A/HRC/26/10
74.
The delegation of the State under review stated that judicial reform was being
continuously undertaken, with measures aimed at strengthening the independence,
impartiality and professionalism of the judiciary. Legal amendments had introduced new
conditions for the election of judges, for disciplinary procedures and for career
advancement using objective and measurable criteria. Transparency had also been increased
by requiring courts to appoint public relations officers.
75.
The delegation mentioned that the general aim of the new Law on Criminal
Procedure was to establish a functional justice system based upon European standards,
guaranteeing human rights within a simple and economical procedure with a focus on the
nature and seriousness of the offence, the status of the defendants and victims and the need
to protect society. In relation to pretrial detention, the new law required that special care be
taken to balance the severity of the crime, the sentence which could be expected and the
duration of and necessity for detention. The delegation provided more details of the
provisions regulating court decisions on pretrial detention and also highlighted a recent
public hearing in the parliament on the issue. The Directorate for Execution of Sanctions
was committed to improving the material conditions in prisons. The delegation underlined
the significance of the 2009 European Union Instrument for Pre-Accession Assistance
project implemented in cooperation with the Council of Europe, “Capacity building of the
law enforcement agencies for appropriate treatment of detained and sentenced persons”,
and said that a national strategy on the development of the penitentiary system would be
developed. Attention was also being given to a sustainable training system for prison staff.
76.
In relation to questions on the ratification of the Kampala amendments to the Rome
Statute of the International Criminal Court, the delegation mentioned that the criminal act
of aggression had already been incorporated into amendments to the Criminal Code which
were currently in the parliamentary procedure.
77.
The delegation pointed out that it was difficult to set a time frame for the
implementation of the Ohrid Framework Agreement because it was a continuous process
and the prime objective had been met. Implementation remained a Government priority.
The Government continued to implement employment programmes for members of ethnic
communities which were not in the majority. It also mentioned activities such as the
training of interpreters in the Albanian language for the public administration. With regard
to the institutional framework, the delegation mentioned the Secretariat for the
Implementation of the Framework Agreement and the Agency for the Realization of the
Rights of the Communities.
78.
The delegation stated that the Ministry of the Interior reacted to every reported
occurrence of hate speech. The Unit for Cyber Crime monitored announcements of
meetings and other forms of dissemination of hate speech and maintained contact with the
administrators of web portals. Internet service providers were responsible for the published
content of their online services.
79.
The delegation also stated that the Sector for Internal Control and Professional
Standards investigated and acted upon all reports of excessive use of force by the police.
The Ministry of the Interior had undertaken capacity-building to build a positive approach
on the part of the police towards all citizens, regardless of their sex, race, colour, national
and social origin, political and religious beliefs, property and social status. Projects had
been undertaken to build trust with the Roma community.
80.
The Netherlands encouraged the Government of the State under review to step up its
efforts to further enhance civil and political rights for all, regardless of sexual orientation
and gender identity, to further strengthen judicial independence and to ensure freedom of
the media. It made recommendations.
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