REPUBLIC OF ALBANIA MINISTRY OF EUROPEAN INTEGRATION

REPORT ON THE IMPLEMENTATION OF THE ACTION PLAN ADDRESSING THE RECOMMENDATIONS OF THE EC OPINION FOR ALBANIA

June - July 2012

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 .................................................................................... 36 PRIORITY 8: ANTI CORRUPTION 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 .......................................................................................... 64 PRIORITY 12: IMPROVE THE TREATMENT OF DETAINEES .......................................................................................... 74

Introduction
Measures foreseen in the Action Plan addressing the recommendations of the EC Opinion are been implemented according to the time frame foreseen. The following report includes an executive summary of the main achievements for recommendations 6 to 12, for the period of June - July 2012 and additional information on different issues raised during the consultative meeting with EC on 4th of July 2012. The details for 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 identified for this reporting period of time.

Priority 6 - Public Administration Reform

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.

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 legal framework as well as investing in capacity building. Amendments to the legal framework: Regarding the draft the law on Civil Service, as part of the consultation process the draft-law is delivered officially to line ministries and independent institutions, for final official 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. For the developments regarding the adoption of the draft-law on Administrative Courts, the Working Group is examining the possible amendments to the Code of Administrative Procedures, which is expected to be finalized within 2012. As for the draft law on the functioning of the public administration 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. Ensure effective implementation of the existing legal framework: On the implementation of the Prime Minister's Order regarding temporary contracts during June 2012, DoPA has carried out inspections in all line ministries. As a result of these inspections, the percentage of temporary contracts is reduced to 6.9%. Also 19 recruitment procedures are still in the process. Based on the PM order on temporary contacts, the number of contracts that shall be under 2.5 % refers to the number of contracts for positions which are vacant and can undergo the recruitment procedure. This excludes all temporary contracts for positions that are occupied by civil servants, but are vacant due to reasons such as maternity leaves, leaves for study purposes, health issues, etc. These positions are not considered vacant under Civil Servants Law and these temporary contracts are terminated as soon as the civil servant returns to its position. Please find attached in the Annex 6.1 the table on the number of temporary contacts.

Regarding the implementation and monitoring the Council of Ministers Decision on the institutions 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 the two remaining ministries are still in the process. Make fully functional the Human Resources Management Information System: DoPA will make functional the salary module for 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. 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 this month, 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 of the School of Public Administration is part of the Strategy of Public Administration Reform, the decision 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.

Priority 7- Rule of law and reform of the judiciary

Strengthen rule of law through adoption and implementation of a reform strategy for the judiciary, ensuring the independence, efficiency and accountability of judicial institutions. Regarding the Action Plan for Priority 7, for the period June -July 2012 the following measures have 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 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 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 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. In the same meeting of 4 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. 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. As for the Working Group analysing the Law No 8577 of 10.02.2000 "On the organisation and functioning of the Constitutional Court of the Republic of Albania", the changes to this law fall short of addressing some essential problems in the functioning of the Constitutional Court. 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.

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 of administrative disputes is 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 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 subgroups will be summoned to finalise their respective Articles and the whole process is to be completed 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 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. 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 and "On the organization and functioning of the High Court of the Republic of Albania" are concluded. Whereas the work for the other 4 remaining Working Groups is in process. 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. The following have to be implemented: - 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 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 executed from private bailiff, the data which you will find attached in the annex 7.1 is generated from the ALBIS system till 10.07.2012. These data are not complete so as to conclude on the exact number of executive titles executed by the private bailiff, because not all the data have been updated from private bailiff. 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 in the Parliamentary Committee for Legal Issues, Public Administration 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 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, 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 documents and preparation, if necessary, of their transcriptions. 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. In accordance with Decision No 2 of 25.06.2011 "On rules governing appointment of lawyers, lawyers studios and non-profit organisations that will offer legal aid", the Commission organized the competition for the layers, studios and NPOs. Following completion of the procedure made public on 7-9 May in a transparent, efficient and objective manner, the Commission signed the legal aid delivery contracts with 8 (eight) lawyers and 4 (four) NPOs with experience in legal aid delivery. The budget allocated for legal aid is round 183606.68 EUR. Regarding other issues where additional information was required during the consultative meeting on 4th of July, regarding back log of case as well as the Instructions of the Commissioner for Data Protection on processing and publication of date in the judicial sector, please find attached respectively annex nr. 7.2 and annex 7.3. Please refer to the respective annex for details on the progress made for each activity/measure.

Priority 8- Anti-corruption strategy and action plan

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.

In the fight against corruption, for the period of June 2012 efforts continue in terms of enhancing inter-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 the plenary session of 6 August, the constitutional draft amendments concerning the parliament members 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 the majority as proposed by PACA and EURALIUS. In addition to this, the proposed amendments are 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 system and 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 assistance of 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 High Council of Justice( please refer to Priority 7 for more details). By virtue of the Order of the Minister of Justice No. 118, dated 27.3.2012, as amended, it was exercised the thematic inspection planned at the Judicial District Court of Tirana and the Appellate Court of Tirana, respectively, the civil section and the criminal section. Based on this order, the inspectors of the Ministry of Justice have verified the observation of the rules of ethics and of discipline at work by the judges, as well as the verification of the administrative activity of the President of the Judicial District Court of Tirana and the Appellate Court of Tirana. In June 2012 it was completed the initial draft of the inspection report which has further continued with its examination within the hierarchic levels of the inspecting structures. Regarding the increase of accountability and the efficiency of the judicial power, special importance was given to the complaints of citizens against judges. For this purpose, it was installed the electronic portal for the submission of complaints which was inaugurated on 10 May 2012 and till 6 July 2012, a total of 38 complaints were registered in the portal.

Please find attached in the annex No.8.1 further explanation on the measures taken for fighting corruption 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 (and track 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 integrated data referred by the police, prosecutors office and court for years 2009, 2010, 2011 and the first quarter 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 to finalize and submitt cases of corruption for the solid track record for the first 6 months of 2012 and also harmonized statistics2009/2010/2011/1st quarter of 2012. Concerning the latest statistics on corruption, during the first semester of 2012, there have been identified 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 3 are declared as wanted. Regarding corruption, there have been identified 50 cases, with 126 suspected offenders, out of which 37 are arrested/detained, 88 are prosecuted while free and 1 is declared 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 criminal offences 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 corruption there have been identified 28 cases with 58 suspected offenders, out of which 21 are arrested/detained, 36 are prosecuted while free and 1 is declared as wanted. Compared with 2012, there have been identified 52 more criminal offences, with 226 more offenders, with 27 more arrested offenders and 97 more prosecuted while free offenders. During the first semester of 2012, for corruption offences and crimes of officials on duty there have been conducted 15 police operations, with 60 suspected offenders, out of which 49 are arrested/detained, 10 are prosecuted while free and 1 is declared as wanted. During the first semester of 2011 there have been conducted 7 police operations for corruption and crimes of officials on duty, with 27 suspected offenders, out of which 20 are arrested/detained, 7 are prosecuted while free. This year there have been conducted 2 more police operations comparing the same period of the last year. During January June 2012, the Sector Against Corruption has hit in total 8 criminal groups with more than 3 offenders, 52 offenders are proceeded, out of which 49 are arrested, 2 are prosecuted while free and 1 is declared as wanted. During January June 2011, the Sector against Corruption has hit in total 4 criminal groups, there are prosecuted 21 offenders, out of

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which 14 are arrested in flagrancy, 6 are prosecuted while free and 1 is declared as wanted. This year it is increased twice the number of criminal groups hit. During January June 2012 there have been conducted 11 police operations with special investigations techniques; During January June 2011 there have been conducted 6 police operations with special investigations techniques. This year there have been conducted twice more police operations with special investigations techniques. Concrete results in the fight against corruption - Table:
January June 2011 No. of police cases on corruption 28 January- June 2012 50 Difference + 80%( or 22 cases)

No. persons involved No. proactive investigations

58 25

126 32

+120%( or 68pers) +7 case or 28% It was suggested in the AP an increase up to 6%, but now we increased 28%

No. police operations

15

Doubled or +8 operations +23

No.persons suspected No. criminal groups( with more 3persons) hitted No. persons involved

27 4

60 8

21

52

Double

An inter-institutional working group for assessing actual practices on exchange of information, identifying problems and obstacles, recommend improvements in order to speed procedures has been set up with the nomination of 2 representatives from GPO, Ministry of Justice, the Commissioner for protection of personal data and DIACA. 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. For that purpose official notifications have been sent out to all these institutions. 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. (For clarification: Registers of National License Center and Business Registration Center and their information is public).

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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 register is amonge others, to reduce contacts of the citizens with IPRO employees and to allow to them to communicate 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 General Prosecution 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 the prevention of conflict of interest during the exercising of public functions; the strengthening of limitations and restrictions of private interests of local government elected officials; extending the declaration target, including of directors of health and education sector or other 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 dated 3.05.2012 with CORIP, it is being drafted the methodology for classifying the areas of high evaluation risk, regarding the verifications related to real estates, a document which be finalized and set to function to both parties of this Agreement, in August. Please refer to the respective table for details on the progress made for each activity/measure.

