almanac on security sector oversight in the Western Balkans

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4.4.2. Supreme State Audit Institution The constitution also established the Supreme State Audit Institution (SSAI) with an oversight role for economic and financial matters (Constitution of Albania, Art.162). The law on SSAI does not specifically refer to security institutions, but no institution is excluded from its jurisdiction (Law on State Supreme Audit Institution, 1997). In order to ensure protection of classified information, the law stipulates clear provisions that activities of control are exercised by personnel who have been vetted and cleared with Personnel Security Clearances. In the first years, this institution was perceived as highly politicised. Since 2004, when political parties agreed to appoint a candidate of the opposition as chairman of the SSAI, the SSAI has become more and more professional and considered impartial. The increased trust of government in this independent institution can be seen by the implementation of SSAI recommendations issued each year on the report. 20 One of the limitations of these reports is that they do not dedicate a separate section on financial irregularities in the security sector that accounts for its peculiarities. Although the SSAI has the right to access all budget lines it does not access the so called ‘black budget’ of security institutions. Therefore the financial oversight of the Ministry of Defence on procurements which are considered state secrets is more complicated. One problem facing the SSAI is personnel shortages. Staff have been reduced from one hundred sixty in 2009 to one hundred fifty-four in 2010. Quality and expertise has not been an issue. The main concerns are not only the insufficient number of personnel, but improvement of the institution’s human resources and management systems (SSAI Strategic Development Plan). 26 4.5. Judicial control and oversight The military justice system is essential for ensuring that the Armed Forces abide by rule of law principles. Until recently, military justice was performed by military courts. Military first-instance and appellate courts were in the regular system. These courts tried members of the Armed Forces, prisoners of war, etc. for crimes under the Military Criminal Code. With the 2008 reform (Law on the Organisation of Judicial Power, 2008) regulating courts, military courts were abolished and Albania has adopted a system with military personnel tried by civilian courts. As elsewhere in the judiciary, political pressure and corruption have undermined effectiveness and justice, even in cases involving the military. 20 The Chairman of the SSAI reports twice a year to the parliament on issues such as budget execution and violations of laws.
Box 1: The Gerdec case Albania The most prominent example of alleged political pressure on the judiciary is the protracted Gerdec case, in which after three years, the court has finally issued a verdict. The March 2008 Gerdec explosion of the military depot caused the death of twenty-six civilians. The case involved military and civilian personnel including the Minister of Defence, the Chief of the General Staff of the Armed Forces and other representatives of the army. The process might take much longer until the case passes through all appeals. Even the OSCE representative in Albania (Gazeta Panorama, 2011) emphasised the Gerdec case was not conducted in accordance with fair trial principles. 5 . Control and oversight of police This section focuses on the oversight of the Albanian State Police by examining the role of the oversight institutions such as the Executive, the Parliament as well the independent oversight bodies. 5.1. Background In the last twenty years, the Albanian police have been subject to reforms focused on consolidation of democratic values and accountability. The 2007-2013 Police Strategy established foundations for community policing in Albania (Ministry of Interior, n.d.) and reorganised police structures based on the community policing model, addressing the past gap between police and the public. Transparency and accountability were key features of this reform. The legal framework, institutional capacities and transparency mechanisms related to oversight of police have seen steady progress. The implementation of the legal framework, however, related to oversight of police activity is problematic and lacking concrete results. In the general structure of the police oversight bodies, the governmental bodies and the parliament are the key actors of control of this important institution. 5.2. Executive control and oversight Executive control of the police is conducted by the CoM and the Albanian Minister of Interior. The CoM appoints the director of the state police upon the proposal of the minister. Considering that the CoM exercises direct competences over the police, it is unsurprising that there have been no disputes between the police and other government bodies. Although the Minister of Interior does not enjoy operational competences over police activity, he is responsible for defining reforms, policies, strategies, orders and performance of the police (Law on the State Police, 2007). 27 Almanac on Security Sector Oversight in the Western Balkans
Page 1 and 2: Serbia Almanac on Security Sector O
Page 4 and 5: Publishers: the Belgrade Centre for
Page 6 and 7: Acknowledgements This alman
Page 8 and 9: Introduction While official coopera
Page 10 and 11: the purpose of this study, accounta
Page 12 and 13: Different authors chose to present
Page 15 and 16: Chapter 1 - Albania Authors: Arjan
Page 17 and 18: 1 . Introduction Albania This chapt
Page 19 and 20: Albania cotts them. Opposition ofte
Page 21 and 22: Table 2: Permanent committees with
Page 23 and 24: Albania The president is also the h
Page 25: Albania trust the expertise of the
Page 29 and 30: Albania Executive financial control
Page 31 and 32: Albania resources of the People´s
Page 33 and 34: Albania become a common trend (Free
Page 35 and 36: Albania intelligence, while the Nat
Page 37 and 38: Albania these units are not always
Page 39 and 40: Albania Trust has increased in the
Page 41 and 42: Albania • The executive and parli
Page 43 and 44: Albania 26. Minutes from the discus
Page 45: Albania 11. OECD. SIGMA, Support fo
Page 48 and 49: Abbreviations and acronyms BiH Bosn
Page 50 and 51: that with its assistance, in the fo
Page 52 and 53: fourteen police agencies in Bosnia
Page 54 and 55: An institution that best exemplifie
Page 56 and 57: Several different agencies share co
Page 58 and 59: this research, these departments ad
Page 60 and 61: the respect for human rights in the
Page 62 and 63: significantly improved since 2008,
Page 64 and 65: 2006, Bosnia and Herzegovina signed
Page 66 and 67: 5 . Recommendations The proposed la
Page 68 and 69: Bibliography 68 Primary sources 1.
