(iv)
The absence of convictions in cases of torture under article 86 of the
Criminal Code, and the limited number of convictions of torture with serious
consequences under article 87 of the Criminal Code, all of which may
indicate that there is a lack of awareness on the part of victims of their rights
and that there is a lack of confidence in the police and judicial authorities;
(d)
About the difficulties encountered by victims of torture and ill-treatment in filing
a formal complaint with public authorities, obtaining medical evidence in support of their
allegations and presenting that evidence;
(e)
(f)
torture;
About allegations of lack of independence of the judiciary;
That there is no universal jurisdiction of the Albanian courts in cases involving
(g)
That there is no clear legal provision prohibiting the use as evidence of any
statement obtained under torture as well as no clear legal provision stating that an order from a
superior may not be invoked as justification of torture;
(h)
At the failure to ensure fair and adequate compensation, including rehabilitation,
for all victims of torture, including ex-political convicted and persecuted persons;
(i)
At the lack of implementation of the fundamental legal safeguards for persons
detained by the police, including guaranteeing the right to inform a relative, access to a lawyer
and a doctor of their own choice, the provision of information about their rights and, for
juveniles, the presence of their legal guardians during interrogation;
(j)
At the poor conditions of detention and long pre-trial detention periods of up to
three years;
(k)
At the existence of an additional 10-hour administrative detention period for
interrogation before the maximum 48-hour period within which a detainee must be brought
before a judge begins;
(l)
About the lack of regular and unannounced visits to police stations by the Office
of the Ombudsman;
(m)
About the lack of systematic medical examination of detainees within 24 hours of
their admission to prison, the poor medical care in detention facilities, and the lack of training for
medical personnel and prison medical personnel, not under the authority of the Ministry of
Public Health;
(n)
About the legal possibility of refoulement of persons without any legal procedures
in cases affecting public order or national security;
(o)
At the reported prevalence of violence against women and girls, including sexual
and domestic violence, and the reluctance on the part of the authorities to, inter alia, adopt
legislative and other measures to counter this phenomenon.
37
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