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Priority 9- Fight against organized crime

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. For the reporting period progress continues as regards the strengthening of inter-institutional coordination in the fight against organized crime, trainings of law enforcement agencies, fight against drug trafficking, enhancing cooperation with international cooperation with foreign law enforcement agencies. Strengthening of inter-institutional coordination in the fight against organized crime: 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. 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. 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 trafficked vehicles and 7 vehicles with irregular documentation. 18 offenders are being prosecuted while free. 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. 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. Trainings with Prosecutor Office and other law enforcements agencies, in order to enhance the cooperation between police and prosecutor 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 5 representatives 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. Approval of the new strategy and its action plan in the area of drug trafficking: The Council of Ministers one 20.06.2012 has approved new strategy and its action plan in the fight against drug trafficking. 13

Further reduction of cannabis sativa cultivation: The awareness campaign has continued organizing 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 April June 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 of the respective perpetrators, which defines clearly police tasks in fight against illegal cultivation of narcotic plants. This Operational Plan is sent to all regional Police Directorates in Albania. The main police leaders of the Department for Public Security during this period have carried out meetings in all regional Police Directorates based in the scheduled plan approved by the General Director of ASP, according to the implementation of the National Action Plan No.41, dated 29.03.2012 and specific detailed plans designed by the regional police directorates, focusing in searching of terrain and collecting information concerning this illegal criminal activity. As well, in the framework of the collaboration with Italian Police Mission in Albania Interforce, it is drafted and signed the Cooperation Protocol dated 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 of Albanian terrain by using Italian aircrafts equipped with high tech devices. In this respect there are developed two expert meetings with Italian partners (pilots and aviation staff included) regarding technical details required 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, international trafficking routes and drug trafficking, narcotic sequestration and their eradication. In this training there are 15 police officers benefited. Training is carried out by Serious Crime prosecutors. On 5 of July, it has started the air monitoring of Albanian terrain implementing the above mentioned Operational Plan No.578, date 10.05.2012,For searching, monitoring, detecting and eradicating of the cultivated cannabis sativa plants and sending to justice of the respective perpetrators in close cooperation with Italian police 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 6 perpetrators are declared wanted. In these operations there are seized and eradicated 5215 Cannabis sativa narcotic plants in different stages of development. Adoption of a standardized (Investigators Note Book and crime scene log) for planning and recording investigative decisions and for crime scene. The SOPs for Track record of serious crimes scenes are already drafted, and that is one of the key deliverables for this priorityThe document, after due consideration of the feedback from the central structures like the Department against Organized Crime & Serious Crimes, Department of Public Security, the Department of Border & Migration, is sent for approval to the General Director of State Police. 14

The SOPs are approved by the Order of the General Director of Police no.217 dated 18.05.2012 On 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 police structures. Implementation of this register started on 1 July and is extended to all structures of State 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 of victims/potential victims of trafficking is conducted in compliance with the Standard Operating Procedures for the Identification and Referral of Victims/Potential Victims of Trafficking. ONAC and IOM have conducted trainings with participants from: the General Directorate of State Police (anti-trafficking, border, minors), State Social Service, Regional Directorates of Education, 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 actors involved 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. Strengthen cooperation with foreign agencies: The bilateral Protocol of Cooperation for the TIP cases was signed on June 12th 2012 in Pristina, Kosova. Preparation of necessary legal acts, adoption for implementation of the Project Management of the statistical analysis by means of digital maps. Four working groups have been established and running. In cooperation and in the presence of representatives of ICITAP Mission, there have been organized so far three meetings and each working group has achieved the following results: The group tasked with the drafting of standard procedures for the registration of denouncements, complaints and phone calls has already defined who is responsible for following up and which are the administrative and procedural documents needed, the work flow, what needs to be recorded in the electronic modules of denouncements, complaints and phone calls. The group tasked with the modification and improvement of the case report has identified what needs to be modified in the case report, the fact that there can be more than one case report for a police issue, that the case reports need include data which can generate police

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statistics for analysis purposes and outlining the crime diversity and its extent in time and space, and which are the amendments to the case report to be introduced also in the police code. The group tasked with the drafting of standard procedures for the Supplementary Report has determined when a Supplementary Report need be produced, who produces it and what need be included in these reports. A template has been drafted and it has been distributed to all concerned groups for their feedback. The group tasked with the drafting of standard operating procedures related to the reporting module and police statistics has defined which are the draft statistics that Police needs for analysis purposes and for having a realistic picture of the crime situation, which are the statistics produced by Police in relation to the other law enforcement agencies. Please find following tangible results in the fight against Organized Crime Comparing first 6 months of 2012 with 2011 1. The number of operations using the special investigative. January June 2011 143 January June 2012 186, in total an increase by 30.1% 2. Increase of the number of proactive investigations in the fight against organized crime. January June 2011 280 January June 2012 332 an increase by 18.6% 3. Increase the number of international operations in cooperation with Regional and EU counterpart law enforcement agencies engaged in the fight against organized crime. January June 2011 30 January June 2012 58 an increase by 93.3% 4. Increase of the number of preliminary investigation cases and money laundering cases under investigation in 2012. January June 2011 44 cases reported to the PO January June 2012 69 cases reported to the PO, an increase by 55 % Seized assets: January June 2011 215 000 Euro January June 2012 over 5 million Euro (5.032.319) 5. Increase the number of property investigations for those that are subject to the criminal offence governed by the Anti-mafia Law. No.10192.

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 January June 2011 21 cases reported to PO January June 2012 61 cases reported to PO 6. Statistics regarding production and trafficking of drugs for January June 2012. Data on offences registered, offenders involved and criminally charged and quantity of drugs sequestrated
Type of drugs Heroine Methadone Cocaine Marijuana Hashish Hashish oil Cannabis seeds Mixer Total Cases 55 0 23 349 1 0 4 2 434 Solved 55 0 23 328 1 0 4 2 413 Quantity 52 kg 886.9 gr 12.9 gr 667.6 gr 9030kg 377.5 gr 5 kg 111.6 gr 500 gr 337.9 3 kg 275.7 gr Offenders 71 0 40 466 1 0 4 3 585 Arrested 64 0 34 302 1 0 1 3 405 On bail 6 0 3 143 0 0 3 0 155 Wanted 1 0 3 21 0 0 0 0 25

For comparative reasons Data on offences registered, offenders involved and criminally charged and quatity of drugs sequestrated for January - June 2011.
Type of drugs Heroine Methadone Cocaine Marijuana Hashish oil Cannabis seeds Mixer Total Cases 60 1 21 234 2 5 1 325 Solved 59 1 21 219 2 4 1 308 Quantity 13 kg 067.1gr 0.4 gr 977.9 4513kg 952.5gr 1kg 584.2gr 1kg 891.4gr 20kg 248.8gr Offenders 89 1 38 335 3 10 4 481 Arrested 74 0 32 251 3 3 4 368 On bail 14 1 6 74 0 1 0 96 Wanted 1 0 0 10 0 6 0 17

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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 last year
Type of drugs Heroine Cocaine Marijuana January - June 2012 52 kg 889.9 gr 667.6 gr 9030 kg 377.5 gr January June 2011 13 kg 67.1 gr 977.9 gr 4513 kg 952.5 gr % 304.7 -31.7 100.05

During the first half of 2012: There have been conducted 28 operations with special investigation means; (28 have been 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 the same period of 2011) 36 international operations have been conducted with 55 persons, involved in international drug trafficking, arrested in Albania. (31 with Italy, 1 with Germany, 1 with FYRoM; 1 with Austria and 1 with Kosovo). (11 international operations have been conducted during the same period of 2011 with 19 persons arrested)

As regards to some statistics regarding the performance in the fight against money laundering, please refer below: I. The following table represents the statistical data regarding the cases disseminated to law enforcement authorities during 2011 - 01.01.2012 to 30.06.2012.
2011 01.01.2012 30.06.2012

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Disseminated to the Police Disseminated to Prosecution TOTAL

160 51 211

72 16 88

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

Institution Albania State Police Prosecutors Office Total

No. of requests for 2011

01.01.2012 31.03.2012

182

178

In order to increase the number and the quality of the SARs (Suspected Transactions), the GDPML has provided detailed feedback on individual cases, through outreach activities as well as the publication of guidance for the obliged entities. These efforts have led to a substantial increase, 383 SARs received in 2011 vs. 211 for 2010, amounting to an 81.5% increase, of the number of SARs reported to GDPML by obliged entities in 2011. An important indicator of the increased quality of the SARs, is that following their analysis in 47% of them GDPML, has disseminated information to law enforcement agencies (compared to 29% of them in 2010). The trends for the reporting of SAR in 2012 are very promising and their quality has constantly increased. III. The following table represents the number of SAR filed by the obliged entities in accordance with the obligation stipulated under the AML/CFT Law.
Reporting Institution 2010 2011 01.01.2012 30.06.2012

Banks Money transfer companies Exchange offices Notaries Accountants

163 3 6 -

329 7 1 17 1

152 41 1 4 0

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General Directorate of Customs 15 (GDC) General Directorate of Taxation 1

