The Republic of Albania is a parliamentary democracy. The constitution vests legislative authority in the unicameral parliament (the Assembly), which elects both the prime minister and the president. The prime minister heads the government, while the president has limited executive power. On April 25, the country held parliamentary elections. The Organization for Security and Cooperation in Europe found that the elections were generally well organized, voters had a choice of candidates who were able to campaign freely, and the Central Election Commission adequately managed its obligations. The Organization for Security and Cooperation in Europe report, however, highlighted several deficiencies, including vote buying, leaking of sensitive personal data, and significant advantage gained by the ruling party due to incumbency.
The Ministry of Interior oversees the Guard of the Republic and the State Police, which includes the Border and Migration Police. The State Police are primarily responsible for internal security. The Guard of the Republic protects senior state officials, foreign dignitaries, and certain state properties. The Ministry of Defense oversees the armed forces. The State Intelligence Service is responsible to the prime minister, gathers information, and carries out foreign intelligence and counterintelligence activities. Civilian authorities maintained effective control over the security forces. There were some allegations of abuses by members of the security forces.
Significant human rights issues included: problems with the independence of the judiciary as it continued to undergo vetting; restrictions on free expression and the press; and pervasive corruption in all branches of government and municipal institutions.
Impunity remained a problem, although the Specialized Anticorruption Body and anticorruption courts made significant progress during the year in investigating, prosecuting, and convicting senior officials and organized criminals.
Section 1. Respect for the Integrity of the Person
d. Arbitrary Arrest or Detention
The law and constitution prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these prohibitions.
Arrest Procedures and Treatment of Detainees
The law requires that, except for arrests made during the commission of a crime, police arrest a suspect on criminal grounds with a warrant issued by a judge and based on sufficient evidence. There were no reports of secret arrests. The law provides that police must immediately inform a prosecutor of an arrest. The prosecutor may release the suspect or petition the court within 48 hours to hold the individual further. A court must also decide within 48 hours whether to place a suspect in detention, require bail, prohibit travel, or require the defendant to report regularly to police.
By law and based on a prosecutor’s request, the court has 72 hours to review pretrial detention status of a court-ordered arrest. Police may detain rather than formally arrest a suspect for a period not exceeding 10 hours. The ombudsman and the AHC found several procedural irregularities with the detention of individuals for longer than 10 hours, mainly following the December 2020 protests.
The constitution requires authorities to inform detainees immediately of their rights and the charges against them. The law provides for bail, and a system was operational; police frequently released detainees without bail, on the condition that they report regularly to the police station. Courts also often ordered suspects to report to police or prosecutors on a weekly basis. While the law gives detainees the right to prompt access to an attorney, at public expense if necessary, the ombudsman reported instances of interrogations taking place without the presence of legal counsel. The AHC and the ombudsman expressed concerns regarding the absence of family members during medical examinations and the absence of legal counsel and a psychologist during preliminary investigation processes involving minors.
Arbitrary Arrest: The constitution and law prohibit arbitrary arrest and detention. The government generally observed these prohibitions.
Pretrial Detention: While the law requires completion of most pretrial investigations within three months, a prosecutor may extend this period. The law provides that pretrial detention should not exceed three years. Extended pretrial detention often occurred due to delayed investigations, defense mistakes, or the intentional failure of defense counsel to appear. The law authorizes judges to hold offending attorneys in contempt of court. Limited material resources, lack of space, poor court-calendar management, insufficient staff (including judges who had failed vetting and had not yet been replaced), and the failure of attorneys and witnesses to appear prevented the court system from adjudicating cases in a timely fashion. As of July pretrial detainees accounted for just over 51 percent of the prison and detention center population.