Page 70: 8. www.sipa.gov.ba - state Investig
Page 74 and 75: Abbreviations and acronyms BiH Bosn
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1 . Introduction This chapter will
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new dynamics to both, internal and
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social groups and institutions as a
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Figure 1 International organization
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higher standards of operations of s
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There are numerous ways in which pa
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norms result from overzealous attem
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esources is a fact of life in all t
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5.1.2. Lessons learned from impleme
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Social Democratic government marked
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Reform deteriorated in the next per
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Bibliography 53 1. Anderson, Peter
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38. Zakon o prekršajima, Narodne n
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Abbreviations and acronyms ACA Koso
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1 . Introduction The security secto
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The international military presence
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Figure 1: Organisation of the Secur
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Figure 2: Mapping of the Security S
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According to the new Law on the Pol
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Hearings for budgetary proposals ar
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Court decisions for criminal cases
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human rights by the Kosovo Assembly
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Both the OAG and the ACA submit the
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context, therefore, is a crucial in
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Bibliography 126 Legislation 1. Con
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Chapter 5 - Macedonia Author: Andre
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1 . Introduction Macedonia Macedoni
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Macedonia through assistance to and
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Macedonia Oversight institutions ha
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Macedonia Thirdly, the Committee on
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Macedonia Even though the SAO issue
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4.1. Parliament Macedonia The polic
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Macedonia SICPS is unprofessional a
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4.5. Constitutional Court Macedonia
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Macedonia Members of the Committee
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Macedonia person under surveillance
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Macedonia should be expanded by con
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Macedonia 14. Закон за ра
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Macedonia 32. State Audit Office (2
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Chapter 6 - Montenegro Authors: Raj
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1 . Introduction Montenegro The aim
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Montenegro The process of security
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Montenegro Finally, the National Se
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Montenegro CSD only needs the agree
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Montenegro bers representing differ
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Montenegro only after the Agency fo
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3.5. Financial oversight and contro
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Montenegro make additional efforts
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Bibliography Legislation Montenegro
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Montenegro 13. Ministry of Internal
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Abbreviations and acronyms CCD Code
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herent. The reason for this was a l
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ance and respect for human rights a
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security institutions during one wo
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meetings, regular exchange of infor
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maltreatment in custody it is impos
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expressed in relation to the role o
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have acted as intermediaries of the
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and the third, budgetary inspection
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obliged to send quarterly reports o
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The aforementioned problems could b
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6.1.3. Judiciary • Courts should
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Bibliography 206 Primary sources 1.
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208 Secondary sources 1. Belgrade C
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210
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Abbreviations and acronyms ARS Army
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ise data from previous analyses 186
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states and in the region (Hadžić,
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The formative phase was crucial for
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similarities between the processes
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adical SSR, but also the main threa
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The emergence of new actors permane
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control and oversee the work of exe
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MPs in the work of several committe
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Table 3: New legal framework Laws A
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Table 4 - part 2: Political and Str
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Table 7: Independent State Institut
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14. Miroslav Hadžić, Milorad Timo
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SSR Index - Measuring to Advance De
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1 . Introduction SSR Index - Measur
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Box 1: Where is this framework appl
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• Frequency: frequent/occasional/
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Annex I: Grading System for SSR GRA
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GRADE 5 Focus is on adopted values
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Grades Grades for Parliamentary Con
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Albania Grades Table: Measuring Thr
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Albania Bosnia and Herzegovina tran
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Bosnia and Herzegovina reveals defi
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Bosnia and Herzegovina Croatia esta
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Croatia Grades GENERAL TRANSPARENCY
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Croatia contribute to the planning
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Kosovo Grades GENERAL TRANSPARENCY
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Kosovo Macedonia Procurement transp
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Macedonia Grades GENERAL TRANSPAREN
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Macedonia The state budget is based
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Montenegro Recommendations: • The
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Montenegro of Public Procurement, t
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Serbia ties of the DSC’s work, cl
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Serbia of the actors’ organizatio
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Research Consortium Partners ANALYT
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