20 -

15 1

(CORIP) (HIDAA) Others TOTAL

6 12 211

8 383

12 1 227

IV. The detailed information regarding inspections conducted by GDPML are presented in the following table:
January June 2012 Nr 1 2 3 4 5 6 7 8 9 10 Subject Banks Construction companies Bureau de Change Games of Chance PP Institute Car Dealers Notaries Real Estate Accounting Non-bank institutions Total 3 32 44 32 2 13 5 2 On-site 5 12 8 2 4 20 Off-site January June 2011 On-site 8 5 3 10 3 1 1 1 1 1 20 17 1 Off-site

V. The following table represents detailed data regarding the freezing orders for 2011 and for the period 01.01.2012 to 30.06.2012 and the relevant amounts.
2011 Number of freezing Orders In EUR 13 814,170 01.01.2012 to 30.06.2012 2 571 250

20

In USD In ALL

845,281 23,065,989

3 698 10 332 945

Seized by the Prosecution and Courts 537,989 accounts

EURO;10,877,521

370 000 EUR

ALL;347,084 USD in various bank

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

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Priority 10- Strategy and action plan on property rights

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. Regarding the Action Plan for Priority 10, for the period June July 2012 a number of measures have been successfully implemented. In the of the Council of Ministers meeting, held on 27 June 2012 the Cross Sectoral Strategy on Property Rights and its Action Plan were approved. This initiative fulfils one the important measure in the Action Plan of Key Priority no. 10, "Property rights". It should be emphasized that 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 as follows: 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; representatives from the Central Office of Immovable Property Registration; representatives from the Agency of Restitution and Compensation of Property; representatives from the Agency of Legalization, Urbanization, Integration of Informal Zones and Constructions; EURALIUS (as an observer); World Bank. The Working group is continuously consulted With representatives from the Department of the Coordination of Strategies and Foreign Assistance Strategic Coordination; National Territory Planning Authority; Ministry of Finance, Ministry of Economy, Trade and Energy; Ministry of Agriculture, Food and Consumers Protection; Ministry of Environment, Forests and Water Administration; Ministry of Tourism, Culture, Youth and Sports; National Entity for Dwelling Houses; Land Governmental Commission 2. First consultation with interested donors

22

In December 2011 it was held the consultation with representatives from the World Bank, OSCE and 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 of consultation. By letters No. 1852 Prot and No 1853 Prot., dated 6.03.2012, the draft strategy and the 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 Water 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 Immovable Property Registration; 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) Department
of Strategies and Foreign Assistance Strategic Coordination and xvi) Department of Internal Administrative 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. 4. Consultation meeting in the framework of the key Recommendation No. 10 On 3 April 2012 it was held the joint consultative meeting with representatives from the (i) Ministry of Justice, (ii) World Bank, (iii) OSCE and (iv) European Delegation on the draft strategy and Action Plan. 5. The consultative meeting with state institutions, donors and groups of interest On 17 April 2012 it was held the consultative meeting on the draft strategy with all concerned stakeholders, foreign donors, groups of interest, civil society and other interested subjects. The representatives from the following institutions were invited to participate in this meeting at political and technical level: 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 water 23

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 Registration of 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) Department
of 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 for Legal 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 of Council 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 comments in the draft strategy and action plan.

7. Online consultation From the end of April to 26.06.2012 the strategy was subject to the process of online public consultation through the publication of the draft in the official website of the Ministry of Justice, with two phases: (i) By the end of April 2012 the draft strategy and the action plan were published in the official website of the Ministry of Justice for the purpose of receiving comments from the interested subjects regarding property matters. (ii) In June 2012 the draft strategy and the action plan revised, were published in the official website of the Ministry of Justice and all of the above stakeholders were notified for the purpose of being familiar with the revised draft and receive final comments. 8. Strategy approval

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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 of strategy policies. For this purpose, by virtue of the order of the Minister of Justice, a monitoring structure 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.

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Priority 11- Reinforce the Protection of Human rights

Take concrete steps to reinforce the protection of human rights, notably for women, children and Roma, and to effectively implement anti-discrimination policies. During the reporting period, measures have been taken in respect of increasing awareness toward gender based violence, measures for the protection of rights of children, rights of LGBT, people with 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 established countrywide. The Ministry will continue to work on strengthening the mechanisms for gender equality and domestic 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 level and 58 at municipality/commune level. CPU-s are established and managed by the local government (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 an important 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's rights depends significantly on local authorities, who must recognize their role and responsibilities, even in term of planning their budgets, to provide care and protection for children and coordinate their actions with other local actors engaged in issues of child welfare. In most cases, the wages of the CPU-s are supported by the local government. Raising the CPU in the country remains a significant challenge, but attention must also turn in increasing the capacities and functioning of the CPU in place. Enhancing the protection of the rights of lesbian, gay, bisexual and transgendered persons: Regarding the action plan for measures against discrimination because of sexual orientation and gender identity (LGBT), the Minister of Labour, Social Affairs and Equal Opportunities, has sent to all institutions involved in the consultation for recognition and to foresee specific budgets for this plan of action. MoLSAEO accomplishes this mission through cooperation with other responsible institutions under their respective fields. In the framework of institutional collaboration, all institutions involved in this action plan, have the obligation to implement the activities foreseen. Currently, a part of activities aimed at sensibilization programs by the relevant institutions.

26

Regarding the monitoring of the LGBT Plan measures is ensured by the Directorate for Equal Opportunities 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 violence against women, including domestic violence; protection from discrimination on grounds of sexual orientation and protection of child's rights. 2. Ensure follow-up and monitor the implementation of the national Strategy on Gender Equality and 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 and protection and promotion of child's rights. Regarding the status of plan budgeting, so far were received budgeting from Commissioner against Discrimination, UNFPA and Ministry of Education and Science. Also are expecting budgets from other institutions or donors. Effective implementation of the National Strategy on People with Disabilities: Regarding the establishing a timeline for adoption of the Law on persons with disabilities, the inter-ministerial working 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 on Protection 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 No 404 of 20.06.2012 "On the extent, requirements and procedures governing eligibility for financial compensation of electricity bills and fixed telephony bills to the benefit of people deprived of sight, paraplegic and tetraplegic persons". It becomes effective upon publication in the Official Journal. Protection of Roma Rights, Monitoring of the objectives of the National Strategy and National Action Plan for the Decade of Roma Inclusion 2010-2015: Regarding the issue of the Roma families from the Tirana train station and later Kombinat, some of the Roma families have left to the cities they have come from and the rest have been settled in the settlements of Roma communities in Tirana. As foreseen on 19 June 2012 a meeting of the Inter-ministerial Committee on Roma issues, was organized by MOLSAEO. High representatives of different institutions were present in this meeting, including the representatives of the Ombudsman and the Anti-Discrimination Commissioner. The main issue discussed was regarding the 8 Roma families that recently were housed in the building of Kombinat, the place from which these families have already left. At this meeting it was decided to take immediate measures in collaboration with the Directorate General of Civil Status to make registration of these families in the district of Tirana and to be involved in social assistance schemes. MLSAEO also will

27

require the Municipality of Tirana to include these families in the lists of the homeless people and 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 June 2012, a meeting was organized between f MOLSAEO and EUD in Tirana, to discuss in detail the action plan of measures to achieve the recommendations of the Roma seminar. The conclusions of this meeting were presented in the Interministerial Committee meeting where was stress to all ministries 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 the measures foressen to address the conclusions of the "Seminar on inclusion of Roma and Egyptian communities". This meeting was finalized with some general recommendations and some specific comments on specific areas. As soon as these institutions present their comments and after they will be reflected on the final -draft, which is expected to be finalized within July 2012. Commissioner for Protection from Discrimination: Regarding the cases handled from the Commissioner for Protection from Discrimination, The Commissioner based on article 32, 33 of 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 name and with the written consent of individuals or groups of individuals who claim that discrimination has occurred; - To perform administrative investigations after the receipt of credible information about a violation of this law; - The Commissioner expresses himself by a decision which is made known to the parties within 90 days from the date of receipt of the complaint of, if a public hearing session has been held, within 90 days from the day of the session. The decision contains appropriate measures and regulations, also setting a time period for performing them. - If the Commissioner orders regulations or measures, the person against whom the complaint was submitted reports within 30 days before the Commissioner in connection with actions undertaken for the implementation of the decision. If the person against whom the complaint was submitted does not inform the commissioner or does not implement the decision, the Commissioner imposes a measure or a punishment by fine for the person against whom the complaint was submitted. The sanction by fine is repealed if the person against whom the complaint was submitted implements the decision within 7 days after the sanction was imposed.

28

In 2012 the Commissioner for Protection from Discrimination has taken 8 decisions, of which in 3 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 time limit for their implementation. Regarding the number of decisions, the data which you will find attached in the Annex 11.1 Please refer to the respective table for details on the progress made for each activity/measure.

