“Albania, the black sheep on pre-trial detention” – Deputy Minister of Justice: In 2027 we must align our laws with the EU

The amendments to the Criminal Procedure Code were the focus of a discussion with the Deputy Minister of Justice, Elona Hoxha, on the programme “Studio Live” on Report TV.

Hoxha said these amendments come as a result of the problems identified during the implementation of the current code, but also in the framework of the recommendations of international institutions and the need for alignment with European Union standards.

Deputy Minister Hoxha says the aim of these amendments is clear: “establishing a balance between the fight against criminality and respect for the fundamental human rights and freedoms during criminal proceedings”.

Hoxha stresses that a series of international reports describe Albania as the “black sheep” as far as pre-trial detention is concerned.

“Even Prime Minister Rama, during the presentation of the amendments to the Code, described that the rate of pre-trial detention in Albania is twice as high as in Russia”, she said.

“Currently, as we speak, there are around 2,300-2,500 pre-trial detainees, who are serving punishment without a final decision. They serve the punishment and still do not know whether they will be declared guilty by the court or not”, the deputy minister said.

According to Hoxha, the purpose of the amendments to the 105 articles of the Criminal Procedure Code is to establish a balance between the fight against criminality with stronger means, increased control through the court and guaranteeing fundamental human rights.

“The main change that the Criminal Procedure Code brings at this stage that we propose is that deprivation of liberty, or the measure of ‘imprisonment’, should be the last measure proposed by the court. Because we are in conditions where pre-trial detention is full”, Hoxha declared.

She underlined that a new approach to justice is needed, where alongside the judicial decision its social dimension is also taken into consideration.

“We are in conditions where we must believe and be with the culture that we must have as citizens, as justice institutions, that Justice is not only the giving of a decision, but also has the social part within it, the empathetic part, and the part of reintegration and rehabilitation.”

According to the deputy minister, since 1995, the Criminal Procedure Code’s legitimacy of giving guilt is being reviewed for the first time.

“We have 2 thresholds that are set. Coercive measures for offences punishable by up to 3 years, and imprisonment cannot be given for offences punishable by up to 5 years”, she said.

The amendments are still in the consultation phase and have not passed into the approval process.

“Next there will also be dedicated roundtables, with the participation of the Ministry of Justice and of the technical Secretariat. This is a process that continues. It is simply in the framework of proposals; we have not yet reached the approval phase.”

Hoxha announced that after the consultations are completed, the proposals will be subject to review in the parliamentary committees, where other comments and suggestions may be presented.

“After the completion of the consultations it will be submitted to the parliamentary committees, where there may also be other comments and suggestions. Until 28 October we expect comments from interest groups. Then we move to the parliamentary committees, but there may also be additional elements there”, Hoxha announced.

The Deputy Minister of Justice linked the change of the Code also with Albania’s European integration process.

“Now was the time, in the last kilometre toward the EU, some of our laws will need to be in line also with EU directives. This is one of those that must be so.”

“During 2027 we will need to be in a rush of work to align all the laws with the EU”, Deputy Minister Hoxha concluded.