A/HRC/20/24/Add.1
60.
The Special Rapporteur is gravely concerned at issues related to accessibility,
detention conditions, legal safeguards in law and practice and the treatment of migrants
detained in Kareç. The centre is situated 20 km outside Tirana in a remote location
practically inaccessible due to extremely bad road conditions. Such circumstances seriously
obstruct the enjoyment of detainees’ right to legal defence (art. 79, para. 4) and independent
monitoring by national and international bodies. Its external and internal infrastructure,
with high fences and detainees’ rooms kept in a corridor locked behind bars, as well as its
rules of “daily routine”, reminded the Special Rapporteur of a mid- to high-security prison.
He noted the unacceptably cold and humid conditions of the centre and was most concerned
at reports of frequent and long power cuts. The centre has very limited possibilities for
outdoor exercise: no sport facility or exercise yard were available.
61.
A specific leaflet on detainees’ rights “has been produced and contains basic
information on fundamental rights for persons deprived of their liberty”. However, the
Special Rapporteur was concerned about the lack of translated copies in languages
commonly spoken by detainees and very limited language skills of staff. Further, he noted
that the lack of a specific provision to inform arriving detainees of their rights and the
reason for their detention. 44 The Special Rapporteur heard pleas for a thorough individual
assessment, including of potential asylum claims, of persons brought to Kareç. At present,
such assessment was considered “superficial” by detainees.
62.
The Special Rapporteur was particularly concerned at the presence of a Somali girl
and her female relative in the centre. At the time of his visit, they had been staying in the
centre for almost two weeks. They informed the Special Rapporteur that they had not had
any contact with their families nor received information on the development of their case or
on their right to access to a lawyer. They had been told to “wait”. Staff had shown interest
in their situation, they explained, only on the day of the visit of the Special Rapporteur,
when the Somali woman was given a pair of socks. The girl further told the Special
Rapporteur that, while initially with the police at Tirana International Airport she had been
told that they would either stay in the centre or be sent back to Somalia. According to the
girl, she had received no response when asking police what would happen to her if she
decided to stay in Albania.
63.
While noting information that children are not accepted at Kareç, he notes that the
internal regulations contain provisions which foresee the presence of “minors” in the
centre.45 He is further concerned that the Law on Foreigners (art. 87) allows for detention of
unaccompanied minors in a “social centre” on an exceptional basis. The Special Rapporteur
recalls the general rule that separated and unaccompanied minors should not be detained. 46
64.
The Special Rapporteur is concerned at the lack of adequate training and
sensitization of staff on international human rights standards and principles regarding the
rights and treatment of persons deprived of their liberty. As the first of its kind in Albania,
the Kareç centre presents a new challenge to the institutions and personnel responsible for
its operation due to lack of funds, human resources and human rights expertise.
44
45
46
18
See in particular article 3 on entry and registration of detained foreigners in the closed centre.
Arts. 14, para. 1 and 5, and 15, para. 6.
Committee on the Rights of the Child, general comment No. 6 (2005) on treatment of unaccompanied
minors and separated children outside their country of origin, para. 61. Council of Europe, Positions
on the rights of minor migrants in an irregular situation, CommDH/PositionPaper(2010)6, p. 5.