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./

Also participating in this conference were Gianluca Esposito, Director General for Human Rights and the Rule of Law, Council of Europe, as well as Nicola Lettieri, Deputy Prosecutor General at the Supreme Court of Cassation of Italy and Theo Byl – Judge at the Court of Appeal of Antwerp in Belgium.

In his speech, the minister said that the issue of pre-trial detention constitutes one of the most sensitive and significant challenges for our country.

“The excessive use of pre-trial detention is not just a statistical problem, but a fundamental problem of human rights, the presumption of innocence and the proportionality of state intervention. Unfortunately, Albania continues to maintain one of the highest rates of pre-trial detention in Europe. Currently, about 58% of persons in penitentiary institutions are detained and the average length of their stay in pre-trial detention is calculated at 253 days, compared to 155 days in European countries, or 63% higher! So, over half of the persons in our prisons are still without a final decision, moreover, for a time many times longer than that applicable in European Union countries. Meanwhile, in the European Union, on average, only 1 in every 5 persons in the penitentiary system is detained”, said Minister Lamallari.

The minister emphasized further on that Albania, as a candidate country for membership in the European Union, must abandon outdated, harsh penal policies and move closer to that of the family to which we intend to join soon.

Further on, Lamallari emphasized that our cooperation with the Council of Europe and international partners is essential on this path. /m.q/j.p/r.e/p.s./