3.7 Extent of respect for the rights of persona at Border Police Directorate and Commissariats
and Subordinate Stations6
The Ombudsman, in the role of the National Preventive Mechanism against Torture, pursuant to
Article 19/1 of the Law No. 8454, dated 04.02.1999, “On the Ombudsman”, as amended, and in
close cooperation with the United Nations Agency for Refugees in Tirana (UNHCR), during
2015 monitored several border crossing/stop points, which are considered as those with the most
frequent movements of illegal foreigners in Albania. From the inspections, it was observed:
Their capacity in space and in financial and human resources is insufficient, not only for
cases of massive flows, but also for cases of gradual increase of the number of asylum
seekers or illegal migrants in a short time.
In addition, from the inspections at border crossing points, as well as in potential
territories – reception or assistance camps for transit passing of migrants, also confirmed
by Border Police resources, it was observed that there are many challenges which should
be overcome – in an emergency framework as well, so that they are perceived as
functional centers not only for the registration and rather short-term assistance towards
persons in need, but also as residential centers which shall enable a longer stay of persons
in need for international protection in them.
Problems were observed in insufficient material bases and in the lack of translation
services. Teams should be present during the selection procedure of illegal foreigners in
the border or at the regional border directorates so that it is provided the opportunity that
each foreigner who is found illegally in the Albanian territory, clearly understand his own
rights and clearly express if he is demanding asylum in the Republic of Albania.
Futhermore, it was observed that persons who were given an expulsion order to be
executed by them voluntarily, did not have available the minimal term stipulated by law
for this purpose, but were obliged to leave the territory where they had entered into
escorted and illegaly.
7. Recommendations delivered on the basis of Inspections conducted during 2015
At the Institutions for the Execution of Criminal Decisions
Vaqarr I.E.C.D. - Dated 24.02.2015
The monitoring visit of NPM at this institution was held in a very good cooperation spirit.
The Directorate of the Institution enabled the experts to perform an internal and external
inspection at the Institution, within the rules and without difficulty at all the persons and
6
On NPM inspections at Border Crossing Points, 2 recommendations were drafted.
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