29

Priority 12- Improve the treatment of detainees

Take additional measures to improve treatment of detainees in police stations, pre-trial detention and prisons. Strengthen the judicial follow-up of cases of ill-treatment and improve the application of recommendations of the Ombudsman in this field. Regarding the Action Plan for Priority 12, for the reporting period the following measures have been successfully implemented. The Joint Working Group between the Ministry of Health and Ministry of Justice assessed the situation, 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 Strategic Planning 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 process involving responsible Ministries, Ombudsman and international organizations. The legal reference for the Institution is Special Medical institution, not Forensic Facility for Mentally ill offenders. Chapter VI, article 29, topics 1 and 2 of the law specify the cases to be treated, and when they will be treated. The same article as well does not limit the number of facilities to one but leaves it open for more facilities of this kind. The functioning of the Special Medical Institution rules, orders and manuals that regulate the everyday activity will be specified, defined and approved by Decisions of the Council of Ministers. (Law 44/2012, Chapter VI, article 28, topic 2, line 4) (see article 28 and 29 as follows) Article 28 -Special medical institutions 1. Special medical institutions are institutions that serve for the treatment of the persons with mental health disorders that, have committed a penal act, for whom the Competent

30

Court has decided obligatory treatment at a medical institution, of the detained or sentenced 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 temporary hospitalization at a special medical institution in accordance with article 239 of the Code of Penal Procedure. 2. Treatment of the persons in special medical institutions is similar with the treatment of the 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 of establishment, creation and functioning of these special medical institutions and the security measures for their security are decide with a decision of the Council of Ministers. 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 penal decisions 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 a non-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 with mental health disabilities, according to topic 1 of this article. Regarding the track recorded cases in 2011, there were no cases of violence against prisoners in the penitentiary system. This is mainly due to the staff ability to resolve disputes through communication and without resorting to force or other coercive means. It also indicates the effectiveness of training delivered to staff on the resolution of disputes without force. During January-March 2012, there are no recorded cases of violence in the penitentiary system. Through the media, the Ombudsman denounced on 26 April 2012 the case of two detainees claiming to have been maltreated by police officers in "Jordan Misja" detention centre. The Ombudsman filed a criminal suit to Tirana Prosecutors Office for this case. Meanwhile, the General Directorate took prompt measures and suspended 5 police officers of this prison until completion of investigations. Through letter No 2767 of 04.07.2012, Tirana District Prosecutors Office notified that it dropped the case for lack of evidence, thus rejecting the allegations for the criminal torture against detainees in Jordan Misja detention centre as well as the claims of the Ombudsman. As regards to the question raised during the consultative meeting of 4th of July regarding plans to change the cells doors/ keys. In the Action Plan of 2012, it is not foreseen to change until September the cells doors/keys. It is planned to install keys in the file cabinets or shelves where medical cards of detainees or pre-detainees are held in the framework of improvement of preservation of confidential medical data of persons deprived of freedom. To this effect, by order 31

no. 3006 dated 07.05.2012 of the General Director of Prisons and in the framework of recommendations made by the Torture Prevention Committee (TPC), all Criminal Decision Enforcement Institutions (CDEI) have the task to install keys in the file cabinets or shelves where medical cards of detainees and pre-detainees are held, assigning administrative responsibility and legal obligation to them. Taking into consideration the request for information following the consultative meeting held on 04.07.2012, in the framework of the Action Plan for the KP 12, , the Investment Section in GPD has made an estimate for change of cells doors/keys in 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 per piece. 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 with approved funds, should explore the opportunity for interventions to doors or cells keys, as it is the case of investment in CDEI Lezhe during 2011. The planning of funds shall be made in the budget of 2014, on basis of priorities of the Prison System and approval of funds of relevant structures. Please refer to the respective table for details on the progress made for each activity/measure.

32

Annex: Report on the Action Plan for the progress made for each activity/measure
Priority 6: Public Administration Reform

No 1.2

Planned measures/ activities To draft the law on Civil Service legislation and to organize consultations with all relevant stakeholders.

Deadline/ Date

Comments / Current status Deliverable identified jointly in the consultative meeting with the EU Commission services on 6 March 2012.

April 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 final official 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 beginning of September 2012. and then by the parliament at

Consultation of draft with stakeholders, including institutions, and civil society. line ministries, independent Law Parliamentary

Commission, representative of opposition

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

Deliverable identified jointly in the consultative meeting with the EU Commission services on 6 March 2012. Current status As soon as SIGMA finalizes and delivers their comments on the draftlaw, 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.

33

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. June 2012

-Reflecting the comments and recommendations

proposed by the stakeholders, approval of the document by the CoM and submission of the draftlaw to the Parliament. 4.1 Monitor line ministries work in addressing Prime Minister's Order with measures to improve implementation 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 it reports 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 Commission services on 6 March 2012. 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.

34

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 module for 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)

35

Priority 7: Rule of Law and reform of the judiciary

Planned Activities/Measures

Period/Deadl ine for implementati 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 High Court 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

Deliverable identified jointly in the consultative meeting with the EU Commission services on 6 March 2012. 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

36

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 Commission services on 6 March 2012. 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

37

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" April 2012 Deliverable identified jointly in the consultative meeting with the EU 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 April 2012 Deliverable identified jointly in the consultative meeting with the EU Commission services on 6 March 2012 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

38

respective Articles and the whole process is to be completed until February 2013 4.4 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 to eliminate delays by the defence counsels September 2012 Deliverable identified jointly in the consultative meeting with the EU Commission services on 6 March 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 April 2012 Deliverable identified jointly in the consultative meeting with the EU Commission services on 6 March 2012 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 disputes is 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 Deliverable identified jointly in the consultative meeting with the EU Commission services on 6 March 2012. Current Status Ministry of Justice, during the first 6 months of the year 2012 has

39

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 June-October 2012 March-June 2012 Deliverable identified jointly in the consultative meeting with the EU Commission services on 6 March 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, 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 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

40

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 through regular 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. On 18.05.2012, the State Commission for Legal Aid endorsed 33 (thirty-three) cases referred by TLAS NGO on 16.05.2012 concerning the registration of children to the civil registration office and initiation of judicial procedures for their custody; On 20.06.2012, the State Commission for Legal Aid endorsed 2 (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.

41

Priority 8: Anti corruption strategy and action plane

No 2.1 Planned measures/ activities 1or 2 workshops or round tables: - Summon a round table/workshop with representatives of the Albanian parliament (Law Commission), Prosecution General Office, 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 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 "For prevention 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 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 the prevention of conflict of interest during the exercising of public functions; the strengthening of limitations and restrictions of private interests of local government elected officials; extending the declaration target, including of directors of health and education sector or other 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 Deadline/ Date April- May 2012 Current Status The Conference of Chairmen of Parliamentary Groups decided to discuss in the plenary session of 6 August, the constitutional draft amendments concerning the parliament members and judges immunity. Comments / Current status

42

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.

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. corruption was adopted. On 12 July 2012 was organized the meeting were the Track record on

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

43

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 18 May

44

Priority 9: Fight against organized crime

No. 1.1

Planned measures/ activities 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.

Deadline / Date End of 2012

Comments / Current status 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.

In the framework of the cooperation with law enforcement authorities GDPML has already month of signed a MoU with: - State Intelligence Service (June 2012) for the exchange of information regarding the 2012 organized crime as well as the enhancement of the fight against the financing of terrorism; First six - 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 the Ministry 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. 45 This constitutes a positive development that will further enhance the capabilities of FIU and other law enforcement authorities to tackle organized crime

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

1.5

Continuous control not only by GDPML but also by the supervising authorities of the subjects of law. Increasing 10% joint inspections with Supervising Authorities.

During 2012

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.

46

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 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 by CoM 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.

1.12

Approval and implementation of the additional National Action Plan for the prevention and combat of the trafficking of motor vehicles.

April 2012

47

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 trafficked vehicles 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. During 2012 February 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 Completed On 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 5 representatives 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.

48

5.1

Drafting and approval by the Personal Data Protection Commissioner of the Instruction On 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 months of the year 2012

In cooperation with the prosecution office, the training course on investigation problems, 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. Completed There is drafted and approved on 11 may 2012, the Instruction No. 17 "On determining the time of retention of personal data processed in electronic systems, by the state police for the purposes of prevention, investigation, detection and prosecution of criminal acts.

5.2

Signing of a Cooperation Agreement with General Prosecutors Office.

Deadline until October 2012

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

6.3

The number of operations using the special investigative methods will increase by 5 %.

During 2012

January June 2011 143 January June 2012 186, 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 of digital maps.

GDSP July 2012

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

49

-The group tasked with the modification and improvement of the case report has identified what needs to be modified in the case report, the fact that there can be more than one case report for a police issue, that the case reports need include data which can generate police statistics for analysis purposes and outlining the crime diversity and its extent in time and space, and which are the amendments to the case report to be introduced also in the police code. -The group tasked with the drafting of standard procedures for the Supplementary Report has determined when a Supplementary Report need be produced, who produces it and what need be included in these reports. A template has been drafted and it has been distributed to all concerned groups for their feedback. -The group tasked with the drafting of standard operating procedures related to the reporting module and police statistics has defined which are the draft statistics that Police needs for analysis purposes and for having a realistic picture of the crime situation, which are 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. During the period April June 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 of the respective perpetrators, which defines clearly police tasks in fight against illegal cultivation of narcotic plants. This Operational Plan is sent to all regional Police Directorates in Albania. The main police leaders of the Department for Public Security during this period have carried out meetings in all regional Police Directorates based in the scheduled plan approved by the General Director of ASP, according to the implementation of the National Action Plan No.41, dated 29.03.2012 and specific detailed plans designed by the regional police directorates, focusing in searching of terrain and collecting information concerning this illegal criminal activity. As well, in the framework of the collaboration with Italian Police Mission in Albania Interforce, it is drafted and signed the Cooperation Protocol dated 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

50

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 of Albanian terrain by using Italian aircrafts equipped with high tech devices. In this respect there are developed two expert meetings with Italian partners (pilots and aviation staff included) regarding technical details required 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, international trafficking routes and drug trafficking, narcotic sequestration and their eradication. In this training there are 15 police officers benefited. Training is carried out by Serious Crime prosecutors. On 5 of July, it has started the air monitoring of Albanian terrain implementing the above mentioned Operational Plan No.578, date 10.05.2012,For searching, monitoring, detecting and eradicating of the cultivated cannabis sativa plants and sending to justice of the respective perpetrators in close cooperation with Italian police 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 6 perpetrators 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. 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.

