Albania: Procedures to obtain a police report; whether a police report can be obtained from abroad through a proxy; if so, requirements and procedures (2012-September 2015)

1. Right to Obtain a Police Report

Sources state that individuals in Albania are able to access copies of police reports (Albania 11 Aug. 2015; Zaka & Kosta 18 Aug. 2015). Article 25 of the Constitution of the Republic of Albania states that "[e]veryone has the right to become acquainted with the data collected about him, except for the cases provided by law" (Albania 1998). The Albanian Law on the Right to Information over the Official Documents indicates that, under Article 3,

[e]veryone is [e]ntitled, upon his request, to get information on an official document without being obliged to explain the motives of such [a] request.

Public authorities shall grant any information in relation to an official document, safe [sic] when the law provides differently.

Information on an official document, granted to a person, shall not be refused to any other person, excluding the case when this information consists of personal data about the person himself, to whom the information was granted before. (ibid. 1999)

According to Article 4 of the Law on the Right to Information over the Official Documents, on limitations to the right to information,

[i]f the requested information on [an] official document is restricted by another law, the public authority shall provide the requested [sic] with a written declaration expressing the reasons of such a refusal and/or basic rules on which the requested [sic] can get such information.

If the limitation of the information is related to only one part of the official document, the remaining part shall not be refused to the requester. (ibid., Art. 4).

Sources state that in September 2014, the Albanian government passed a new law on access to information (US 25 June 2015, 20; Balkan Insight 1 Oct. 2014). The new law establishes an office that oversees the right to information and reportedly provides shorter deadlines for the disclosure of information (ibid.; US June 2015, 20; Freedominfo.org 30 Oct. 2014) and defines "public information" as "any data registered in any form and format, maintained by a public authority" (ibid.). Sources also report that the law provides authorization to fine public servants for non-compliance (US 25 June 2105, 20; Balkan Insight 1 Oct. 2014). A copy of this law could not be found among sources consulted by the Research Directorate within the time constraints of this Response.

In correspondence with the Research Directorate, an associate at Zaka & Kosta Attorneys at Law, an Albanian law firm that specializes in intellectual property, and litigation, among other legal fields (Zaka & Kosta n.d.), stated that people entitled to obtain police reports are generally those persons directly related to a crime, such as "witnesses, damaged individuals, attorneys, etc." (ibid. 18 Aug. 2015). The same source states that third parties that "have as their scope of activity the study or monitoring of the cases (such as students with the authorization of the school, state attorneys, ombudsman, NGOs for human rights protection, etc.), have the right to obtain copies where the personal or sensitive data has been erased" (ibid.). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2. Procedure to Obtain a Police Report

Article 7 on "[f]orms of information granting" of the Law on the Right to Information over the Official Documents of Albania states that the public authority, "upon request of the interested party or with his/her initiative, offers the requester other forms of submittal, including the oral form. The requester shall express his/her consent in a written form" (Albania 1999, Art.7). In correspondence with the Research Directorate, a representative at the Albanian State Police's International Cooperation and Coordination Directorate stated that individuals may request copies of police reports directly from the Director of Police (ibid.11 Aug. 2015). The same source noted that if the case has been referred to the Prosecutor's Office, the request for a copy of a police report must be made to that office (ibid.). The associate at Zaka & Kosta Attorneys at Law similarly stated that "[i]n order to obtain a copy of the police report, an individual has two options: either to ask for a copy immediately after signing it, or he can apply in writing before the police or the prosecutor, depending on who holds the files" (18 Aug. 2015). The representative from the Albanian police further indicated that the request must be presented in written form and signed by the individual requesting the information (14 Aug. 2015). The associate at Zaka & Kosta Attorneys at Law also noted that within a written request for a police report, an individual must demonstrate their relation to the case, whether they are a "witness, damaged individual, attorney, etc." (18 Aug. 2015).

According to the representative at the Albanian Police, a police report may be obtained by a "third party" if they are given power of attorney to do so by the requester (14 Aug. 2015). The associate at Zaka & Kosta Attorneys at Law similarly indicated that "[i]ndividuals residing abroad have to apply or authorize an attorney to represent them in gathering police reports" (18 Aug. 2015).

