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Strengthening the alignment with European Court case law and European standards on pre-trial detention in Albania

To mark the International Human Rights Day, the Council of Europe Office in Tirana hosted a workshop that brought together 35 judges, state advocates, legal advisors, and judicial experts to engage in a critical discussion on the European Court of Human Rights' case law concerning pre-trial detention. The event aimed to advance the efforts in aligning Albania’s domestic legal practices with the standards set by the European Convention on Human Rights.

The participants focused on recent rulings by the European Court related to Article 5 of the Convention, which safeguards the right to liberty and security. Key topics included the criteria for lawful detention, judicial reasoning, procedural safeguards, and the use of alternatives to pre-trial detention. Speakers acknowledged the significant progress Albania has made in aligning its judicial practices with European standards but emphasized that ongoing capacity-building and enhanced inter-institutional cooperation are essential for continuous improvement.

Representatives from the State Advocate’s Office, the Registry of the European Court, the Department for the Execution of Judgments, and international experts offered valuable guidance and shared comparative insights on judicial reasoning in pre-trial detention decisions. The discussions underscored the importance of domestic courts viewing pre-trial detention as a measure of last resort and more systematically utilizing alternative measures.

Participants also emphasized that the protection of liberty is a collective responsibility shared across the judiciary, prosecution, and other public institutions. The European Union and the Council of Europe continue to provide steadfast support in this process. Albanian legal professionals reaffirmed their commitment to strengthening judicial reasoning and fostering greater cooperation between courts, prosecutors, and public authorities.

This event was organised by the Action on “Improving the protection of the right to property and facilitating execution of ECtHR judgments in Albania”, part of the joint European Union and Council of Europe programme “Horizontal Facility for the Western Balkans and Türkiye”, and the Council of Europe project on “Strengthening the capacities of the Albanian judiciary to better apply standards on the right to liberty and security”, funded by the Human Rights Trust Fund (HRTF) in co-operation with the State Advocate's Office of Albania.

Tirana 10 December 2025
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