10.2 Drafting of the Action Plan On the prevention of the cultivation of narcotic plants and 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

MarchApril 2012

51

- 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. AprilJune 2012 During the period 20 April-28 May, there have been recorded 8 cases of cultivation of narcotic plants, out of which 7 cases have been detected. These operations resulted in the destruction of 1484 narcotic plants of the type cannabis sativa, out of which 1288 planted in cubics and 196 cannabis plants and to the arrest in the act of 8 perpetrators.

- 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 criminal individuals/groups, deploying 10-15 officers and 2-4 vehicles for each operation. June Septemb er 2012 10.3 Drafting of the Operational Plan To control, monitor, evidence, destroy the plots planted to narcotic plants Cannabis sativa and taking to Court the offenders. May 2012 The Operational Plan On the control of the territory regarding the cultivation of narcotic plants is in its approval stage. Completed The Operational Plan no.578, dated .05.2012, On the control, monitoring, evidencing and JuneAugust 2012

52

destruction of plots planted to narcotic plants was approved 10.5 Delivery of training at all 12 Regional Police Directorates for officers engaged in the investigation and prevention of crimes on procedures to deal with the cases of narcotic plant cultivation. 11.1 Continue with the training of border police staff on risk analysis, ways and techniques of checking vehicles and passengers, etc. During 2012 Ongoing Currently trained: -17-27 January, 7-17 February and 10-20 April 2012 On structures of crime investigation in cooperation with Pameca III -60 officers; -22-23 February 2012 On Prevention of motor vehicles trafficking - 7 officers; - 27-28 March 2012 on prevention and fight against narcotics and precursors control 3 officers. During 2012 -17 January 2012 For the agreement on information Exchange with coast guard 8 officers of BMP -31 January 2012 On communication by radio TETRA 7 officers -9 February and 16 March 2012 On sage of surveillance devices of navigation instruments of BMP 49 police officers. -2-27 April in cooperation with Guardia di Finanza is organised trainings of 4 officers on Sea Mapping and radar techniques, ships maneuverings and search & rescue in water space. During Currently organised on 27 Feb 2 March 2012 a training on Schengen assessment of sea Ongoing During 2012 During May April 2012 have been identified 6 cases of narcotic trafficking with an amount of 130.5 kg Cannabis Sativa and 4.5 kg Heroin. AprilMay 2012 Course has been conducted by the specialists of crime prevention and investigation sections at the Police Training center and at the 12 regional Police Directorates.

- Training in the area of surveillance of sea space.

- Training on improvement of procedures for the control of the surveillance of borders according to Schengen Procedures - Training on regional and international cooperation on actions and joint patrols, joint centres of information exchange, joint BCPs, etc. During 2012

53

2012 - Training on improvement of Risk Analysis and information processing to enhance the efficiency of BCPs to combat trans-border crime.

borders Port Durres and Vlora, with 6 participants and has also been made the assessment of 42 dogs of BMP and their instructors by Austrian experts from 23 27 January 2012. For the period of March 11 April 2012 have been organised 21 joint patrols with Montenegro and 8 joint patrols with Macedonia During the reporting , there have been recorded 13 cases of trafficking of narcotic substances in the amount of 2450.2kg of cannabis sativa, 20.891kg of heroine, 0.5kg of mixers and , 0.002 kg of cocaine and 5 cannabis sativa plants. Delivery of courses on 10 April and 3 May 2012 naval Operations on narcotic and psychotropic substances - 28 officers (NMOC) These activities have been conducted in cooperation with PAMECA, Guardia di Finanza and OSCE. A course started on 30.4.12 , on naval maps and radar-technique. Vessel maneuvering and Search-rescue in the sea space. Documents and services in the Operational Room Operative. - 16-27 April 2012 On maintenance of vessels -15 employees, Training course on the Green Border delivered in Saranda on 7 May to 11 May 2012, organised by BMD and EXBS, USA, attended by 12 officers. Training on joint information exchange centers to be attended by 20 BMP officers on 23 April 2012. Delivery of the training on risk analysis and information processing for 14 BMP officers on 16 April 2012. Training on Knowledge on Albanian biometric passports was delivered on 17 and 18 May 2012, 3(three) teaching groups and a total of 30 participants of the BCPs of Pogradec and Korca. A 4-week training delivered on 2-27 April on risk management , attended by 20 BCP specialists

54

Date 03.05.2012 carried out the traininge Improvement of the Risk Analyses. 14 police officers from Border Police benefited from this training On 16.05.2012 was carried out training : On the Albanian biometric pasports with participation of 30 police officers from Border Police . On 03.05.2012 was carried out training Specific knowledge on Maritime/Naval Operations against narcotic drugs and psychotropic substances with participation of 12 police officers from Border Police. On 07.06.2012 was carried out training Specific knowledge on Operational Naval Communication with participation of 12 police officers from Border Police. On 08.06.2012 was carried out training On procedures for searching of naval vessels with participation of 12 police officers from Border Police. On 07-11.05.2012 and 04-08. 06. 2012 in the Border and Migration Police Directorates of Kukes and Shkoder were carried out training : Methodology of Monitoring of the green border, with participation of 23 police officers from Border Police. On 05.06.2012 was carried out training Searching on the second border line for travel documents with participation of 18 police officers from Border Police. On 23.04.2012, was carried out training : On the establishing and operating of the Joint Centers of Information Exchange with participation of 19 police officers from Border Police. January June 2011 30 January June 2012 58 increase by 93.3%

13.22

Increase the number of international operations by 5 % in cooperation with Regional and EU counterpart law enforcement agencies engaged in the fight against organized crime.

14.2

Implementation of the National Action Plan On Prevention and Fight against Trafficking of motor vehicles and fulfillment in time of the tasks planned.

2012

1.

2.

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 by CoM Decision no. 284 dated 09.05.2012 and is being implemented. 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

55

3.

4.

5.

6.

7.

8.

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. 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. 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. 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. 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 trafficked vehicles and 7 vehicles with irregular documentation. 18 offenders are being prosecuted while free. 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. 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.

14.3

Every three months will be organized periodic meetings of the actors involved in this action plan; data and trend analysis of this phenomenon and definition of concrete tasks or conduct joint operations with the local structures

Every three months The first meeting of the Task Force was held on 18 May.

14.4

Implementation of the National Action Plan

2012

It has been established the Inter-institutional Working Groups of Task Force. There have been held 2 meetings of Task Force analyzing:

56

On prevention and Fight against Trafficking of Works of Art and Culture and setting up of a Task Force group at central level which will analyse the phenomenon, the information and define tasks for the future to prevent the phenomenon as well as monitor task implementation as per determined datelines. Preparation of a summary report by RPD on cultural inheritance funds in their respective regions for the archaeological parks, history and archaeology museums, state archives, objects of cult, valuable monuments of culture and places where they are administered and displayed. - Training of the specialists of the structures engaged in the fight against illegal trafficking (against theft and trafficking of works of art) to become familiar with the national and international legislation (Conventions of UNESCO) in the area of arts and culture. A joint training with the MCYS on identification of works of art and culture-the cooperation with other institutions was delivered on 17 May 2012. The training on The role of State Police in prevention of the theft of Works of art and culture and institutional cooperation has been held with the participation of 34 employees: police officers, officials from MCSY, Customs Administration and SIS. A proposal for an addendum in Article 138 Theft of works of art and culture has been forwarded to the Ministry of Justice. 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 officially forwarded to the Council of Ministers on 07.06.2012. During 2012 The meeting of the Task Force for the monitoring of the implementation of tasks defined in the National Action Plan and on inter-institutional cooperation was held on 02.05.2012 at the MCYS. The training course on identification of works of art and culture-the cooperation with other institutions was attended by 18 police officers and 16 employees of the Customs, SIS and MCYS. The third meeting of the inter-institutional Working Group took place on 07.05.2012. During 2012 The inter-institutional Working group has already been established and its first meeting was held on 22.02.2012. The second meeting took place on 04.04.2012 focusing on pre-determined topics. In process -The progress of the Inventory Process of the Works with Cultural Heritage, the problems, measures for the future. -The necessity of joint trainings between .police-customs etc as well as it has been planned to start work beginning from trainings.

57

21.1

Increase of the number of preliminary investigation cases and money laundering cases under investigation in 2012 by - Strengthening of cooperation with Joint Investigation Units, FIU and other institutions tasked by law to fight money laundering.