The Law on the Right to Information over the Official Documents states that public officials are mandated to "satisfy the request [for information] within 30 (40) days from its acceptance, safe [sic] when law provides otherwise" (Albania 1999, Art. 11). In correspondence with the Research Directorate, an associate at CLO Legal Solutions, a law firm based in Tirana that specializes in criminal law, civil rights, and contracts, among other fields (CLO Legal Solutions n.d.), stated that in cases where individuals request police reports in Albania, "[t]he competent authority should reply back to the claimant within 30 days from the receipt of the information or claim" (ibid. 12 Aug. 2015).

3. Efficacy of Procedures to Obtain Police Reports

According to the US Department of State's Country Reports on Human Rights Practices for 2014, "citizens often faced serious problems obtaining [public] information" (US 25 June 2015, 20). The same source indicates that "[t]he process for making information public often was not clear, and officials were sometimes reluctant to release information" (ibid.). A 2013 special report on freedom of information published by the People's Advocate [Ombudsman] of Albania, the agency charged with "the implementation and respect" of the right to access public information in Albania (Albania 2013, 8), found that, upon reviewing cases of violations to the right to information, legal deadlines for replying to requests are not met, and the public administration has an "unsatisfactory level of knowledge on the legislation on the right to information on official documents and, moreover, it does not implement it" (ibid., 9).

The associate at Zaka & Kosta Attorneys at Law stated that police reports are "difficult to obtain even by the attorneys that represent clients before the police or the prosecutor or the court" (18 Aug. 2015). Further information on efficacy of procedures obtaining copies of police reports could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Albania. 14 August 2015. Albanian State Police, International Cooperation and Coordination Directorate. Correspondence from an official to the Research Directorate.

_____. 11 August 2015. Albanian State Police, International Cooperation and Coordination Directorate. Correspondence from an official to the Researcch Directorate.

_____. October 2013. People's Advocate Office. Special Report on the Right to Information. [Accessed 11 Aug. 2015]

_____. 1999. Law on the Right to Information over the Official Documents. [Accessed 6 Aug. 2015]

_____. 1998. Constitution of the Republic of Albania. [Accessed 6 Aug. 2015]

Balkan Insight. 1 October 2014. Besar Likmeta. "Albania Rights Groups Hail New New FOI Law." [Accessed 11 Aug. 2015]

CLO Legal Solutions. 12 August 2015. Correspondence from an associate to the Research Directorate.

_____. N.d. "CLO Legal Solutions." [Accessed 12 Aug. 2015]

Freedominfo.org. 30 October 2014. "Albania Rewrites Access Law; Changes Considered Positive." [Accessed 6 Aug. 2015]

United States (US). 25 June 2015. Department of State. "Albania." Country Reports on Human Rights Practices for 2014. [Accessed 6 Aug. 2015]

Zaka & Kosta Attorneys at Law. 18 August 2015. Correspondence from an associate to the Research Directorate.

_____. N.d. "Legal Expertise." [Accessed 18 Aug. 2015]

Additional Sources Consulted

Oral sources: Albania - Embassy in Ottawa, People's Advocate Institution; Canada - Embassy in Rome; Celibashi & Associates Law Firm; Daci & Associates Law Firm; Duraj Law Firm; Fatmir Braka, Partners and Associates Law Firm; Haxhia & Hajdari Law Firm; Hozha, Memi & Hoxha Law Firm; Isufi & International Associates Law Firm; K & H Law Firm; Kalo & Associates Law Firm; Kushe Legal Office; Studio Legale Meci; Tonucci and Partners Law Firm.

Internet sites, including: Albania - State Police; Albanian Helsinki Committee; Al Jazeera; Amnesty International; BBC; ecoi.net; Factiva; Freedom House; The Globe and Mail; Human Rights Watch; INTERPOL; The New York Times; Radio Free Europe/Radio Liberty; Regional Anti-Corruption Initiative; Reuters; Transparency International; United States - Central Intelligence Agency; The Washington Post.