The juvenile justice system in Albania remains broken, with violations of rights during interrogation and a lack of legal representation. Police stations often do not provide adequate infrastructure, while rehabilitation and reintegration programs do not function properly, leaving minors vulnerable and cut off from social support.
Authors: Vivian Mancellari and Heldis Ismailaj
"They arrested us at the hotel, beat us up, interrogated us there. They tied us to chairs, they kept asking questions... They took us in turn, they beat that roommate once, then they took me", - this is how A. GJ., currently 19 years old, who has already left the premises of the Juvenile Institution (IM) in Kavajë, begins his story.
He remembers the moment of his arrest 4 years ago, when he was only 14 years old. A. G. was sentenced to imprisonment for a stab wound.
His questioning took place in the premises of a hotel in Durrës, where he says he was a victim of violence by the police.
Although 4 years have passed since his arrest, he says that even today he does not know what he signed at the police station, but he knows that at no time during the interrogation in the hotel room did he admit the crime.
"What did they want me to write, I said, so that they could write it. I got a lawyer at the trial, but it was too late. I signed without a lawyer, without a psychologist, without anything... 14 years old, even under pressure", - says A. Gj., adding that neither he nor his friend, who was detained with him, were allowed to call their family members: "After two days, they found out about our prisoner that we are under arrest, we are in the police station."
According to A. Gj., the two minors were not in a special environment for minors at the police station. They were transferred and stayed in common facilities with adults during the court sessions.
The People's Advocate, Erinda Ballanca, says that the previous claim from the police stations was that they do not have the infrastructure for questioning under cameras and with audio, but, even though today there are specialized rooms, they are not used.
Ballanca adds that an issue, for which urgent intervention is required from the General Directorate of the State Police, is the questioning of minors in special rooms, which are in accordance with the interviewing standards.
"It is precisely this moment, when (minors) are subjected to psychological pressure, when they are interrogated by Judicial Police officers or by others and their rights are not recognized or guaranteed", says Ballanca, adding that, although there has been investment in the creation of interview rooms, they are not used, making it impossible to preserve the interviews and review everything the minor is asked to avoid pressure.
Juveniles in conflict with the law
"There is always a conflict with the police structures, as they say that we want to detect crime and for us the detection of crime and the prevention of criminal actions is more important than the implementation of human rights", says the People's Advocate , adding that there have been public cases where force was used against minors.
According to the People's Advocate, the main problem with minors occurs from the moment of arrest to the moment of entering the police station, as a result of the lack of monitoring.
Ardita Kolmarku, from the Albanian Committee of Helsinki, a monitoring organization for juvenile justice, says that there have been cases of irregular documentation of body marks by the doctor, which minors claim were inflicted by police officers from the moment of detention until their escort to the police station.
According to the Ombudsman, in 90% of cases there are no interview rooms at the police station; even when there are, they are not used.
"They (minors) continue to be interrogated in the working rooms of the police officers, which are without cameras, infringing this right or this preventive activity", she says, stressing that there are no reports from the monitoring institutions. .
Ballanca adds that the cameras are missing in the police stations, precisely in the places where they should be present, describing this as "nonsense".
In an official response, the General Directorate of the State Police says that during the last 5 years, no cases of mistreatment or violence against minors have been recorded during their escort, interview, arrest, detention or transfer.
I. M., Kavaja
During the visit ACQJ in this institution some of the minors were playing Rugby, while some others were in the computer room and in the antechamber, taking care of the birds. Outside, the minors also take care of the garden, where they cultivate vegetables during the summer.
Common areas and individual rooms are filled with paintings, which does not give the feeling of a rigid institution of isolation. What you see does not resemble a prison, but brings a picture somewhat closer to reality.
IEVP, Kavajë or, as it is otherwise known, the Institute of Juveniles, Kavajë, was opened in October 2009 and serves as a rehabilitation, counseling center and as a school for minors. The project was realized through an investment of 2.4 million euros. Minors who have committed criminal offenses are treated here.
40 people work in this institution and 80% of its staff are civilians.
What you see as a problem here is the humidity, which is clearly visible in all environments, especially in the gym. For the head of IM, Kavajë, Marinela Alia, this problem comes as a result of self-construction and from time to time they try to address the situation within the institution.
She adds that they are waiting for an answer to find a long-term solution. The lack of dedicated means of transport has also been problematic, but, according to Mrs. Alia, this problem has been solved since a year ago.
