registers existing in all line ministries and

subordinate bodies. During the next meeting of the

working group it will be decided through which

legal tool the access to information will be granted

(for JIU/GPO) as well as for which registers.

With the DCM date 6 June 2012 On the

determination of entities entitled to access the

electronic database of real estate it is decided that


44/82

44

all notaries and General Prosecution will have

access to the real estates registry. In this framework,

a Memorandum of Understanding was signed

between the General Prosecution Office and the

Commissioner for Personal Data Protection on 18May


45/82

45

Priority 9: Fight against organized crime

No. Planned measures/ activities Deadline

/ Date

Comments / Current status

1.1 Signing of cooperation

agreements/memorandums with FIU,

Customs Administration, Tax

Administration, General Directorate of Road

Transportation, General Directorate of Civil

Registry and Office for Registration of

Immovable Properties for the common use

of databases of these institutions.

End of

2012

A cooperation agreement has been signed on 18 May 2012 for the exchange of access in

TIMS and the FIU database of the suspicious transaction reports.

1.2 Strengthening of institutional coordination

in the fight against (organized) crime.

First six

month of

2012

In the framework of the cooperation with law enforcement authorities GDPML has already

signed a MoU with:

- State Intelligence Service (June 2012) for the exchange of information regarding the

organized crime as well as the enhancement of the fight against the financing of terrorism;

- Albanian State Police (May 2012) for the timely exchange of information concerning the

cases disseminated by GDPML, as well as the suspicious activity report;

Negotiations are underway with the Ministry of Science and Education as well as theMinistry of Labor Social Affairs and Equal Opportunities with regard to relevant MoU to be

signed in the framework of the further consolidation of the cooperation.

The MoU with the Spanish FIU will be signed in October 2012 in the framework of the

twinning project Support to Albanian authorities for the investigation of economic crime and

money laundering.

1.3 Active participation in the meetings of

Egmont Group, MONEYVAL Committee

and the sharing of best practices with

international partners.

During

the year

2012

Based on the preliminary report prepared by the secretariat of the Moneyval Committee of

the Council of Europe the deficiencies regarding the Special Recommendation II and

Recommendation 5 of the Financial Action Task Force have been already fully addressed

through the adoption by the Albanian Parliament of the amendments of the Criminal Code

(in February of 2012) as well as the amendments of the AML/CFT law in June 2012.This constitutes a positive development that will further enhance the capabilities of FIU

and other law enforcement authorities to tackle organized crime


46/82

46

1.4 Increase training and inspection of

institutions, in order to increase the online

reports as well as the number and quality of

suspicious activities reports.

In cooperation with BoA, 3 joint trainings

and 5 other trainings with AFSA, GC and

Chamber of Notaries with the participation

of 150 participants.

During

the year

2012

During this period (30 April 2012 30 June 2012) GDPML has organized training

activities of insurance companies as well as certified public accountants, National Chamber

of Notaries (in the framework of twinning Project Support for the Structures of Combating

Money Laundering and Financial Crimes Investigation). These activities are aimed at

further increasing the level of awareness for these entities vis a vis the obligationsstipulated under the AML/CFT law as well as ensure their compliance with those

obligations.

In addition the GDPML has already planned training activities with the General Directorate

of Taxation and Commercial Banks. These activities will cover topics related to the latest

amendments to the AML/CFT law, reporting of Suspicious Activity, application of the

requirements derived from the United Nations Security Council Resolutions and the Public

Statements issued by the Financial Action Task Force with regard non-cooperative

countries.

1.5 Continuous control not only by GDPML but

also by the supervising authorities of thesubjects of law. Increasing 10% joint

inspections with Supervising Authorities.

During

2012

Please refer to the information (GDPML) given in the narrative part for this activity.

1.6 Strengthening of the professional standards

of law enforcement agencies.

During

the year

2012

The staff of the General Directorate for the Prevention of Money Laundering is trained in

the framework of the project "Support to the structures of the fight against money

laundering and financial crime investigation in Albania", which is supported by the

European Union Delegation in Albania (project IPA2009) and aims at further strengthening

the institutional capacity in order to investigate criminal offenses in the field of economic

crime.

1.8 Establishment of a joint inter-institutional

Working Group for the monitoring of the

fight against the theft and trafficking of

works of art and culture, with the

participation of every relevant institution

a. The inter-institutional Working group has already been established and its first meeting

was held on 22.02.2012.

b. The second meeting took place on 04.04.2012 focusing on pre-determined topics.

c. The third meeting of the inter-institutional Working Group took place on 07.05.2012.


47/82

47

e. The draft Order of the Prime Minister On the establishment of the regional committees

for the prevention and fight against theft and trafficking of works of art and culture has

been prepared and submitted to the Council of Ministers on 07.06.2012.

