Albanian Helsinki Committee (AHC), in the exercise of its mission to protect human rights and fundamental freedoms, has been informed of a complaint submitted by the family members of citizen J.LL, who is currently held at the Institution for the Execution of Penal Decisions Durrës (IEPD Durrës). In their complaint, the family alleges that force may have been used against him within the premises of IEPD, following problems manifested in one of his fingers.
In addition, the family has expressed concern that the judgment of 7 October 2025 delivered by the Tirana Court of First Instance of General Jurisdiction has not been enforced. That court ordered the discontinuation of the criminal proceedings against J.LL on the grounds that he was criminally irresponsible at the time of the commission of the offence. The court imposed a medical measure of “compulsory treatment in a medical institution,” ordering his placement in the medical institution located in Shënkoll, Lezhë.
With regard to the allegation of the use of force, AHC addressed the Internal Control Service of the Prison System. In its reply, the Internal Control Service of the Prison System stated that, during a meeting held with J.LL at IEPD Durrës, he denied having been subjected to violence and submitted no request other than that of transfer to IEPD Lezhë. Nevertheless, it was acknowledged that there was a fracture of J.LL’s finger.
AHC notes with concern that the Internal Control Service confined its verification of the complaint to the interview of J.LL, who suffers from mental health conditions. AHC has recommended that his statements be assessed in conjunction with other evidence capable of establishing, beyond reasonable doubt, that no violations of the applicable legislation were committed by the staff of IEPD Durrës.[1] Such verification should include examination of CCTV footage, his medical file maintained at IEPD Durrës, and the diagnoses issued by specialist of the Regional Hospital of Durrës.
A full, independent and thorough investigation of allegations of possible violations raised by persons deprived of their liberty constitutes a safeguard for the identification of conduct contrary to the prohibition of torture and inhuman treatment, particularly where such allegations originate from vulnerable individuals. AHC underlines that independence from prison staff must be the guiding principle of the Internal Control Service in the Prison System in the collection and verification of information that may disclose elements of a criminal offence.
With regard to the enforcement of the judgment of the Tirana Court of First Instance of General Jurisdiction, AHC has identified several matters of concern:
- It appears that J.LL was arrested on 6 September 2024 and, from that date to the present, his family members have been unable to visit him in pre-trial detention. According to them, they have not received authorisation from the prosecution authority for physical visits, as required under paragraph 6 of Article 70 of the General Prison Regulations.[2]
- The judgment of 7 October 2025 has become final, as no appeal was lodged against it. However, it has not yet been enforced, and as a result J.LL continues to be held at IEPD Durrës. On 24 December 2025, AHC addressed IEPD Durrës on this matter. By letter dated 9 January 2026, the institution informed AHC that it had not received any final judicial or executive decision ordering the transfer of J.LL.
- AHC subsequently addressed both IEPD Durrës and the Prosecution Office attached to the Tirana Court of First Instance of General Jurisdiction, providing a copy of the aforementioned judgment together with proof demonstrating that the decision had been notified to J.LL at IEPD Durrës on 31 October 2025.
- On 28 January 2026, IEPD Durrës informed AHC that it had still not received an enforcement order enabling it to proceed further.
AHC emphasises that it is fully aware of the significant challenges currently faced by the justice system, including the workload borne by the prosecution service and existing vacancies within the judiciary. Nevertheless, AHC considers that delays in enforcing the judgment of 7 October 2025 are incompatible with the need for treatment tailored to the health condition of J.LL, who should be accommodated in a medical institution rather than in a prison facility.[3] Pursuant to Articles 12 and 13 of Law No. 8331/1988 “On the Enforcement of Criminal Decisions,” the prosecutor is the authority responsible for initiating enforcement proceedings through the issuance of an enforcement order.
The absence of contact with his family since September 2024 runs counter to the objective of social rehabilitation and reintegration of detained persons, as guaranteed under Articles 12, 40 and 48 of Law No. 81/2020 “On the Rights and Treatment of Prisoners and Pre-Trial Detainees.” AHC considers that the institutions where the individual has been held should have taken all necessary measures to ensure the preservation of his family ties.
In 2020, the European Court of Human Rights in the case of Strazimiri v. Albania, found a violation of Article 3 of the European Convention of Human Rights (prohibition of inhuman and degrading treatment) due to the lack of a specialised psychiatric institution and the deprivation of liberty of persons with mental health conditions.
[1] In accordance with the standards set out in Article 17 of Law No. 9397/2005 “On the Internal Control Service in the Prison System.
[2] A pre-trial detainee has the right to receive visits from family members or from persons other than family members, subject to the prior written authorisation of the prosecutor.
[3] In accordance with Article 17 of the Criminal Code and the classification provided under Article 15 of Law No. 81/2020 “On the Rights and Treatment of Prisoners and Pre-Trial Detainees.
