almanac on security sector oversight in the Western Balkans

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Despite providing a thorough institutional framework, the performance of these committees is questionable since no information exists as to whether these three committees have tried to coordinate to better address human rights protection and monitor financial procedures. 30 5.4. Independent oversight institutions Independent oversight bodies are mainly involved in control and oversight of laws guaranteeing fundamental rights and freedoms and controlling budgetary spending and procurement by police. This activity is conducted by the People’s Advocate (PsA) while budgetary oversight is conducted by the Albanian High State Control. Another important independent oversight body of the police is the Data Protection Commissioner, who controls processing of personal data from police structures. Although still lacking necessary resources, this commissioner has signed agreements to cooperate with the general directorate of the police and has drafted guidelines and regulations on the protection of personal data by the police (Dyrmishi, 2011). As opposed to other security sector institutions, legislation on the police provides provisions on human rights protection. The People’s Advocate has been very important in controlling and monitoring implementation of the law related to human rights violations. Despite the People’s Advocate not enjoying decision-making powers related to police activity, he/she can transfer relevant information to parliament, the Albanian Ministry of Justice or the general prosecutor for further investigation and remedy. For this purpose, the People’s Advocate established the Unit on Torture Prevention in 2008, which exclusively deals with allegations of violations from law enforcement officials. In the last six years, complaints submitted to the People’s Advocate have increased, suggesting the consolidation of capacities and expertise of this institution dealing with human rights breaches by police. Although most complaints were considered admissible, only, a few resulted in disciplinary measures. In addition, a large number of complaints were not processed due to insufficient resources. Cuts in annual budgets appointed by the Ministry of Finances have reduced the resources of this important institution (Nushi, 2010). Comparing the activity of the People’s Advocate with activity of the SICMI we can identify a gap in complaints submitted and breaches identified. As shown in the graph below (Graph 1), the oversight role of the PsA regarding violations of police officials has been strengthened, while the SICMI has reported a steady decrease in the number of complaints received for violations of law. Due to the crucial role played by the People’s Advocate regarding human rights violations by police and other executive bodies during recent years, conflicts between government and the People’s Advocate have occurred, which might have weakened this institution. Some government actions such as reduction of the budget and human
Albania resources of the People´s Advocate as well as delays in appointing its head 24 have had negative effects. 350 250 150 50 0 2006 2007 2008 2009 2010 People’s Advocate SCMI Graph 1: Comparing cases reported by the People´s Advocate (PsA) and the SICMI on alleged police violations, 2006-2010 A fundamental role of independent financial oversight is played by the State Supreme Audit Institution (SSAI) which is an independent institution established by the constitution to control spending of public funds. The SSAI releases an annual report detailing issues and potential abuses. Despite breaches and problems related to police spending each year, no actions have been taken to punish or prevent future misuse of resources. Concerning the relationship between the executive branch and independent oversight bodies, support of the executive leans towards institutions it controls and which are likely to produce immediate political benefits for the government. The government is less willing to support institutions independent from the executive which they feel have negatively affected their work. 5.5. Judicial control and oversight The principle of independence of the judiciary and equality before the law is enshrined in the constitution and reflected in the legal framework. Access to justice has been improved by the Law on Legal Aid (2008) which provides free assistance in civil, criminal, and administrative proceedings to different categories of persons. In reality, there are obstacles to the full independence of judges (European Commission, 2010). The police are fully under the jurisdiction of the courts and cases involving police are brought before courts, with no exceptions. Based on the Code of Penal Procedures, every citizen can file a legal charge, supported by a legal representative granted by the state, claiming a breach of civil rights by security sector structures or individuals. 24 Since 2009, a new People’s Advocate has not been appointed. 31 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 and 26: Albania trust the expertise of the
Page 27 and 28: Box 1: The Gerdec case Albania The
Page 29: Albania Executive financial control
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
Page 76 and 77: 1 . Introduction This chapter will
Page 78 and 79: new dynamics to both, internal and
Page 80 and 81:
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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