1.11 Delivery of joint trainings for the prevention

and combat of the trafficking of works of arts

During

2012

The training course on Role of State Police in the prevention of theft and trafficking of

works of art and culture, inter-institutional cooperation was delivered on 17.05.2012. It

was attended by 34 specialists of State Police, MCYS and SIS

1.12 Approval and implementation of the

additional National Action Plan for the

prevention and combat of the trafficking of

motor vehicles.

April

2012

Completed

a. The National Action Plan On the prevention and suppression of the criminal activity of

trafficking of stolen, smuggled vehicles and other illegal violations has been approved byCoM Decision no. 284 dated 09.05.2012 and is being implemented.

b . A Memorandum of Cooperation has been signed among the General Directorate of

State Police, with prot.no.14.06 dated 15.05.2012, and the General Directorate of Road

Transport Services, with prot.no.7600 dated 14.05.2012 and the General Prosecutors

Office, with prot.no.5901 dated 14.05.2012 and the General Directorate of Customs On

the setting up of a Joint Unit Task-Force tasked with the prevention and investigation of

criminal offences related to the trafficking, smuggling, evasion of customs dues, forgery of

documentation, administrative violations, etc. by monitoring the implementation of the

National Action Plan 2012-2014.

c. The Task Force had its meeting on 18.05.2012 wherein its members were introduced

and it was decided to enhance and further strengthen the cooperation among these

institutions, outlining which criminal offences were to be investigated by this task-force

unit and the monitoring of operations at local and national level.

d. A Memo addressed to the General Director of State Police has been drafted which

requires the granting of access to ASF2 for the Regional Units of Traffic Police in order to

verify via Interpol the vehicles with administrative violations.


48/82

48

e. The Customs Service has already been granted access to TIMS system in order to

implement the obligations set by the CoM decision no.22, dated 14.10.2009 relating to the

monitoring of the closing of the temporary regime of vehicles with foreign plates.

f. On 19 - 20.05.2012, the operation Rrjeta(the Net) was conducted to identify, block

and seize stolen, trafficked and foreign-plated vehicles circulating in the Albanian territory

in violation of our legislation. This operation led to the seizure of 18 stolen and traffickedvehicles and 7 vehicles with irregular documentation. 18 offenders are being prosecuted

while free.

g. During May-June, there have been evidenced 85 criminal offences related to the

trafficking of vehicles with 86 offenders being prosecuted while free and 1 is declared

wanted.

h. A pro-active investigation has been initiated which targets a criminal group involved in

the trafficking of luxurious cars from the Czech Republic to Albania.

3.1 Drafting of a joint training plan with the

Prosecutors Office on investigation of

organized crime.

- Delivery of joint trainings with the

Prosecutors Office and other law

enforcement agencies.

February

2012

During

2012

Completed

The training plan has been approved with the Joint Order:

Prosecutor No.913, date 26.03.2012

Department Crimes No.573,date 26.03.2012

Dept. Trainings No.2/56, date 26.03.2012

CompletedOn 22.05.2012, a joint training with the Prosecution Office was delivered on use of

special investigative means which was attended by 15 police officers and 5 employees of

the Prosecution Office.

A joint training with the prosecution office was delivered on 31.05.2012 focusing on

investigation problems, cooperation between police-prosecution, decision-making,

attributes and timeframe of investigations which was attended by 15 police officers and 5representatives of the prosecution office.

A joint training with the prosecution office was delivered on 29.06.2012 focusing on types

of drugs, international routes of trafficking, dealing with drugs starting from their seizure to

the final destruction which was attended by 15 police officers and 5 representatives of the

prosecution office.


49/82

49

In cooperation with the prosecution office, the training course on investigation proble ms,

cooperation between police-prosecution, decision-making, attributes and timeframe of

investigations was delivered on 10.05.2012 which was attended by 15 police officers,

prosecutors and judicial police officers.

5.1 Drafting and approval by the Personal Data

Protection Commissioner of the InstructionOn period of keeping the personal data by

police units. (This act will be completed in

cooperation with GDSP, based on the draft

prepared by foreign experts in the framework

of the Project EU-IPA 2009 Strengthening

of the Office of Personal data Protection

Commissioner).

The first

3 monthsof the

year

2012

Completed

There is drafted and approved on 11 may 2012, the Instruction No. 17 "On determining thetime of retention of personal data processed in electronic systems, by the state police forthe purposes of prevention, investigation, detection and prosecution of criminal acts.

5.2 Signing of a Cooperation Agreement with

General Prosecutors Office.

Deadline

untilOctober

2012

Completed

On 18 May 2012 was signed the cooperation agreement between the Commissioner forPersonal Data Protection and the General Prosecutors Office.

6.3 The number of operations using the special

investigative methods will increase by 5 %.

During

2012

JanuaryJune 2011143JanuaryJune 2012186, in total an increase by 30.1%

8.1 Preparation of necessary legal acts, adoption

for implementation of the Project

Management of the statistical analysis by

means ofdigital maps.

