TIRANA, Sept 18 /ATA/ Minister of Justice, Toni Gogu, said that the ongoing review of the Code of Criminal Procedure is based on the Council of Europe’s recommendations on pre-trial detention, with a focus on strengthening safeguards for individual liberty and ensuring the effective use of alternatives to detention.
Speaking at a roundtable on security measures, the High Court’s unifying decision, and the case law of the European Court of Human Rights (ECHR), Gogu emphasized that cooperation with the Council of Europe is now moving beyond recommendations and into the implementation of concrete reform.
“Our cooperation with the Council of Europe goes beyond the document under discussion today. Its recommendations are directly shaping the review of the Code of Criminal Procedure that we have now embarked on,” the minister said.
According to Gogu, the review is addressing issues such as the criteria for pre-trial detention, the need for tailored reasoning when imposing such measures, meaningful consideration of less restrictive alternatives, access to the materials supporting applications for security measures, and stronger alternatives to detention.
The minister emphasized that the direction of the reform must also guarantee the effectiveness of the criminal justice system and the safeguards of due process and individual liberty.
“The state’s capacity to investigate and prosecute must remain strong. But the safeguards of due process and the protection of individual liberty must be equally strong. One cannot be achieved by weakening the other,” Gogu said.
Alongside the legal changes, the Ministry of Justice is working to restore electronic monitoring, one of the instruments that gives courts a real opportunity to implement alternative measures.
Gogu said that the necessary funding for 2027 has been secured and that the goal is for the electronic monitoring system to be operational by March 2027.
“An alternative that the state cannot actually provide is no alternative at all. It is the responsibility of the executive branch to ensure that such alternatives are available, not the responsibility of the courts,” the minister said.
The system is expected to involve trained personnel, clear protocols for response and reporting to the courts and prosecution service, as well as strengthened capacity within the Probation Service.
The minister further highlighted the institutional boundaries between the executive and the judiciary, emphasizing that the Ministry of Justice does not have a role in deciding which security measure is appropriate in a particular case.
“The High Court has clarified the applicable standard. Our role is to ensure that the legal framework reflects that standard, while also establishing electronic monitoring and strengthening the Probation Service so that alternative measures are practical and reliable. Clearer laws, effective alternatives, and functioning institutions—that is the responsibility that rests with us,” Gogu concluded.
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