Prime Minister Edi Rama commented this Sunday, in his podcast "Flasim", on the situation of the judicial system in Albania, describing the use of pre-trial detention as an extreme and often unjustified measure.
According to Rama, reports by Council of Europe experts show that Albania maintains an extremely high level of people in detention, far from the practices of European Union countries.
“As I mentioned a few days ago, we have begun an in-depth analysis of the worrying signs of brutality in the exercise of judicial power, after two very strong culminations: The antidemocratic suspension of a member of the government by a prosecutor and a court with a first-instance decision and the attempt of magistrates, judges and prosecutors of Albania to increase their own salaries, tearing the state coffers. Ali himself and Kadi himself. Among other things, these days, I have reread a report some time ago, written by experts from the Council of Europe on the brutal and massive use of pre-trial detention in Albania – an absolute negative record of Albanian justice, which has placed Albania in the worst position in Europe, but not simply at the bottom, but with a frightening difference from the region and the rest of Europe, yes. Let me share with you some key points of this report: First: Excessive use and unjustified duration of pre-trial detention Albania maintains an extremely high level of of persons in detention, with figures that are clearly far from the practices of EU countries. Courts routinely extend the measure of detention, without any individualized justification and without showing that the continuation of this measure remains strictly necessary and proportionate”, said Rama.
The Prime Minister added that courts often rely on vague legal notions and use standard formulas without a proper assessment of the case, while detention is treated as the first option and not the last resort. This process, he said, has led to overcrowding of prisons with unconvicted persons, making Albania a special case compared to Europe.
“Second: The quality of judicial reasoning and control leaves much to be desired. Detention decisions are often based on vague legal notions ('important reasons', 'special risk') and courts tend to use standard formulas, without making a proper assessment of the case. The report highlights the lack of a culture of in-depth reasoning. Third: Lack and inconsistent implementation of alternative measures to detention. Judges tend to treat detention as the first option, the most desired one, and not as a last resort, routinely ignoring other measures and, moreover, filling prisons with more unconvicted persons than convicted, which makes Albania a completely original country in its brutality, ” he said.
Rama emphasized the need for a strategic change, which includes clearer legal definitions, stronger control by appeals courts, and the implementation of a functional system of alternative measures.
"Although the Albanian legal framework is in general compliance, generally with European standards on paper, tendencies to assume the need for detention, instead of the presumption in favor of freedom, continue to be present, and the practice of implementing proportionate and individually justified measures is lacking. A strategic change is required, including clearer legal definitions, stronger control by the courts of appeal and a functional system of alternative measures," said Rama, warning that this topic will be discussed further and that justice reform requires continued commitment.