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The European Court strikes the Albanian courts: human rights are being violated with the "prison arrest" security measures

2024-01-17 21:16:35Aktualitet SHKRUAR NGA REDAKSIA VOX
The European Court strikes the Albanian courts: human rights are being violated
Strasbourg Court

A decision of the Strasbourg Court shows how the decisions of the Albanian courts on the use of detention measures on the accused have been applied outside the legal criteria and in violation of the European Convention on Human Rights.

Specifically, in the "Hysa v. Albania" case, an Albanian citizen, who was held in custody on the charge of abuse of office, claimed before the ECHR that there were no adequate and sufficient reasons from the local courts to justify her detention.

Earlier, the applicant had appealed the measure against her in the local courts, claiming that the detention was neither justified nor proportionate. Afërdita Hysa based the lack of justification on the fact that she had turned herself in to the police and there was no risk of her escaping, as she was married to a police officer and the mother of two small children.

After reviewing the case, the European Court ruled in favor of the complainant and came to the conclusion that Article 5, Point 3 of the European Convention on Human Rights (the article related to freedom and security) was violated, as the domestic courts did not give adequate reasons and sufficient for the first period of the applicant's imprisonment.

Only the importance of the criminal offense according to the ECHR is not enough to bring detention. The ECtHR argues that imprisonment requires reasonable suspicion and that the potential risk of escape was not properly addressed by the Albanian courts.

Under these conditions, the Albanian courts have not provided important and sufficient reasons for the applicant's detention, bringing about the violation of Article 5 of the ECHR on their part.

"According to the consolidated judicial practice of the court, based on Article 5 point 3, the continuation of a reasonable suspicion is a "sine qua non" condition for the validity of detention. But after a certain amount of time has passed – that is, since the first court decision ordering prison arrest, it is no longer sufficient. Then the court must decide if there are other reasons that continue to justify the deprivation of liberty...", the decision states.

"Justification for any period of imprisonment, regardless of how short this period was, must be convincingly demonstrated by the authorities", says the ECtHR.


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