GDSP

July

2012

Four working groups have been established and running. In cooperation and in the presenceof representatives of ICITAP Mission, there have been organized so far three meetings andeach working group has achieved the following results:-The group tasked with the drafting of standard procedures for the registration ofdenouncements, complaints and phone calls has already defined who is responsible forfollowing up and which are the administrative and procedural documents needed, the workflow, what needs to be recorded in the electronic modules of denouncements, complaintsand phone calls.


50/82

50

-The group tasked with the modification and improvement of the case report has identifiedwhat needs to be modified in the case report, the fact that there can be more than one casereport for a police issue, that the case reports need include data which can generate policestatistics for analysis purposes and outlining the crime diversity and its extent in time andspace, and which are the amendments to the case report to be introduced also in the policecode.

-The group tasked with the drafting of standard procedures for the Supplementary Reporthas determined when a Supplementary Report need be produced, who produces it and whatneed be included in these reports. A template has been drafted and it has been distributed toall concerned groups for their feedback.

-The group tasked with the drafting of standard operating procedures related to thereporting module and police statistics has defined which are the draft statistics that Policeneeds for analysis purposes and for having a realistic picture of the crime situation, whichare the statistics produced by Police in relation to the other law enforcement agencies.

10.1 Reduction of the cultivation of narcotic

plants, by implementing the National

Strategy against Drugs, the relevant Action

Plan, the Action Plan for the Prevention of

the Cultivation of narcotic Plants, as well by

increasing the number of police operations.

Awareness campaign, Phase one, over on 1 June:

1 National conference

3 Regional conferences

Conferences in 12 regions with the involvement of the regional committees

About 150 community meetings

During the period AprilJune there are carried out:

It is ongoing the Operational Plan No.578, date 10.05.2012,For searching,monitoring, detecting and eradicating of the cultivated cannabis sativa plants andsending to justice of the respective perpetrators, which defines clearly police tasks

in fight against illegal cultivation of narcotic plants. This Operational Plan is sentto all regional Police Directorates in Albania.

The main police leaders of the Department for Public Security during this periodhave carried out meetings in all regional Police Directorates based in thescheduled plan approved by the General Director of ASP, according to theimplementation of the National Action Plan No.41, dated 29.03.2012 and specificdetailed plans designed by the regional police directorates, focusing in searchingof terrain and collecting information concerning this illegal criminal activity.

As well, in the framework of the collaboration with Italian Police Mission inAlbania Interforce, it is drafted and signed the Cooperation Protocol dated


51/82

51

16.06.2012 between General Directorate of ASP and Italian Ministry of Interior,where there are defined and planned joint tasks such as aerial monitoring ofAlbanian terrain by using Italian aircrafts equipped with high tech devices. In thisrespect there are developed two expert meetings with Italian partners (pilots andaviation staff included) regarding technical details required for successful futuremissions.

During this period based in the Order No 1/541 dated 20.06.2012 For developingthe training Knowledge on drugs, main areas of narcotic production, internationaltrafficking routes and drug trafficking, narcotic sequestration and theireradication. In this training there are 15 police officers benefited. Training iscarried out by Serious Crime prosecutors.

On 5 of July, it has started the air monitoring of Albanian terrain implementingthe above mentioned Operational Plan No.578, date 10.05.2012,For searching,

monitoring, detecting and eradicating of the cultivated cannabis sativa plants andsending to justice of the respective perpetrators in close cooperation with Italianpolice by using Italian aircrafts equipped with high tech devices.

For the period April June 2012 there are detected 36 cases of narcotic plant cultivation,

31 of them solved, with 41 perpetrators involved, from which 29 arrested , 6 on bai , and 6perpetrators are declared wanted. In these operations there are seized and eradicated 5215

Cannabis sativa narcotic plants in different stages of development.

9.1 Approval of the new strategy and its action

plan.

June

2012

Completed

The National Strategy Against Drugs 2012-2016, its approved with DCM No.403, dated

20.6.2012.

10.2 rafting of the Action Plan On the

revention of the cultivation of narcotic plants

nd taking to Court the offenders.

- Organisation and holding of meetings of

the Central Staff at MoI and of the 12

regional boards for the fight against

cultivation of narcotic plants.

March

2012

March-

April

2012

In cooperation with the Ministry of Education and Science, a Cooperation Agreement

has been approved; no..2208, dated 20.04.2012 for MES and no.1347, dated 26.04.2012 for

the General Directorate of State Police which defines the tasks of both parties in the fight

against the cultivation of narcotic plants.


52/82

52

- Organisation and holding by local police

structures of meetings with representatives

of government institutions, bodies of local

authorities, chairmen of quarters/villages

to assign tasks and responsibilities in the

fight against the cultivation of narcotic

plants.

- Perform air- monitoring by helicopters to

evidence the parcels planted to narcotic

plants.

- Conduct operations to destroy the plots

planted to narcotic plants and crush in

continuity the cri

Date post:	04-Apr-2018
Category:	Documents
Upload:	brigita91
View:	217 times
Download:	0 times

Report on 12 Key Priorities June -July 2012 Final

Documents