ALBANIA INCSR SUBMISSION FOR 2009

UNCLAS TIRANA 000714 SIPDIS SENSITIVE STATE FOR INL/AAE:JOHN LYLE E.O. 12958: N/A TAGS: PGOV SNAR SOCI AL SUBJECT: ALBANIA INCSR SUBMISSION FOR 2009 SUMMARY -------------- ¶1. Albania is a transit country for narcotics traffickers moving primarily Afghan heroin from Central Asia to destinations around Western Europe. In 2009, seizures of heroin increased but seizures of marijuana declined. Cannabis continues to be produced in the remote mountain regions of Albania for markets in Europe. In response to continued international pressure, the Government of Albania (GOA),is aggressively confronting criminal elements but continues to be hampered by a lack of resources, expertise and endemic corruption. Albania is a party to the 1988 UN Drug Convention. STATUS OF COUNTRY -------------- ¶2. Albania's ports on the Adriatic and porous land borders make it an attractive stop on the smuggling route for traffickers moving shipments into Western Europe, due in part to counter-narcotic measures that are under-financed, poorly managed and law enforcement officials who are corrupt and inadequately equipped. Marijuana is produced domestically for markets in Europe, the largest being Italy and Greece. While the majority of drugs has historically been smuggled across the Adriatic Sea, Albania's recent more aggressive policies and enhanced policing of its coast have redirected some trafficking over land borders with Kosovo and Montenegro for transit into Serbia and Bosnia. COUNTRY ACTIONS AGAINST DRUGS IN 2009 -------------- -- Policy Initiatives. ¶3. A 2005 Moratorium outlawing speedboats and several other varieties of water vessels on all of Albania's territorial coastal waters was scheduled to expire in early 2009, but the Ministry of Interior has commanded its forces to continue to enforce the ban until Parliament specifically repeals it. The moratorium has slowed the movement of drugs and trafficking in persons by smaller waterborne vessels, particularly to Italy. In January 2009, Lockheed Martin completed installation of a seven-radar sea-surveillance system which provides the Albanian Ministries of Defense and Interior a complete real-time picture of their entire sea border. In 2009 the Albanian Coast Guard/Navy received a 143-foot Damen patrol vessel from the Netherlands and will receive four more for the purpose of combating smuggling off of Albania's coasts. As a result of these measures, the preferred route by traffickers now appears to be through Serbia and Bosnia and then on to Italy. Albania works with its neighbors bilaterally and in regional initiatives to combat organized crime and trafficking, and it is a participant in the Stability Pact and the Southeastern Europe Cooperative Initiative (SECI). Albania signed the Stabilization and Association Agreement with the European Commission in June 2006, and it has since been ratified by twelve European Union member countries. The EU noted in its ratification that Albania "...is still facing serious challenges in tackling corruption and organized crime, achieving full implementation of adopted legislation, improving public administration and fighting trafficking in human beings and drugs." -- Law Enforcement Efforts and Accomplishments. ¶4. The Albanian State Police (ASP) continues to seize more heroin each successive year. Italian statistics continue to show that the amount of Afghan heroin seized in Italy being transited directly from Albania remains minimal. According to the Ministry of Interior, in the first 9 months of 2009 the ASP seized 73.95 kilograms of heroin compared with 59 kilograms seized in the same period of 2008. Since January 20009, the ASP has arrested 320 persons for drug trafficking and is seeking to arrest 24 others. The ASP has also seized 2030 kilograms of marijuana and destroyed 123,681 marijuana plants. This is down slightly from 2008 but can be attributed to the intense eradication efforts by the government and the more remote regions that the growers must use in order to evade detection. The ASP also seized 3.85 kilograms of cocaine but in the process arrested 27 suspects - the seizures were mostly dealers and not traffickers. There have been several reported attempts to transport heroin from Italy back across the Adriatic to Albania, but these have been the exception rather than the rule. -- Corruption. ¶5. Corruption remains a deeply entrenched problem in Albania. Low salaries, social acceptance of graft and Albania's tightly knit social networks make it difficult to combat corruption among police, judges, and customs officials. Corruption aids and abets organized crime and drug trafficking. Albania ratified the UN Convention against Corruption in 2006. In 2008 and the first half of 2009, the police and judiciary have been more active in investigating government officials and law enforcement personnel for corruption. During 2008, the prosecutorial system registered 683 cases for corruption-related offenses against 295 defendants, or 47% more cases registered against 16% more defendants compared to 2007. Prosecutors have referred to court 154 cases against 300 defendants, or 39% more cases referred to court against 66% more defendants compared to 2007. During 2008, the courts rendered 155 guilty verdicts, or 70% more convictions compared to 2007. ¶6. Although these numbers are a significant improvement over previous years, Albania continues to lack the judicial independence for unbiased, transparent proceedings and many cases are never resolved. High-ranking government officials, including judges and members of parliament enjoy immunity from prosecution, which hinders corruption investigations. However, the creation of a Joint Investigative Unit to Fight Economic Crime and Corruption (JIU) has had a tangible impact on the fight against corruption in Albania's capital. (See Section IV for a complete description of this unit and its work.) ¶7. To date, in 2009, 80 criminal complaints have been sent to the prosecution office involving 97 police officers including one officer of mid-level management, 26 officers of first line supervision level and 70 operational level officers. 