Albanian Helsinki Committee: Tragic event at Kavaja Commissariat could have been prevented

From this verification the Albanian Helsinki Committee writes:

On May 4, police officers, based on an arrest warrant, detained and escorted to the premises of the Kavaja Police Station, citizen Ilvi Meta, suspected of the crime of theft, which occurred in an apartment about a month ago. In the meeting they had with the chief of the Kavaja Police Commissariat, AHC observers were informed that two weeks ago, the prosecution had launched an investigation into this event, then asked the court to impose the security measure “prison arrest” for him. the suspect Ilvi Meta. The court had accepted the prosecution’s request. The relatives were informed of this fact because at the moment of escorting the person by the police, a search of the suspect’s apartment was carried out, in the presence of his father. Also, the observers were informed that the citizen Ilvi Meta was initially escorted to the Kavaja Police Commissariat at 11:30 on 04.05.2022, which was also verified in the Data Record Register for Escorted Persons.

At 15:50, the security measure “arrest in prison” was carried out in the premises of the Commissariat, for the criminal offense of Theft (according to Article 134/1 of the Criminal Code), and his family member, father, was notified by the officer of the BB patrol The late Ilvi Meta stayed alone in the security room. This data was also verified in the Register of detained / arrested persons located in the Police Stations.

In the premises of the Commissariat from the moment of escort until the event, the person had not undergone a check-up or visit by a doctor, this was verified by the book of medical visits of the doctor, which reflected only the ascertainment of his death. It is worth mentioning that referring to Article 34 / b, letter ç) of the Code of Criminal Procedure and bylaws, the authorities of the Commissariat had the obligation to take the necessary measures as soon as possible, but not later than 12 hours from the moment of detention / arrest, for subjecting this citizen to a specialized medical examination or examination. Given that in this case, in the book of service delivery, the responsible employee has identified the risk of suicide attempt of this citizen, the medical examination against him should have been carried out immediately after ascertaining this fact. It is also worth noting that compliance with these guarantees is necessary to identify if the person suffers from any illness and if he or she needs medical treatment as well as to rule out any reasonable and objective suspicion that the person has been subjected to some form of violence. , with elements of inhuman and degrading treatment (referring to the jurisprudential standards of the European Court of Human Rights and the recommendations of the Committee for the Prevention of Torture of the Council of Europe).

In the minutes of the personal search it was evidenced that no prohibited items were found on the detainee and there was nothing to report. According to point 9.2 of section 5 of Order 925, dated 18.07. 2019 “Treatment and security of persons arrested / detained in the premises of the State Police, identification and resolution of their request / complaints”, before the person is placed in the security room, the latter is checked by the person in charge of the security rooms to verify the existence of conditions, including the non-existence of any other item (other than those specified in this procedure) with him which the detainee / detainee may endanger the safety, life, health of himself or other persons (lighters, matches, drugs, weapons, etc.). Investigations should also shed light on the fulfillment of this obligation, but in advance AHC notes that the consequences that have come from this serious event, call into question the rigorous control of the security room and / or personal control of the detainee.

AHC observers closely verified the conditions of the security room where the late Ilvi Meta was placed, which showed that she did not meet the criteria set out in section 8, point 3.2 / d of Order 925, dated 18.07. 2019 “Treatment and security of persons arrested / detained in the premises of the State Police, identification and resolution of their request / complaints”, Specifically the horizontal metal rod of the cell cavity should not be higher than 60 cm. In fact it was placed at a height of about 2 meters, which created the possibility of self-hanging. The chief of the commissariat informed us that to end his life he had used a hood lace hanging on the metal rod.

The guard of the security room was the person who found that Ilvi Meta was hanged, but he could not enter the room because he did not have the key to the cell, which was held by the head of the security room, and after he finished his service schedule. , the key was kept in the operating room of the Commissariat. He was immediately notified and after the door was opened, he was escorted to the nearest hospital center, where his death was confirmed.

The prosecution in connection with this event has immediately started the criminal case and it turns out that three police officers have been arrested. During the verification, near the security rooms of this Commissariat, there were also police officers arrested for this event, with two of whom AHC observers managed to communicate. One of the employees who had been present at the physical examination of the deceased, stated that no ties were found on the deceased, and that the T-shirt he was wearing did not have a hood. The other employee, in charge of the security rooms, told observers that he was not on shift at the time the incident occurred. This fact was further verified by observers, looking at the book of service delivery of security room officials, by BP, on 04.05.2022 at 19:00. It is noteworthy that in this book it is noted as a message to the person who would receive in the next shift, that special attention should be paid to the arrested Ilvi Meta, as the latter could attempt suicide. The note in this book has been signed by BP, who has been leaving the shift, as well as by GH who is the employee who has taken the shift as head of the security rooms. AHC observers report that this note is inconsistent with the note that the doctor, OH, made in the book of medical visits, No. 63, marking 18:00 on May 4, as the time of ascertaining the dead body of the deceased. This discrepancy makes unclear the moment when the employees have ascertained the event but does not prevent in our assessment the further investigation by the prosecution responsible for uncovering the event.

AHC expresses its concern that the case in question is not an isolated case. Superior institutions as well as those where detained or arrested citizens as well as persons who are in detention facilities or prisons, must take special care of security measures and their observance, in order to guarantee the health and life of these citizens. It is their responsibility and that of the persons in charge of this task, to implement correctly and with due vigilance, the laws and bylaws which define the preventive security measures to be taken, the submission of these persons to the medical examination and the realization of the controls. periodic, for the proper implementation of the legal framework.

AHC suggests to the prosecution body to conduct full, objective and comprehensive investigations, to discover the truth and bring to justice persons who by their actions or omissions have not complied with the relevant legal obligations.

In conclusion, AHC expresses its sincere condolences to the family and relatives of the victim and publicly pledges to provide free specialized legal services, to represent their rights and interests before the judiciary, if they so agree.

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