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THE PEOPLE’S Advocate CONDEMNS INSTANCES OF TORTURE

 

The People's Advocate has recommended the initiation of criminal investigations against a State Police member on the grounds of using torture.

 

Citizen F.B. was convicted of the criminal offense of forgery with two years of imprisonment. Due to the serious health problems, the convict was transferred to the Hospital University Center.

 

According to the convict himself, as well as the findings by the People's Advocate Office experts, FB was chained in bed.

 

After reviewing the documentation and taking the testimony of the police officers, it was concluded that this conduct against the convict was carried out pursuant to an order by the Deputy Commissar of Police, A.D., who was invited to provide explanations to the People's Advocate Office, but refused to do so.

 

Using chains to restrain convicts in healthcare facilities is unacceptable by the Manual of "Rules and Standard Procedures for Handling and Guarding Arrested and Detained Persons in Police Units".

 

Also, the Council of Europe's Torture Prevention Committee (CPT) stipulates that chaining prisoners under medical care is a degrading measure and should be replaced by other alternative security measures.

 

Based on the collected evidence, the People's Advocate Office has recommended:

 

  • The initiation of criminal investigations against the Police Under Commissar A.D. on the grounds of using torture under Article 86 of the Criminal Code, as amended.

 

  • Taking immediate measures to respect the fundamental rights of the citizen F.B. by unchaining him during his medical treatment at the University Hospital Centre (QSUT) "Mother Theresa" Tirana.

 

  • Taking immediate steps to introduce State Police Officers to the "Standard Rules and Procedures for Handling & Guarding Arrested and Detained Persons in Police Units", approved by Order no. 736, dated 27.09.2011 of the General Director of State Police.

 

  • Dissemination of this case among police members in order to prevent future recurrences.

 

  • Thorough investigation for the purpose of identifying administrative violations and institution of appropriate measures should this be the case.

 

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NOTIFICATION

THE PEOPLE’S ADVOCATE organizes the event

"Open Day" in SHKODRA,

In order to receive complaints from citizens.

FRIDAY, 3 November 2017, at 11.00

Address: Regional Office of the People's Advocate, City Hall, floor I.