But, in this institution, the problems are not only infrastructural. Ardita Kolmarku from the Albanian Committee of Helsinki says that some procedural irregularities have been found in the communication of disciplinary measures.
"In some of the practices, we identified cases where minor citizens had not signed the notification of the disciplinary measure imposed on them. The lack of this signature directly violates the right to appeal the measure to an appeal commission, which is set up at the General Directorate of Prisons and further also at judicial instances", says Kolmarku.
On the other hand, violations in this institution were also found by the People's Advocate, where cases of the use of force beyond the conditions or beyond the measure allowed by the police were identified. Mrs. Ballanca says that the police forces have made two immediate checks, one after the other in IEVP, Kavaje. She says that there was also a case where they took one of the minors to isolation, which she considers "absolutely a violation of minors' rights".
Another problem, which the People's Advocate mentions, is the non-compliance with the Juvenile Criminal Code, which defines that individuals in the age group of 18-21 years are an intermediate age group, who should not stay with adults.
"According to the law, persons aged 18-21 should not stay in the same premises as adults, as it is considered an intermediate time, but due to the internal organization of IEVPs, such a thing is impossible" .
An improvement in the situation within the Juvenile Institution in Kavaja is also evidenced by the Ombudsman.
She says that the leaders' approach is changing.
"If the leaders in these institutions, which also have low security, are women and come from the profile of a psychologist or social worker, it is always better and they are more inclined towards rehabilitation and dealing with issues on the basis of rehabilitation than on the basis of punishment (punishment)".
What about minors in conflict with the law?
The Juvenile Institution in Kavaja with a capacity of 40 people is a structure that accommodates only boys. There is still no institute for minor girls in conflict with the law. IEVP 325, otherwise known as the women's prison in Tirana, which has already been transferred to Pogradec, it is for women and girls in conflict with the law, but is not specialized for minor girls.
Sources indicate that two years ago in IEVP 325 there were also minor girls who were in custody, but the General Directorate of Prisons says that in the last 5 years there have been no minor convicts, which contradicts with a 2022 report from the CRCA.
Agreements that do not apply
The Ministry of Justice in cooperation with the municipalities has signed several agreements to enable alternative measures for minors, rehabilitation, re-integration and follow-up by social and psychosocial workers.
Article 134 of the Criminal Code for Minors determines in its point 3 that the competent bodies for the protection of children's rights must implement the plan of integration into society and supervise the Services received by minors up to 6 months after release.
The minor must be supported after release by the competent authorities, to enable successful re-integration into society.
Marinela Alia, director of IEVP, Kavajë, during the visit to the juvenile institution, says that after each release, she personally sends the files to the administrative units.
"The part that is limping is the municipalities", which must follow the minors after release according to the recommendations.
According to the agreement, the Child Protection Unit with the case manager, attached to the Social Service Directorate, must follow the case referred by the Probation Service Institution, by the DVP, by the court, as well as by other institutions.
The agreement stipulates that the Ministry of Justice gives the task of implementing the agreements to the Probation Service and the municipalities have raised the capacities of multidisciplinary centers for handling cases of rehabilitation and re-integration.
Currently, 22 minors are serving their sentences in the IEPP, Kavajë, (17 under the age of 18 and 5 in the intermediate age group, 18-21 years); Meanwhile, 269 minors are under the supervision of the Probation Service, according to the response to the request for information addressed to the Probation Service.
This numerical difference is an indicator that we are moving towards alternative measures, but, according to Albana Izeti, program manager Access to Justice, near Terre Des Hommes, there is still much to do:
"I believe that the figures are absolutely a good indicator of how the Code of Criminal Justice is giving its effects, but I believe that there is still a lot of work to be done, especially in ensuring quality Services in time, as well as for inter-institutional cooperation to provided good reintegration of minors".
Do multidisciplinary centers work in municipalities?
To answer the question, we reviewed the agreements signed in 2018 with the municipalities of Tirana, Durrës and Korçë.
"There is no specialized program for this category, even though the community day centers continue to function, but these minors do not participate because of their age group", - says the Municipality of Korça.
The municipality of Tirana says that it has adapted 7 community centers to assist minors in conflict with the law, but, when asked about the cases that these centers have handled in the last 5 years, they say that only community centers Gonxhe Bojaxhi reported 2 cases referred by Administrative Unit number 4, who refused the Services offered.
