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GJKKO appeal takes detention law to Constitutional Court: No one can be held in prison for the fault of an abuser

2026-01-13 17:37:46Aktualitet SHKRUAR NGA REDAKSIA VOX
GJKKO appeal takes detention law to Constitutional Court: No one can be held in
Constitutional Court

The Court of Appeal of the GJKKO has addressed the Constitutional Court to repeal part of Article 265 of the Code of Criminal Procedure, which allows for the collective suspension of pre-trial detention terms.

According to the Appeal, today it is enough for one defendant to delay the process for all the others to be kept in prison, violating the Constitution and the European Convention on Human Rights.

If the Constitutional Court accepts the request, detention will be linked only to individual responsibility and no longer to the guilt of others in the same file.

Detention is one of the most debated issues in recent months in the country, partly due to the high number of detainees in Albania.

Recently, the Special Appeals Court against Corruption and Organized Crime has addressed the Constitutional Court to request the repeal of part of Article 265 of the Criminal Procedure Code, which relates to the suspension of pre-trial detention periods.

Essentially, the GJKKO appeal assesses that this article, in its current form, violates the constitutional rights of the defendants, as it does not provide for the suspension of pre-trial detention terms to be applied in a personalized manner to each defendant, but in practice is collectively affecting co-defendants as well.

In a hypothetical case, in a file with 10 detained defendants, under current law, it is sufficient for one of the defendants or his lawyer to delay the court process for the detention periods to be suspended for all those involved in the case, even for those who have not committed any action that impedes the trial.

The GJKKO argues that this situation conflicts with Articles 17, 27 and 28 of the Constitution, as well as Article 5 of the European Convention on Human Rights, which guarantee the right to personal liberty and prohibit punishment without individual responsibility.

This change requested by the GJKKO appeal, at first glance, seems to be consistent with the decisions of the International Court of Human Rights in Strasbourg, which has ruled that: "The state cannot justify the detention of a person by the conduct of others."

If the Constitutional Court rules in favor of the GJKKO, then the suspension of pre-trial detention deadlines will have to be applied only to the defendant who caused the delay and not to all persons involved in the same criminal file.

The Constitutional Court's decision, if the GJKKO Appeal request is accepted, is expected to have a direct impact on SPAK's large files./ oranews


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