CAT/C/ALB/CO/2
returning a person to the country of origin where there is a risk of torture or illtreatment.
Access to complaint mechanisms
20.
The Committee is concerned about the information that alleged victims of illtreatment by the police are not aware of complaint procedures beyond reporting their
complaints to the police, who in some cases refused to accept allegations of misconduct by
the police. The Committee is further concerned at reported cases of ill-treatment of persons
in a vulnerable situation who have declined to file a complaint against the police out of fear
of counter-complaints by the police or other forms of reprisals (arts. 12, 13 and 16).
The Committee recommends that the State party take appropriate measures to ensure
that:
(a)
Information about the possibility and procedure for filing a complaint
against the police is made available and widely publicized, including by being
prominently displayed in all police stations of the State party;
(b)
All allegations of misconduct by the police are duly assessed and
investigated, including cases of intimidation or reprisals in particular against persons
in vulnerable situation as a consequence of the complaints of ill-treatment by the
police.
Prompt, independent and thorough investigations
21.
The Committee is concerned at the prevalence of limited data on the investigation of
torture and ill-treatment and unlawful use of force by the police. The Committee is
particularly concerned at the lack of effective investigation of torture and ill-treatment due
to the involvement of the Ministry of Interior Affairs in investigation of alleged violations
by its subsidiary units, in contravention of a principle of impartiality. The Committee is
also concerned about the absence of information whether the investigations into the fatal
shooting of three demonstrators by the police during anti-government protests in Tirana in
January 2011 have been carried out promptly, independently and thoroughly. The
Committee thus reiterates its concern at the absence of independent and effective
investigations into the allegations of torture and ill-treatment by law enforcement officials
and lack of accountability of the perpetrators. The Committee is further concerned about
the lack of investigation into the reported incidents of ill-treatment of children in social care
settings (arts. 12, 13 and 16).
The Committee recommends that the State party:
(a)
Take all appropriate measures to ensure that all allegations of torture
and ill-treatment by the police are investigated promptly and thoroughly by
independent bodies, with no institutional or hierarchical connection between the
investigators and the alleged perpetrators among the police, and prosecute those
responsible and take all measures to ensure that impunity does not prevail, as
recommended in the context of the universal periodic review of Albania;
(b)
Provide the Committee as a matter of priority with information on the
investigations into the fatal shooting of three demonstrators by the police during antigovernment protests in Tirana in January 2011, to be carried out promptly,
independently and thoroughly;
(c)
Compile accurate data on the investigation of torture and ill-treatment
and unlawful use of force by the police and update the Committee thereon;
(d)
Ensure effective investigation into the reported incidents of ill-treatment
of children in social care settings.
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