TIRANA, September 30 /ATA/ New amendments to the Criminal Procedure Code were introduced today under the Justice Reform framework, aiming to restrict pre-trial detention and strengthen due process guarantees.
Speaking at the event, Prime Minister Edi Rama cited a 2006 study by the OSCE in Tirana, which found that 41% of individuals in pre-trial detention had not met their defense counsel prior to the hearing where the decision to deprive them of their liberty was made, while 59% of lawyers had not been present during their clients’ initial interrogation by the prosecution.
“The fact that this issue is long-standing makes it even more alarming. This persistent stagnation shows that the problem isn’t a new byproduct of judicial independence; it is an entrenched culture where the legal system bows to the rule of force,” Rama said.
Addressing the issue of pre-trial detention, the prime minister emphasized that, in accordance with the Constitution and the European Convention on Human Rights, this measure must be used only as an ultima ratio.
Rama also drew attention to assessments by international institutions and bodies regarding the use of pre-trial detention in Albania. According to him, the European Committee for the Prevention of Torture, the United Nations, the Council of Europe and the European Court of Human Rights have repeatedly highlighted issues concerning the imposition and continuation of pre-trial detention measures.
“In Albania, pre-trial detention is frequently requested using boilerplate language and ordered by merely reiterating the prosecutor’s arguments, without a genuine analysis of the individual’s profile, the concrete risks posed to the investigation or trial if the person were at liberty, or the possibility of applying less restrictive measures,” Rama said.
He also referred to cases against Albania heard by the Strasbourg Court, noting that in those cases, it was clear that the continuation of coercive measures had not been genuinely reviewed.
“The Strasbourg Court, in a series of cases against Albania, has found an unjustified lack of genuine review regarding the continuation of coercive measures,” he stated.
According to Rama, the proposed amendments aim to address a specific issue and are directly linked to the protection of human rights and freedoms, as well as to Chapter 23 of the accession negotiations with the European Union.
Rama noted that the package affects approximately one-fifth of the Criminal Procedure Code and is designed as a unified framework based on a defining principle: The exercise of authority within criminal proceedings must have a clear legal basis, be proportionate to the objective and be subject to substantive judicial review. /p.s./
