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.