During 2012

Ongoing During the period 1.04.2012 to 19.04.2012, there are registered to the Prosecution Office 5 cases with 5 suspects. From 20.04..2012 to 28.05.2012, there are registered at the Prosecution Office 13 cases with 18 suspected perpetrators. From 01 to 19.04.2012 ,9 case have been reported to the GDSP requesting investigations and police has sent to the Prosecution Office 7 requests for verifications. From 20.04.2012 to 28.05.2012 14 cases have been reported to the GDSP for investigations and Police has sent to the Prosecution Office 11 requests for verifications. One case of pro-active investigation has been registered over the period 20.04.201228.05.2012 From 01-19.04.2012 there have been held 5 joint analysis meetings with the Prosecution Offices. From 20.04.2012 to 28.05.2012 there have been held 16 joint analysis meetings with the Prosecution Office. From 20.04.2012 to 28.05.2012, there have been seized 322 000 (three hundred and twenty-two thousand ) Euro in bank accounts. A training course was delivered from 01 to 19.04.2012 which was attended by 6 officers.

- Increase the number of proactive investigations using special investigative techniques for money laundering cases under investigation.

2012

- Conduct periodic analysis with the Prosecutors Office during the investigation of money laundering offences under investigation.

2012

- Increase the value of seized assets seized because of money laundering offences Strengthening of the capacity of money laundering investigation structures by delivering training courses jointly with the Prosecutors Office, FIU and GDT, GDC , ASKA and in the framework of the

2012 3 courses were delivered from 20.04.2012 to28.05.2012 which were attended by 18 polcie officers.

2012

58

Twinning Project with Spain and Bulgaria. 2012

Ongoing There have been conducted 25 joint analyses with Prosecutors. Ongoing During the first 3 months of 2012 there have been seized, 86 540 Euros and 45 000 Canadian Dollars, In April there isnt any. In the first 3 months of 2011 there were no seizures. On going During this period there have been conducted 11 trainings with 98 beneficiaries from ASP related to Money Laundering in the framework of the Twinning Project As well as 2 trainings with 26 beneficiaries (Annual Joint Training Plan with Prosecutors Office) January June 2011 44 cases reported to the PO January June 2012 69 cases reported to the PO increase by 55 % 14 of them have been proactive investigations. From 26.04.2012 to 30.06.2012, there have been held 20 joint analysis/ meetings with the Prosecution Office and other LEAs. Seized assets: January June 2011 215 000 Euro January June 2012 over 5 million Euro (5.032.319)

22.2

Adoption of a standardized (Investigators Note Book and crime scene log) for planning and recording investigative decisions and for crime scene.

Completed The SOPs for Track record of serious crimes scenes are already drafted. The document, after due consideration of the feedback from the central structures like the Department against Organized Crime & Serious Crimes, Department of Public Security, the Department of Border & Migration, is sent for approval to the General Director of State Police.

59

The SOPs are approved by the Order of the General Director of Police no.217 dated 18.05.2012 On the approval of the standard procedures for the Track Record for the serious crimes scenes. 22.3 Publication and distribution of the Note Book Completed 850 copies of this register and SOPs we produced and distributed to all the local police structures. Implementation of this register started on 1 July and is extended to all structures of State Police. 22.4 Increase of the number of proactive investigations in the fight against organized crime January June 2011 280 January June 2012 332 increase 18.6%

23.1

Drafting of the Regulation On the functioning of the structures engaged in the fight against terrorism.

May 2012

In process The Regulation is completed as a draft. We are on the stage of final consultations with other actors. Please refer to the narrative part for details

27.2

Increase the number of property investigations for those that are subject to the criminal offence governed by the Antimafia Law. No. 10192 Strengthening of the monitoring and analysis of cases of property investigations.

During 2012 During 2013 During 2014

Strengthening of the cooperation with

2012

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the Prosecutors Office, other law enforcement agencies and domestic & foreign intelligence units. 28.1 Improvement of the quality of data gathered from the case management system in courts and law enforcement agencies. June 2012 Module for generating statistics is created and is currently held talks with the company contracted for the accuracy of their data collection and processing for all courts in automatic and immediate way. Deliverable identified jointly in the consultative meeting with the EU Commission services on 6 March 2012. Improvement of the system for collection and automatic processing of data from ICMIS. Significant reduction of time for the receipt and processing of information for the purpose of data analysis and reporting in an aggregate and analytical form, from a single national database. The Module for generation of statistics is established and negotiations are currently held with the company contracted for accuracy of their collection and processing for all courts automatically and instantly. The Case Management Project for the Albanian Prosecution which foresees the transformation of the physical files to an electronic format is divided in two parts. The first part consists in the physical establishment of the network that will serve as a platform for the creation and installation of the Software, which is the second part of this project. The first stage including purchase of the network equipment and other electronic accessories is in the process of tendering from the European Commission which is also funding this Project. The requests on the equipment purchase in question have been published in the web page of the European Commission as a tender and the winner for the carrying out of the project is expected to be proclaimed from 9 16 of July of the current year. A fund of 1.2 million for the purchase of network equipment has been foreseen by the European Commission. Following the proclamation of the winner, the installation and configuration of the network is expected to start in September.

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The second stage will consist in the tendering of the case management program which is foreseen to be held in August 2012. The funding of this program will amount up to 1.8 million. The winner of this project, coming out of the tender process of the European Commission, is expected to work for the implementation and application of the program during 2013 as well.

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Priority 10: Strategy and action plane on property rights

Activities /Planned measures

Realization Period/ Deadline March April 2012

Comments

1.6

Examination and reflection of comments in draft strategies.

Completed : The Ministry of Justice in cooperation and with the expertise assistance the EU Delegation, has finished the review of the draft strategy Reform in the field of property rights and its action plan. In this review process, there were analyzed for purpose of reflection, the comments submitted by the institutions dealing with property issues and interested subjects (international partners and group of interest. Please refer to the narrative part of this priority for a detailed description of the consultation process.

1.7

Sending for review and adoption in the Council of Ministers.

30 April 2012

Deliverable identified jointly in the consultative meeting with the EU Commission services on 6 March 2012 Completed: In the of the Council of Ministers meeting, held on 27 June 2012 the Cross Sectoral Strategy on Property Rights and its Action Plan were approved. This initiative fulfils one the important measure in the Action Plan of Key Priority no. 10, "Property rights". It should be emphasized that the adoption process of this of this strategy went through a very wide consultation process.

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Priority 11: Reinforce the Protection of Human

No 11.1.1

Planned measures/ activities Establishing the national coordination mechanism for the fight against domestic violence. There will be held 4 regional meetings in several regions to establish NRM (Tirana, Burreli, Gjirokastra, Prmeti

Deadline/ Date March, April, May, September, October 2012

Comments Current status: Regarding the National

Coordination Mechanism for the fights against domestic violence (NRM), 22 NRMs are already established countrywide. The Ministry will continue to work on strengthening the mechanisms for gender equality and domestic violence across the country.

11.2.1

Development of a concrete work programme, awareness, activities for LGBT persons.

March 2012

Completed Regarding the action plan for measures against discrimination because of sexual orientation and gender identity (LGBT), the Minister of Labour, Social Affairs and Equal Opportunities, has sent to all institutions involved in the consultation for recognition and to foresee specific budgets for this plan of action. with MoLSAEO other accomplishes this mission through cooperation

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responsible framework collaboration,

institutions of all

under

their respective fields. In the institutional institutions

involved in this action plan, have the obligation to implement the activities foreseen. Currently, a part of activities aimed at sensibilization programs by the relevant institutions. Regarding the monitoring of the LGBT Plan measures is ensured by the Directorate for Equal Opportunities 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 violence against women, violence; including protection on domestic from of grounds

discrimination of child's rights.

sexual orientation and protection 2. Ensure follow-up and monitor the implementation of the national Strategy on Gender Equality and against Domestic Violence and its Action Plan.

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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 and protection and promotion of child's rights. Regarding the status of plan budgeting, so far were received budgeting from Commissioner against Discrimination, UNFPA and Ministry of Education and Science. donors. 11.8.5 Organization of consultative sessions with civil society on the Draft Framework Law on Protection disabled June and July The consultative sessions will organize in four regions (Shkodra, Vlora, Tirana and Kora) in order to discuss the draft law on disability with the civil society. Current status: Concerning the consultative sessions with civil society on the Draft Framework Law on Protection disabled, the first session will be held on July 16, 2012 in Shkodra , where the CS (consultative sessions) organisations of the northern areas Also are expecting budgets from other institutions or

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of the country should participate. Draft Action Plan 2012-2020 for the implementation of the Convention on the Rights of People with Disabilities June - July Based on the UNDP project, IMWG supporting by tecnichal assistance is working for AP Current status: A is draft already of action plan for with implementation of the Convention discussed members with interministerial of civil

working group and has consulted organizations society. The final draft is expected to be ready in mid-July. 11.8.6 Lobbying the Albanian Parliament to ratify the Convention on the Rights of People with Disabilities June 2012 A round-table will organize with the members of Parliament in order to raise awareness for ratifying the Convention on the Rights of People with Disabilities Current status: Due to the commitments that the Albanian Parliament had in June, round-table with the members of Parliament in order to raise awareness for ratifying the Convention on the Rights of People with Disabilities will take place in September where the

