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Arrest in prison/ Today the Supreme Court expresses its opinion on the recognition of judicial practice

2026-05-04 07:56:52Aktualitet SHKRUAR NGA REDAKSIA VOX

Arrest in prison/ Today the Supreme Court expresses its opinion on the

The Supreme Court will rule today on the consideration of judicial practice regarding the conditions and criteria for applying the security measure "prison arrest".

This Monday at noon, the Colleges will express their opinion on the request of the Tirana Appeals Prosecutor's Office for the case of Bektesh Zeneli, which became the reason for the meeting of the Supreme Court judges on whether or not to change the 2011 unifying decision, to which the judicial bodies currently refer for determining the measure of arrest.

Along with the decision, it is expected that the decision on the decision-making of the United Colleges will also be announced in the public session, but it is not known how the 16 judges voted for and against. For that decision to be approved, a majority of the judges must vote in favor of the initiative taken by the President of the Supreme Court, Sokol Sadushi.

On April 9, the Joint Panels of the Supreme Court met, summoned by President Sadushi, to review the unifying decision of 2011 on the measure of securing detention in prison and its duration.

There are at least three points that, according to the head of the Supreme Court, Sokol Sadushi, need to be reviewed. The first is related to the fact that according to the 2011 decision, the court is not obliged to analyze why other types of security measures are not appropriate. However, the ECHR states that “the courts’ arguments in favor of or against release should not be general, but contain references to specific facts and personal circumstances that justify the applicant’s detention.”

The second element for which the review of the 2011 decision is requested is related to the fact that, unlike the current situation, the dangerousness of the perpetrator cannot be determined by the criminal offence itself. The European Court has ruled that the seriousness of the offence or its consequences do not constitute independent reasons justifying detention with imprisonment.

And third, according to the unifying decision of October 2011 by the Supreme Court, it is stated that in order to determine inappropriate detention in prison, it should be the accused who provides the argument why. So it should be the accused who says why he should not remain in prison. So the burden of proof is placed on the accused and not on the court or the prosecution. This is contrary to Western practice, therefore, according to the head of the Supreme Court, this requires change.


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