Albania’s High Court Moves to Reassess Pretrial Detention Practices
Supreme Court of Albania has launched a review of existing judicial practices concerning pretrial detention, in a move aimed at strengthening legal standards for court decisions on security measures.
The initiative follows a decision by the court’s president, Sokol Sadushi, who has called on the court’s United Chambers to re-examine a 2011 unifying decision regarding the use and duration of pretrial detention.
Under the proposed changes, court rulings that impose the measure of “arrest in prison” would need to be fully reasoned, individualized and comprehensive, clearly explaining why detention is necessary instead of alternative measures.
The review also emphasizes that it should be the responsibility of the court to justify why detention should continue, rather than requiring the accused to prove why it should end. Additionally, the perceived dangerousness of an accused individual should not automatically lead to detention based solely on the criminal offense they are suspected of committing.
The decision seeks a new interpretation of Articles 228 and 230 of Albania’s Code of Criminal Procedure, aligning judicial practice more closely with the standards of the European Convention on Human Rights.
The move comes amid growing concerns over the use of pretrial detention in Albania. Authorities have acknowledged the issue, and the government has begun considering potential legislative changes to address the situation.
International institutions have also repeatedly raised concerns about the country’s detention practices, urging reforms to ensure that pretrial imprisonment is applied only when strictly necessary and supported by clear judicial reasoning.
The United Chambers are expected to examine key questions including how courts should determine the risk posed by an accused person, when alternative security measures should be considered, and how the risk of evidence tampering should be evaluated.