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2012-2021

action

plan

for

implementation of the Convention will be presented. 11.8.9 Accessibility guidelines reviewed and, where necessary, established and respected in line with CRPD Strengthen, through workshops and published materials, the awareness and professional skills of construction industry, university and central and local government on accessibility of the built environment June 2012 In 2011, with the aim of a technical assistance, are identified and reviewed accessibility guidelines against relevant CRPD and EU accessibility standards. Under assessment was the university syllabus for architects to ensure it includes disability issues. In 2012 some workshops awareness training, will organize with several actors, to ensure accessibility environment. Current status: In the process for ratification of the Convention on the Rights of People with Disabilities during the first half of 2012 were carried out three awareness training seminars. One of the workshops was organized at the Faculty of Enginery construction with the professor and students, in order to introduce accessibility elements for PwD of in of the built

university curriculies. Another seminar was organized

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by architects and professionals in the construction industry, in order to train and sensitize the business of building for the implementation of rules and eligibility standards in building developments. The third one was conducted on 30 persons, governments country. 11.9.1 Realization of the second cycle of training in 10 counties where the Roma community live to enable computerization for entering data at the local level in areas such as education, health, housing and employment and then these data will be forwarded to the office of Technical Secretariat through a computer program and a network for this purpose. June - July In process. MOLSAEO with the support of UNDP project has organized, on October, the first phase of training seminars in four regions, for the focal points in several areas, working on data collecting for The programmes and measures implemented at the local level will be systematically monitored, coordinated and evaluated to ensure their effectiveness and efficiency. For this, the technical Secretariat for Roma will organize the meeting in the ten regional Council were Roma minorities live Current status: The first training for the web based monitoring of the roma strategy and decade action plan has started on July 2 with the representatives of the districts. This activity will be followed by thematic capacity building on the areas of the Roma health and housing Decade (to be namely education, employment, Roma people in all regions. specialists of of the and local whole representatives

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completed by October 2012) 11.9.2 Centre for Community Health and Welfare will conduct home visits in Roma neighbourhoods. The Ministry of Health will organise awareness raising campaigns on arrange of issues such as hygiene, reproductive health family planning as well as risks linked to early marriages and early pregnancies. Vaccination for all roma children will be ensured September 2012 June 2012 Centre for Community Health and Welfare supported by UNICEF, MoH and PHI plans to perform: 96 home visits for the Roma community. These visits are planned in Durres (72 visits) and Tirana (24 visits) to identify the health situation of children aged 0-6 years-old and mothers. Current status: Awareness reproductive parenting development, and information good child vaccination activities on issues of hygiene, health skills, and

have been organized from MOH together with other partners with roma mothers in Tirana and Durres area where roma communities live. 240 home visits have been conducted from June 2011 June 2012 while 240 additional home visits are planned for June 2012- June 2013. The home visits have aimed at ensuring health services to the most marginalized families with a focus on the families with very young children.

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11.9.6

Approval of the Decision of CM for transferring a military centre in the privatization process, owned MOLSAEO, in order to use it for accommodation of Roma people without dwelling.

March 2012 Dec 2012

Current status: Regarding the issue of the Roma families from the Tirana train station and later Kombinat, some of the Roma families have left to the cities they have come from and the rest have been settled in the settlements of Roma As

Completion of the refurbishment of theKombinat compound, including provision of electricity, sanitary installations and heating with a view to house the 8 Roma families evicted from Tirana train station Accommodate 8 Roma minority families displaced from the train station in the shelter and ensure that children of these families attend school; 30April The process coordination of establishment and operation a multidisciplinary centre for Roma expelled from the train station, in this zone. Meeting with Donors and Roma or non Roma NGO to present the action plan on the establishment of a multi-disciplinary centre. 30 April 2012 2012 15 April 2012

communities in Tirana.

foreseen on 19 June 2012 a meeting of the Inter-ministerial Committee on Roma issues, was organized by MOLSAEO. High representatives meeting, representatives Ombudsman Discrimination and of including of the different the the Antiinstitutions were present in this

Commissioner.

The main issue discussed was regarding the 8 Roma families that recently were housed in the building of Kombinat, the place from which these families have already left. At this meeting it was decided to take General immediate of Civil measures in collaboration with the Directorate Status to make registration of these families in the district of Tirana and to be involved in

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social

assistance

schemes.

MLSAEO also will require the Municipality of Tirana to include these families in the lists of the homeless people and consider their housing a priority through social programs. 11.9.9 Provision of a timetable for prioritization of implementation of the conclusions of the "Seminar on inclusion of Roma and Egyptian communities in the framework of Albania's European Union integration" indicating a realistic plan of implementation of all measures 30April On 18 June 2012, a meeting was organized between f MOLSAEO and EUD in Tirana, to discuss in detail the action plan of measures to achieve the recommendations of the Roma seminar. The conclusions of this meeting were presented in the Interministerial Committee meeting where was stress to all ministries 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 the measures foreseen to address the conclusions of the "Seminar on inclusion of Roma and Egyptian communities". This meeting was finalized with some general

72

recommendations areas. As soon

and as

some these their

specific comments on specific institutions present

comments and after they will be reflected on the final -draft, which is expected to be finalized within July 2012.

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Priority 12: Improve the treatment of detainees

Period/ Scheduled activities/measures Deadline of Implementat ion 1.17 Signature of the agreement between the Ministry of Justice and Ministry of Health and decision taken regarding the placement of mentally ill persons under compulsory medical treatment. September 2012 Deliverable identified jointly in the consultative meeting with the EU Commission services on 6 March 2012. In compliance with our commitment, based upon the Memorandum of Understanding signed between the Ministry of Health and Ministry of Justice and the Mutual Order "Upon the foundation of the working group for assessing the adaptation of IEVP Kruj, Special Institute (Hospital) for treatment of persons with mental disorders, where a court decision has been issued, consisting in medical measure of reclusion with "mandatory treatment in a medical institution," the joint working group from 16th of April, 2012 to 03rd of May, 2012 has examined and completed inspection in: 1) The Special Hospital (for detainees with mental disorders) in Kruja; 2) The former building previously known as the Infectious Disease Hospital and the available sites, surrounding the ID Hospital (situated within the Military Hospital Universitarian Center); 3) The square, adjacent to the Prison Hospital (situated within the University Hospital Center "Mother Teresa"). The purpose of the visits was the assessment of the current conditions provided by IEVP Kruje upon the flexibility of adjusting the building, entirely, into a Medical Institute for treatment of people with mental disorders. Also part of the inspections was the assessment of the sites available, as a backup plan where a new building that will fit the same purpose can be established. Comments

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Based upon the outcome of our visits, the working group has prepared a report and that includes: - A Financial report regarding the values of the limit fund necessary for completing all the construction works for both versions (the reconstruction of the existing facility and/or new construction); - Listing the pro-s and cons for the three proposed options as an opportunity to establish the Medical Institute; - A document with all listed pros and cons regarding the three versions proposed for the construction of the new Medical Institute for detainees with mental disorders. The working group further recommended: 1) As a first alternative for the Medical Institute for detainees with mental disorders shall be the option of constructing a new building within the territory of the Laprake QUSU. 2) As a second option shall be the construction of a new building within the territory of the Prison Hospital. 3) As a third and last option shall be the adaptation of the current Penitentiary Institution in Kruj (IEVP).

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

2.6

Analysing and identifying the concrete measures to be taken on basis of the technical document on the need for increasing the number of specialist of the Probation Service proposed by the Twinning project with the purpose of strengthening the capacity of the Probation Service to manage an increasing workload (budget and

June 2012

Deliverable identified jointly in the consultative meeting with the EU Commission services on 6 March 2012.

There have been opened 4 offices in Kuks, Burrel, Vlore dhe Berat, which are functioning.

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human resources)

In total, the number of experts at the Probation Service will be 100, out of which 30 experts are expected to begin in November 2012, and 30 others during 2013. Regarding electronic monitoring already has begun the drafting process of the terms of reference and it is expected the opening of the tender procedures.

3.1

Drafting / preparation of the project act For some amendments and changes to the law no. 9749 date 04.06.2007 For State Police

September 2012

Deliverable identified jointly in the consultative meeting with the EU Commission services on 6 March 2012. The WG set up for the amendment to the law on Stet Police, has conducted a number of meetings. In these meetings have been invited and have participated regularly experts from the Ombudsmens office, civil society organizations, representative from OSCE, ICITAP. It has been a wide consultation process between the parties involved and their recommendations have been taken in to consideration. Working group during June 2012 has organized several meetings where thee have been proposed some specific articles for respecting of human rights of persons deprived of liberty in police premises, for the right of complaints of these persons as well as for access provided to the civil society for monitoring these persons in premises of police commissariats . The draft law will be ready by the end of July and during August will be sent for the opinion of other institutions. It is expected that in September will be send for approval in the Council of Ministers and to the parliament for final adoption.