Although the municipality officially says that there are 7 centers, in the official communication the request for the data requested by ACQJ it addresses only 4 such, which, according to the municipality's own response, are adapted for the provision of Services in accordance with the signed agreement.
"Community Center, Multidisciplinary, Community Center, Shkoza, as well as community centers Let's Stay Together have reported 0 cases of minors in conflict with the law; while the community center Gonxhe Bojaxhi has reported 2 cases referred by Administrative Unit no. 4, aged 16 and 17 respectively, to be followed up with counseling sessions, who have avoided coming to the community center, refusing to receive the Services offered", says the Municipality of Tirana.
What seems to have worked is the provision of assistance to police stations by the Child Protection Unit at the Directorate of Protection and Social Inclusion.
Data on the number of cases assisted at the police station by the Child Protection Unit at the Directorate of Protection and Social Inclusion through Child Protection Workers in 27 Administrative Units/Neighborhoods in the territory of the Municipality of Tirana:
- For 2021, 97 cases of children in conflict with the law have been assisted at the police station.
- For 2022, 105 cases of children in conflict with the law have been assisted at the police station.
- For the year 2023, 128 cases of children in conflict with the law were assisted at the police station.
- For the year 2024, 115 cases were assisted until 02.06.2024.
"The municipality of Tirana has 7 community, multidisciplinary centers, which are:
- Terrain Community Center
- Community Center Let's stay together
- Community Center Gonxhe Bojaxhi
- Community Center, Shkoza
- Community Center, Multidisciplinary
- Social Center shelters, Tirana
- Community Center for Persons with Disabilities", adds the Municipality of Tirana.
The official answer does not specify how many cases have been handled concretely for the rehabilitation of minors in conflict with the law and how many have received reintegration Services after serving their sentence.
The seven multidisciplinary centers cover different categories of groups in need, from minors and women in need, to the elderly, as well as minors in conflict with the law.
In Durrës, this service for 25 minors (5 repeaters) is provided by multifunctional centers.
"The agreement was signed between the Municipality of Durrës and the Ministry of Justice on 19/10/2018 for the implementation of alternative measures. Services are provided and monitored by the multi-functional community center Nishtulla, the Resilience Center, the community center Today for the Future and from the Protection and Social Inclusion Sector/Social Service Directorate/Durres Municipality", says the Durres Municipality.
"These centers are functional and continue their mission in the service of children (minors).
They have been successful and are currently these centers that have provided Services to these categories of minors in conflict with the law".
Altogether, in total, 25 minors in conflict with the law are registered or part of the programs, and 5 of them are recidivists.
Monitoring of minors, part of the programs, is the responsibility of the community, multifunctional center (Today for the Future), which provides Services, under the responsibility of the Child Protection Unit and the Probation Service Institution", - adds the Municipality of Durrës.
Although the agreements have been in force for several years, from the communications with the municipalities and with the dependent institutions, it seems that there is a lack of clarity and a practical dysfunction of the signed and renewed agreements.
A problem that makes it difficult for these Services to operate, according to Albana Izeti from Terre Des Hommes, is the distance of community, multifunctional centers from the residences of minors in need of service, limited capacities, as well as the fact that a social worker, according to the legal report, must cover the needs of 3.000 minors of different categories.
Different actors of the civil society accept the instability of the trainings, which are carried out for psychosocial workers, for uniformed staff or even for court prosecutors.
"...the very fact that the staff stays at work for so little time means that it does not give longevity to the application of these curricula, in which they are trained", says Anda Kruetani, project coordinator at K.Sh.H. This is also emphasized by Albana Izeti, who states that, like any other sector, the juvenile justice sector suffers from the rotation and reassignment of human resources.
Developing juvenile justice infrastructures in a society is a must.
Juveniles should be given an opportunity of rehabilitation to leave the world of crime, for a life as normal as possible, to become decent and functional citizens of society.
Although the laws exist and often Albanian institutions have signed agreements with each other, the situation on the ground is far from that described in the agreements concluded and the Services that should be offered to minors in conflict with the law.
This article is part of the Investigative Journalism Laboratory project, which is financially supported by the Public Relations Office of the US Embassy in Tirana. The opinions, findings, conclusions, and recommendations expressed are those of the author(s) and do not necessarily represent those of the Department of State.
