Representatives from the judiciary, prosecution services, the People’s Advocate, the General Directorate of Prisons, the School of Magistrates, Parliament and academia convened for a high‑level conference to address the challenges posed by the disproportionate use of pre‑trial detention in Albania and to explore paths towards reform.
In his opening remarks, the Minister of Justice, Mr Besfort Lamallari, noted that the “excessive use of pre-trial detention is not just a statistical problem but a fundamental problem of human rights, the presumption of innocence and the proportionality of state intervention.”
Albania continues to have one of the highest rates of pre‑trial detention in Europe, underscoring the need to reduce its reliance on this measure and move away from an overly punitive approach. Laws and practice must be more closely aligned with European standards, including the case law of the European Court of Human Rights.
The Director General of Human Rights and Rule of Law of the Council of Europe, Mr Gianluca Esposito, welcomed Albania’s transparent approach to addressing pre‑trial detention, particularly in the context of the ongoing review of criminal legislation. He further noted that, under the case law of the European Court of Human Rights, pre‑trial detention must be subject to strict scrutiny to ensure that any deprivation of liberty is lawful, necessary and proportionate. He stressed that these safeguards protect the presumption of innocence, a fundamental pillar of justice. Pre‑trial detention, he concluded, should remain a measure of last resort.
International experts engaged by the Council of Europe highlighted the need to set offence‑based thresholds for pre‑trial detention, thereby excluding minor and non‑serious offences. They called for strict limits on the duration of pre‑trial detention and the availability of effective alternative measures.
During the discussion, participants underscored the systemic nature of the problem, pointing out challenges in both the legislative framework and institutional coordination.
As Albania continues its review of criminal legislation within the broader justice reform agenda, the Council of Europe stands ready to support the process and to work constructively with all actors involved.
The conference was organised by the Ministry of Justice of Albania in co-operation with the Council of Europe project Strengthening the capacities of the Albanian judiciary to better apply standards on the right to liberty and security. The project is funded by the Human Rights Trust Fund (HRTF), which brings together eight Council of Europe member states: Finland, Germany, Ireland, Luxembourg, Netherlands, Norway, Switzerland, United Kingdom.