43 complaints involving 52 police officers involved corruption related offences. ¶8. In the beginning of November 2008, a new law on the Internal Control Service (ICS) entered into force, determining that the ICS Directorate in the Ministry of Interior would establish an Inspections Directorate in addition to utilizing the Integrity Test as a tool to fight corruption within police ranks. While the new structure of the ICS which includes the Inspections Directorate was approved on 3 September 2009, the directorate itself has yet to be established due to lack of funding. -- Agreements and Treaties. ¶9. Albania is a party to the 1988 UN Drug Convention, the 1961 UN Single Convention as amended by the 1972 Protocol, and the 1971 UN Convention on Psychotropic Substances. An extradition treaty is in force between the United States and Albania. Albania is a party to the UN Convention against Transnational Organized Crime (TOC) and its protocols against migrant smuggling and trafficking in persons, and since February 2008, to the protocol against illicit trafficking in firearms. The TOC Convention enhances the bilateral extradition treaty by expanding the list of offenses for which extradition may be granted. The U.S. has applied the TOC most recently in a few extradition requests to Albania. -- Cultivation and Production. ¶10. With the exception of cannabis, Albania is not a significant producer of illicit drugs. According to authorities of the Ministry of Interior's Anti-Narcotics Unit, cannabis is currently the only drug grown and produced in Albania, and is typically sold regionally. The cultivation of marijuana is decreasing slightly due to enforcement action by the ASP and poppy production remains insignificant with the seizure of 4.5 kilograms. No labs for the manufacture of synthetic drugs were discovered in 2009, and the trade in synthetic drugs remains virtually non-existent. Albania is not a producer of significant quantities of precursor chemicals. ¶11. The Law on the Control of Chemicals Used for the Illegal Manufacturing of Narcotic and Psychotropic Substances was passed in 2002 and regulates precursor chemicals. Police and customs officials are not trained to recognize likely diversion of dual-use precursor chemicals. -- Drug Flow and Transit. ¶12. Trafficking in narcotics in Albania continues as one of the most lucrative illicit occupations available. Organized crime groups use Albania as a transit point for drugs and other types of smuggling, due to the country's strategic location, porous borders, weak law enforcement, and unreformed judicial systems. Albania remains a transit country for Afghan heroin and a source country for marijuana, especially to Italy and Greece. While the majority of drugs have historically been smuggled across the Adriatic Sea, Albania's more aggressive policies and policing of its coast have redirected some trafficking over land borders with Serbia and Bosnia. Albanian nationals appear to be taking a greater role in the financing and distribution of heroin outside of Albania, especially in the Northern Balkans and Western Europe. -- Domestic Programs/Demand Reduction. ¶13. The Ministry of Health has stated that drug use is on the rise . While the Ministry has declared repeatedly that there are 30,000 drug users in Albania, it has no reliable data about drug abuse to substantiate these claims. Neither does it have statistics on the number of estimated addicts as opposed to users. However, anecdotal evidence suggests that marijuana use is increasing in school-aged children. ¶14. The GOA has taken steps to address the problem with a National Drug Demand Reduction Strategy but is hampered by the inadequate public health infrastructure that is ill-equipped to treat drug abuse, and public awareness of the problems associated with drug abuse remains low. The Toxicology Center of the Military Hospital is the only facility in Albania equipped to handle overdose cases and is staffed by only three clinical toxicologists. This clinic has seen an average of 2000 patients per year over the past five years, and the number of cases has remained constant over this period. The clinic estimates that around 80 percent of the cases result from addiction to opiates, primarily heroin, and most were intravenous drug users. There were two NGO's operating in Albania during 2009 which dealt with drug related cases. Albania has few regulations on the sale of benzodiazepines, which are sold over the counter at local pharmacies, and the domestic abuse of these medications is believed to be rising, though no data is available. U.S. POLICY INITIATIVES AND PROGRAMS -------------- -- Policy Initiative. ¶15. The GOA continues to welcome assistance from the United States and Western Europe. The U.S. is involved in judicial sector assistance programs in the areas of law enforcement and legal reform through technical assistance, equipment donations, and training. One of the problems in training continues to be deep political polarization at all levels of government resulting in the absence of a strong civil service class and thus many trainees are subject to reassignment during times of political transition. ¶16. The State Department-supported U.S. Department of Justice ICITAP and OPDAT programs continued their programs at the Ministry of the Interior, the General Prosecutor's Office, the Serious Crimes Court and Serious Crimes Prosecution Office, all with the goal of professionalizing the administration