3.2

Drafting of an administrative act by the general Director of the State Police regarding the definition, approval and putting into function of the Register for identification and treatment of requirements complains of the detained /arrested persons in the police units, of the rules and standard procedures for starting, filling and

April 2012

Deliverable identified jointly in the consultative meeting with the EU Commission services on 6 March 2012. Pursuant to implementation of CPT and Ombudsman recommendations, there has started the work for drafting, adoption and put in use of the Register for identifications of requests/complaints of persons deprived of liberty in police

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administrating it.

premises. We, previously, drafted a project model of the register which was sent for acquaintance and providing thoughts to police departments, Ombudsman, AHC, ACTTR and European Institution of Tirana. In order to discuss regarding this project, we have organized two meetings for the abovementioned subjects and finally it was agreed for the type/model of the register and sections it will be will composed by. It is in process the work for finalization of this register of complaints/requests, of the procedures for operation and administration of it, as well as rules and procedures for treatment and salvation of requests/complaints. This project will finish within July 2012 and after that it will be put in practice. Pursuant to implementation of the recommendations of Ombudsman, there was thought and produced the New Model of the Register for identification of data for accompanied persons, which was adopted and put into practice by order nr.158, date 12.04.2012 of the General Director of State Police.

3.5

Drafting of projects and preventives for the installation of camera systems for the surveillance/control of the interrogation rooms for the arrested/detained persons in the security rooms, as well as in the detention rooms of the Police Commissariat of Gjirokastr, Fier, Lezh, Kuks, Kor, Kavaj and Commissariat no. 5 in Tirana

April June 2012

Deliverable identified jointly in the consultative meeting with the EU Commission services on 6 March 2012. For improvement of infrastructure and conditions of premises where there are being kept the arrested/ detained persons : There has been completed the fund release from State Budget for realization of the reconstruction and establishment of appropriated premises for keep and treatment of arrested/ detained and accompanied persons in Tirana Regional Police Directorate and Duress Police Commissariat. This process is at the phase of tendering and the construction work is expected to start as soon as the tender procedures finish.

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IT structures have drafted the respecting projects for installation of surveillance and security cameras for the security premises and those for accompanied persons in Regional Police Directorates Tirana, Durres and Lezha. It is still in process the drafting of projects for installation of surveillance and security cameras for the security premises and those for accompanied persons in Police Commissariats of Fier, Kor, Gjirokastr, Kuks, Kavaj and Tirana Police Commissariat Nr. 5. It is in process the work for preparation of projects and technical specifications for reconstruction and construction of appropriate premises for arrested/detained and accompanied persons in Police Commissariats of Vlora and Diber, according to the specifications done in point 3 of the article 103 of the Law For State Police and norms of CPT. Funds for reconstruction/construction of these premises will be released by the State Budget of 2013, according to PBA. Vlora Regional Police Directorate has realized the procedures for securing the private donations for carrying out the work load of partial improvement of the current premises for accompanied persons like plastering, paintings and extension of space for a natural lightening and ventilation process, establishment of means for being able to take hot water shower, creation of extra premises for keeping females, conditions for carrying out medical visits, etc. We are cooperation with the General Directorate of Prisons that in the meantime, when these constrictions will take place, the arrested/detained and accompanied persons be accommodated in the premises of pre-detention rooms, accountable to General Directorate of Prisons. Elbasan Regional Police Directorate has taken some measures to improve the conditions of the premises for accompanied persons in Police Commissariats of Elbasan Librazhd and Peqin, such as: establishmentn of wooden doors, establishment of chairs and other means for being seated, establishment of working tables, extension of space for a natural lightening and ventilation process, est6ablishment of sleeping beds and putting in function the hot shower premise in the Elbasan Police Commissariat. Pursuant to implementation of Ombudsman recommendations related to the lack of necessary conditions for staying and treatment of arrested/detained persons, by Order 239, date 28.05.2012 of the

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General Director of State Police, there have been taken out of function the premises of Police Commissaries of Durrs, Librazhd, Pogradec, Vlor, Sarand, Delvin, Tropoj, Has and Skrapar. Pursuant to implementation of the Ombudsman Special Report (send by document nr. 124, date 23.04.2012) there has been done the identification of each Regional Police Directorate and Police Commissariats findings and recommendations done by this institution during 2011 2012, by drafting special Working Programs for each police unite with duties and time frames (final time frame is the end of September 2012), for elimination of shortcomings identified when implementing the recommendation of the Ombudsman.

Aiming at intensification of measures taken and tasks to be done for fulfillment of obligations deriving from Recommendation 12, the GDSP have taken the following measures: On 17.05.2012, in GDSP, there were call to report Regional Police Directors and Chiefs of Security and Public Order Sectors in those Directorates. In this meeting, they were made present the identified shortcomings, recommendations of Ombudsman, the situation regarding the treatment and the respect of human rights of arrested/detained and accompanied persons, and they were told about their solutions and posed time frames for their implementations. On 27 and 28.06.2012, in GDSP. There were held meetings with Chiefs of Police Commissariats and chiefs of sections of general patrolling and public order of these commissariats, where the Department of Security and Public Order stressed once more the importance of implementation in right time of all tasks deriving from recommendation 12 of the EC, monitoring of all police activities of the police effectives regarding respect and guaranty of the rights of accompanied and arrested/detained persons, taking disciplinary measures for those who abuse with these rights, etc, as well as they were given further billboards and posters where there were shown the rights of the arrested/detained and accompanied persons to be stamped in the premises of the regional Police Directorates and Police Commiserated.

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GDSP has prepared a draft cooperation agreement between Ministry of Interior and Ministry of Justice For improvement of treatment and respect of rights of arrested/detained persons in State Police premises. According to this project agreement, the arrested/detained persons of some police commissariats (police commissariats who have improper premises, as well as those where construction work is being carried out), will be temporary accommodated in the premises of the General Directorate of Prisons predetention premises. 3.13 Accomplishment of inspections to check out the observation of the legitimate rights for minors during the detention, interrogation, arrest/detention and April - June 2012 During April May 2012, central structures of State Police have carried out 30 inspections toward local structures to control and identify the treatment and respecting of human rights of accompanied persons and those arrested / detained in police commissariats of Durrs, Peqin ,Shijak, Librazhd, Elbasan, Kor, Pogradec, Devoll, Lezh, Mirdit, Shkodr, M. Madhe, Kuks, Tropoj, Tirana Police Commissariats nr.1, 2, 3, 4, 5, 6 and Kavaja, as well as in Gjirokastr, Fier, Lushnj, Mallakastr, etc. There have been planned other inspections for July September 2012 period of time in Police Commissariats of Kruj, Dibr, Mat, Bulqiz, Lushnj, Vlor and Sarand. For 2011, due to not mach with the legal obligations for respecting and guarantying of human rights of this category of persons, there have been disciplinary punished 24 police employees, in capacity of head of sectors and heads of security and public order sections in Police Commissariats, of which, 16 police employees with disciplinary measure of warning and 8 of them with disciplinary measure of advice. After carried out inspections, there have been drafted the inspection acts with measures and tasks that should be done by Police Directorates and Commissariats in order to eliminate the shortcomings and they have been

treatment in the escorting and detention premises. The inspection shall be carried out with the police stations of Kavaj, Kruja, Pogradec, Lushnj and Durrs.

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warned to improve the conditions regarding the treatment and respect of human rights of arrested/ detained and accompanied persons. 3.27 Carrying out of the joint meeting with all NGO which deals with human rights protection of those persons who have been deprived of their liberties. Those NGOs which are interested to carry out visit and extraordinary inspections to observe and verify treatment conditions of arrested/detained persons and the respect of their rights, on the sign of a Joint Memorandum of Cooperation. Realization of two meetings between senior offices of State Police and Ombudsman, for findings out and establishment of cooperation bridges in order to realize and implement in time the recommendations of Ombudsman, establishment of a contact point and coordinator for problems faced during the inspections of Ombudsman, realization of joint inspections in police local structures, etc. On 25.04.2012 there was realized a joint meeting between senior police officials and representatives from NGO-s which protect the human rights, in odder to increase the level of cooperation and providing full access to them to inspect and carry out visits in police premises to monitor and control the respect of human rights of persons deprived of liberty in those premises. In this meeting, there took part the Director of the Unite for Prevention from Torture and Trauma near Ombudsman. This meeting decides to draft and adopt a Memorandum of Understanding. European Institute of Tirana and AHC have agreed to assign with State Police a Cooperation Agreement in order to provide full access to those organisms of civil society for carrying out visits and inspections in all local police units for accomplishing their mission of human rights protects. After presentation and elaboration of project agreements with NGO-s, they will be signed and adopted within August 2012. April 2012 A special importance has been paid to increase of cooperation with state law enforcement institutions, Ombudsman, and NGO-s, which protect the human rights by drafting and singing cooperation agreements like.

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Currently, between State Police and others, there have been signed and implemented the following cooperation agreements: Cooperation Agreement with Albanian Centre for Trauma and Torture Rehabilitatuion Nr. 370 and Nr. 01 prot, Date 23.01.2012 For prevention of torture, maltreatments and increase of human rights respect and rights of persons deprived of liberty in State Police premises. Cooperation Agreement between GDSP and Commissioner for Protection against Discrimination nr. 469/2, date 17.01.2012 and nr. 23, date 16.01.2012. In May 2012, there have been equipped with authorizations to carry out visits and inspections in Directorat6es and Police Commissariats premises for respecting of rights of arrested/detained and accompanied persons for a time frame of 15.05 30.12.2012, 45 representatives of AHC, 12 representatives of Albanian Centre for Torture and Trauma Protection.

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