almanac on security sector oversight in the Western Balkans

Due to lack of concise information of the court proceedings related to police officers,
it is difficult to assess the current situation. Referring to other sources, however,
different shortcomings are revealed. In 2009, out of two hundred seventy-three disciplinary
breaches of police officers, twenty-one were sent for criminal proceedings
while forty-one officers were dismissed from police ranks. However, an increase in the
number of complaints to the People’s Advocate related to police activity has not been
reflected in the number of disciplinary measures and punishments by courts, which
reveals a problematic remedy system regarding judicial oversight of the exercise of
law enforcement.
Another indicator revealing limitations in judicial oversight of the police are results
from the Albanian Service of Internal Control (SICMI). The number of officers, charged
with arbitrary acts is high, while the number punished is low. This suggests the courts
have difficulties in punishing such cases. Furthermore, the court infrastructure remains
inadequate. This is reflected in the performance of courts processing human rights
cases related to alleged human rights violations by the security sector officials. Political
pressure, intimidation, widespread corruption, and limited resources have prevented
the judiciary from functioning independently and efficiently. In addition, enforcement
of court decisions is weak, in particular in cases where state institutions are defendants
(Ibid.).
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5.6. Public oversight
Generally, public oversight of police has improved recently thanks to new mechanisms
to increase transparency of public institutions. In 1999, Albania adopted the key Law
on the Right to Information on Official Documents, which was designed to increase
public oversight of state institutions. Major inconsistencies, however, can be identified,
starting with incomplete legal provisions to poor application and implementation
process. Concerning the police, there are no provisions of transparency in its organic
law or regulations. Referring to the Law on the Right to Information on Official
Documents, however, the state police have established functional information offices
in charge of publishing or providing information on demand, to the public and interested
actors. Despite established mechanisms and procedures to increase transparency
practices and values, the implementation and institutional practices are not properly
functional.
On the other hand, public oversight of police by civil society organisations remains insignificant.
Contributions of civil society to consultations, policy making, decision making
and oversight of the state police are limited. Mostly activity of non-governmental
organisations is restricted to monitoring of the activity of state police. In this regard,
there is a gap between the activity of public institutions and civil society.
Regarding media scrutiny of the state police, two problems can be identified: first the
control of the media by the government and business groups, and second, the media’s
lack of competence and expertise to administer and deal with security issues (Arbana,
2003). Furthermore, lawsuits against journalists for voicing legitimate criticism have