of justice, combating corruption, and strengthening the GOA's ability to prosecute cases involving organized crime and illicit trafficking. ICITAP continued to offer the Anti-Narcotics and Special Operations Sectors full-time advisory support, an advanced level of training (in cooperation with the FBI) to assist in combating illicit trafficking in people and drugs. ICITAP and State/INL continued to provide support for the GOA`s anti-narcotic strategy and efforts through its activities within the International Consortium and the Mini-Dublin Group. ¶17. In 2009, OPDAT and ICITAP continued to work with the Albanian Ministry of Interior, Ministry of Finance, General Prosecutor's Office, and State Intelligence Service in forming additional Economic Crime and Corruption Joint Investigative Units (JIU) to improve the investigation and prosecution of financial crimes, especially money laundering and corruption. The JIU formally began operations in September of 2007 and has shown promising initial success, opening 222 cases in the first year of operation and successfully convicting the Deputy Minister of Transportation and the General Secretary of the Ministry of Labor on corruption charges. OPDAT has supported the JIU throughout 2009 with an imbedded OPDAT anti-corruption legal advisor and an intensive program of training, along with equipment donation. During 2009, the JIU has started investigation in 124 new criminal cases. ¶18. OPDAT continues to have a direct and visible impact on the JIU's work. The presence of an American prosecutor at the JIU has increased the public's trust in their work and also provided political cover for the prosecution of highly-placed public officials. Procurement fraud and property issues continue to lead the types of cases being prosecuted, with the number of money laundering investigations steadily increasing. ¶19. On May 6, 2009, the Prosecutor General, Minister of Interior, Minister of Finance, Director of State Intelligence Service (SHISH), the head of High State Audit, and the head of the High Inspectorate for the Declaration of Assets (HIDAA) publicly signed a Memorandum of Cooperation formally establishing six regional anti-corruption and financial crime units in the cities of Durres, Fier, Korca, Shkoder, Vlora, and Gjirokaster. The heads of the regional JIUs were appointed on the day of the ceremony, and most of the prosecutors and judicial police officers were appointed on October 29, 2009. OPDAT will support these regional units through an MCC-funded program of training, mentoring, and equipment. ¶20. The Witness Protection (WP) Directorate in the Ministry of Interior continues to work with the U.S. and other members of the international community to strengthen the existing witness protection legislation. The WP Directorate has helped to protect a number of witnesses, and witness families, in trafficking and drug related homicide cases. Witness Protection Law reform is being accomplished through the IC working group, with prosecutors and police working with internationals to revise the law written in ¶2004. The new law is now being considered by the Albanian Parliament. ¶21. The United States, through State/INL, continues to provide assistance for integrated border management, a key part of improving the security of Albania's borders, providing specialized equipment, and the installation of the Total Information Management System (TIMS) at border crossing points. TIMS is now operational in all 21 major border crossing points and by October 31, 2009 will have been installed at the last 5 remaining remote border crossing points. Part of the integrated border management initiative, formally approved by the Albanian Council of Ministers on 29 September 2007, included the establishment of an autonomous Border and Migration Department with direct command and control of all border policing resources answerable to one central authority. Other U.S., EU, and international assistance programs include support for customs reform, judicial training and reform, improving cooperation between police and prosecutors, and anticorruption programs. The U.S. Coast Guard (USCG) provided maritime law enforcement training to Albanian officers through two visits of a mobile training team. Albanian law enforcement authorities have provided the Italian police with intelligence that has led to the arrest of drug dealers and organized crime members, as well as the confiscation of heroin in Italy. Cooperation also continues with Italian law enforcement officials to carry out narcotics raids inside Albania. ¶22. ICITAP has teamed up with the New Jersey National Guard under the Partners for Peace Program to introduce a Drug Awareness-Demand Reduction Program in the Tirana Public Elementary Schools. ASP Community Policing specialists will be trained both in Albania and the United States to deliver essential information to children ages 9 thru 14. This program is part of a broader based community policing strategy that includes international police assistance programs, educators and NGO`s as well as the police and local citizens. -- The Road Ahead. ¶23. The Albanian government has made the fight against organized crime and trafficking one of its highest priorities. The police are taking an increasingly active role in counter narcotics operations. Albania's desire to enter into the European Union and its entry in 2008 into NATO continues to push the GOA to implement and enforce reforms, but the fractional nature of Albanian politics and the slow development of Albanian civil society have hampered progress. The U.S., together with the EU and other international partners, will continue to work with the GOA to make progress on fighting illegal drug trafficking, to use law enforcement assistance effectively, and to support legal reform.