A Guiding Paper has been developed to inform the review of the Criminal Procedure Code and related legislation, focusing on pre-trial detention.  The document aims to promote the alignment of Albania’s legal framework with European and international standards, including the jurisprudence of the European Court of Human Rights.

The paper calls for clearer legal definitions and explicit thresholds for pre-trial detention, such as minimum custodial sentences, to ensure detention is justified and proportionate. It recommends enhanced judicial reasoning and capacity-building, including continuous training for judges and prosecutors, to ensure detention orders are based on detailed, individualised justifications. Strict maximum time limits, substantive review standards, timely access to case materials, meaningful legal representation, and impartial duty-lawyer systems are urged to safeguard fair procedures.

A key recommendation is the broader use of alternatives to pre-trial detention, such as enhanced bail regimes, electronic monitoring, and no-contact orders, enforced by strengthened supervisory bodies. These measures reinforce the principle that pre-trial detention should be a last resort, used only when less restrictive measures prove insufficient.

Recognising the role of judicial and legal culture, the Guiding Paper recommends for Albania to develop an institutional strategy to reduce the ratio of pre-trial detention, anchored by clear vision, mission, values and well-defined strategic objectives.

This Guiding Paper has been prepared by the Council of Europe project “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), and the Economic Crime and Corruption Department.

* The Human Rights Trust Fund (HRTF) brings together eight Council of Europe member states: Finland, Germany, Ireland, Luxembourg, Netherlands, Norway, Switzerland, United Kingdom.

Guiding Paper in light of the Review of the Criminal Procedure Code of Albania regarding Pre-Trial Detention (Download).