Competent national authority

Albania

Albania - Criminal Procedure Code 2011 EN

PART II

TITLE X- JURISDICTIONAL RELATIONS WITH FOREIGN AUTHORITIES

CHAPTER II- INTERNATIONAL REGATORY LETTERS

SECTION I- REGATORY LETTERS FROM ABROAD


Article 505- Ministry of Justice Powers

1 The Minister of Justice decides to grant support to a letter of application of a foreign authority regarding communications, notifications and the taking of proofs, except when evaluates that the requested actions impair the sovereignty, the security and important interests of the state.

Albania - Law No. 9205 on the Justice Collaborators and Witness Protection (2004) EN

CHAPTER II

RESPONSIBLE BODIES FOR WITNESS PROTECTION AND COLLABORATORS OF JUSTICE

Article 3
Responsible bodies

Responsible bodies for the preparation, evaluation, approval and implementation of the special measures of protection of witnesses and collaborators of justice are as follows:

a) Directorate for Witness Protection and Justice Collaborators;
b) Commission for Evaluation of Special Measures of Witness Protection and Justice Collaborators

CHAPTER II
RESPONSIBLE BODIES FOR WITNESS PROTECTION AND COLLABORATORS OF JUSTICE

Article 4

The Directorate for Justice Collaborators and Witness Protection

1. For preparing, pursuing and implementing the specific measures of protection, a Directorate of Justice Collaborators and Witness Protection is established, as a special central state structure in the State Police under the direct supervision of the General Director of State Police, operating countrywide in the Republic of Albania.

2. Organizational and personnel structure of the Directorate of Justice Collaborators and Witness Protection are approved by the Minister of Public Order.

3. Issues related to the treatment of the employees of the Directorate of Witness Protection and Justice Collaborators are to be regulated by a decision of the Council of Ministers.

4. Special rules related to the specific administration of the necessary assets and funds for the exercise of activities of the Directorate of Justice Collaborators and Witness Protection, are to be defined by joint instructions of the Minister of Public Order, Minister of Finances and Minister of Justice.

CHAPTER II

RESPONSIBLE BODIES FOR WITNESS PROTECTION AND COLLABORATORS OF JUSTICE

Article 6

1. For evaluating the proposals and approving the special measures of protection program, amending, revoking or terminating them, the Commission of Evaluation of Special Measures of Witness Protection and Justice Collaborators is established.

2. The Commission of Evaluation of Special Measures of Witness Protection and Justice Collaborators is headed by the Deputy Minister of Public Order, and is composed of:
a) a judge deputy chairman;
b) a prosecutor member;
c) an officer of the judicial police member

3. The High Council of Justice, General Prosecutor and General Director of State Police, each appoint respectively one of the members for the composition of this Commission. They are convened in the meetings of the Commission by the chairman of the Commission.

High Council of Justice, the General Prosecutor and the Director of State Police appoint respectively another alternative member, which will attend the meetings of the Commission when the respective members of the commission appointed in compliance with the above paragraph of this article are absent.

4. The judges, prosecutors and officers of the judicial police appointed as members of the Commission on Evaluation of Special Measures of Witness Protection and Justice Collaborators, should be reliable and have a pure moral character, should have experience and special professional skills in the criminal field in general and in serious and organized crime in particular.

5. The members of the Commission are appointed for a term of three years and may be re┬Čappointed. The mandate may end earlier in these cases:

a) when the member does not hold anymore the position in the institution from where he/she was appointed;

b) upon his/her request, presenting the reasons for the request;
c) when the member violates the legal provisions of this law and the rules of functioning of the
Commission.

6. The decision on the end of mandate of the member of the commission, in the case of letter "a", of point 5 of this law, is taken and made known by the competent body for their nomination, whereas in the cases of letters "b" and "c", respectively, upon the request of the member himself or the commission.

7. The judges, prosecutors and officers of the judicial police that are members of the commission, cannot take part in discussion and decision-taking, when they are informed that the proposal for special measures of protection has to do with criminal procedures or activities that are investigated or tried by them. The above mentioned ban is also valid for cases where there are conflicts of interests or doubts for a bias position as provided in the Code of the Criminal Procedure and in other legal provisions in force.

8. The detailed rules on the criteria and procedures for convening and participating in the meetings of the commission, the workload, absences, obstacles, and non-feasibility of assigning and performing this assignment are to be defined in common instructions of the General Prosecutor, Minister of Public Order and Minister of Justice.

CHAPTER III

Special Measures of Witness Protection and Justice Collaborators

Article 8

The general conditions for applying special measures for the protection of witnesses

4. The rules and detailed criteria on the issues provided in points 1, 2 and 3 of this article are to be provided in common instructions of the General Prosecutor, Minister of Public Order and Minister of Justice.

CHAPTER III
Special Measures of Witness Protection and Justice Collaborators

Article 9

General conditions for applying special measures of protection for justice collaborators

4. The rules and detailed criteria on the issues provided in points 1, 2 and 3 of this article are to be determined by joint guidelines of the General Prosecutor, Minister of Public Order and Minister of Justice .

CHAPTER III
Special Measures of Witness Protection and Justice Collaborators

Article 10

Special measures of protection

5. The rules and detailed criteria for the content, meaning, suitability, manner and procedures of the issuance and upgrading of the implementation of the special protection measures are to be defined by joint guidelines of the General Prosecutor, Minister of Public Order and Minister of Justice .

Article 11

Responsibilities for implementing the special protection measures

1. The Directorate of Witness Protection and Collaborators of Justice is responsible for the preparation, coordination and pursuance of the implementation of the special protection measures.

2. Ministries and other central institutions, based on the responsibilities and tasks provided by law, organize the work and are responsible for pursuing and implementing common and special protection measures for the protected people.

3. The bodies, mentioned in point 2 of this article, coordinate their work with the Directorate of Witness Protection and Collaborators of Justice, reply to the requests of this Directorate and those to the prosecutors, as well as inform on issues and circumstances that have to do with the preparation of proposals, implementation of special protection measures and relevant agreements made for this reason with the protected persons.

4. The detailed rules related to the tasks, responsibilities, forms, coordinating and informing procedures between the institutions, are to be defined by joint instructions of the Minister of Public Order, Minister of Justice and General Prosecutor.

Rome Statute

Article 87 Requests for cooperation: general provisions

1.

(a) The Court shall have the authority to make requests to States Parties for cooperation. The requests shall be transmitted through the diplomatic channel or any other appropriate channel as may be designated by each State Party upon ratification, acceptance, approval or accession. Subsequent changes to the designation shall be made by each State Party in accordance with the Rules of Procedure and Evidence.