lawyer-access-right – Albanian Telegraphic Agency.

Rama: Persons summoned as witnesses to have right to a lawyer, unrestricted access to evidence

Sonila Mehmeti — Wed, 30 Sep 2026 14:39:02 +0000

TIRANA, Sept 30 /ATA/Prime Minister Edi Rama, presenting the proposed amendments to the Code of Criminal Procedure, highlighted changes aimed at strengthening the role of defence lawyers and ensuring equality between the defence and the prosecution.

“The second major change establishes genuine equality between the defence and the prosecution. A lawyer cannot be merely a figurehead in the courtroom or a spectator during the investigation,” Rama said.

According to him, defence lawyers should have the right to conduct their own investigations, take statements, request documents, carry out technical verifications and engage experts.

“Materials collected by the defence lawyer will be submitted directly to the judge and assessed according to the same legal standards of admissibility and relevance as the prosecution’s evidence,” he said.

Rama stressed that individuals will have unrestricted access to the evidence underlying the deprivation of their liberty and will be provided with the complete case file free of charge before the case is brought to trial.

“Without such access, the right to defence remains nothing more than a promise on paper,” the Prime Minister said.

According to Rama, another key change is the prosecutor’s obligation to investigate not only evidence against the accused, but also circumstances that may exonerate or otherwise favour them.

“A prosecutor in a democratic state is not tasked with necessarily finding a culprit, but with establishing the truth,” Rama said.

Addressing the issue of interrogations, the head of government said the amendments seek to close a legal grey area by safeguarding the rights of individuals summoned to the prosecution office or police.

“The third major change closes a grey area surrounding interrogations. A person cannot be summoned as a person with knowledge of the facts and then treated as a suspect without a lawyer and without procedural safeguards,” Rama said.

“Every person summoned by the prosecution or police, including as a witness, will have the right to be accompanied by a lawyer explicitly stated on the summons. Where suspicion against the person existed from the outset of the questioning, statements obtained under a different procedural status may no longer be used against them,” Rama continued.

Prime Minister Rama also announced that interrogations and key investigative actions will be audio- and video-recorded.

“If the state questions a person, it must be able to demonstrate at all times how their statement was obtained and to what extent their dignity as a citizen was respected during the interview. For the first time, it is stated unequivocally that statements or information obtained through torture, inhuman treatment or degrading treatment of the person are inadmissible. A state seeking the truth cannot obtain it through violence or verbal coercion,” he said.

Another amendment concerns the protection of privacy in the context of technological developments. Rama said that the seizure of a device cannot be used as a basis for unrestricted access to all of its contents. Such access will require judicial authorisation, while in cases of urgency defined by law, the measure will be subject to subsequent judicial review.

“The fourth change is necessary to protect privacy in the technological age. The seizure of a device can no longer, under any circumstances, be used as a means to view, read or inspect everything contained on it. Judicial authorisation will be required for this. In cases of urgency defined by law, the measure will subsequently be subject to judicial review. Any material obtained that is unrelated to the investigation must be destroyed. The same applies to wiretapping: only material relevant to the investigation should be reviewed,” Rama stressed.

Rama said that individuals will have the right to know when proceedings have been opened against them, while covert investigations should not become routine.

“Individuals have the right to know when proceedings have been initiated against them. Prolonged covert investigations cannot become routine in a state governed by the rule of law. Only cases with a realistic prospect of success should proceed to trial. Prosecutors must weigh the evidence, the charges and the defence,” he said.

Referring to the sixth change, Rama said it concerns the application of the presumption of innocence outside the courtroom as well.

“A trial in the public arena before the trial in the courtroom is not justice,” he stressed.

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