CAT/C/ALB/CO/2
number of torture and ill-treatment during pretrial detention, the length of detention up to
three years, as well as reports of court decision imposing pretrial detention often without
justification. Furthermore, the Committee is also concerned at reports that persons who have
been detained for long periods and whose rights have not been respected during pretrial
detention face often difficulties in access to justice and seeking redress (arts. 2, 11 and 14).
The Committee urges the State party to:
(a)
Amend the relevant criminal legislation with a view to imposing pretrial
detention as a measure of last resort , in particular when the seriousness of the crime
would make any other measure clearly inadequate;
(b)
Devise alternative measures to pretrial detention and ensure their
effective application by the judiciary;
(c)
Adopt all necessary measures to reduce duration pretrial detention and
the imposition thereof, and take into account the provisions of the United Nations
Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules) when
devising the measures alternative to preventive detention;
(d)
Ensure adequate training for law enforcement and other personnel on
the use of pretrial detention;
(e)
Immediately investigate all acts of torture and ill-treatment in pretrial
detention and provide their victims with access to justice and means of redress.
Administrative detention
17.
The Committee remains concerned at the continued application of the 10-hour
administrative detention period for interrogation prior to the 48-hour period within which a
suspect must be brought before a judge (arts. 2 and 16).
The Committee recommends that the State party abandon the current 10-hour
administrative detention period for interrogation and ensure that the objectives of
identification of suspects are met within the 48-hour period during which a suspect
must be brought before a judge.
Non-refoulement
18.
The Committee notes with concern the lack of information with regard to grounds
for expulsion and means of protection of individuals, considered as a security threat, in
accordance with article 3 of the Convention (art. 3).
The Committee recommends that the State party strictly observe in all cases article 3
of the Convention requiring that the State party shall not expel, return or extradite a
person to another State where there are substantial grounds for believing that the
person would be in danger of being subjected to torture.
Diplomatic assurances
19.
While noting the update on the situation, status and documentation of nine former
Guantánamo inmates and their children, received by Albania, the Committee notes with
concern the absence of information about the criteria for requesting and granting diplomatic
assurances, including an indication if such assurances could serve to modify a conclusion of
a risk of torture upon return to the country of origin. (art. 3).
The Committee recommends that the State party refrain from seeking and accepting
diplomatic assurances, both in the context of extradition and deportation, from the
State where there are substantial grounds for believing that a person would be at risk
of torture or ill-treatment upon return to the State concerned, and desist from
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