The United Colleges of Albania’s High Court on Monday unanimously revised a 2011 unifying decision governing pre-trial detention, introducing stricter requirements for the use and justification of “arrest in prison,” the most severe restriction of personal liberty.

The new interpretation emphasizes that detention in prison must be considered an exceptional measure, to be imposed only after courts have genuinely examined less restrictive alternatives. Judges are now required to provide individualized, case-by-case reasoning explaining why alternative measures are insufficient.

The move follows years of amendments to Albania’s Criminal Procedure Code and multiple rulings by the European Court of Human Rights against the country, particularly in cases involving excessive pre-trial detention. These developments had rendered the 2011 decision outdated and misaligned with current legal standards.

The review process was initiated on April 9 at the request of High Court President Sokol Sadushi, during proceedings related to a prosecution appeal against an appellate ruling that had replaced prison detention with house arrest for a suspect found with over 7 kilograms of cannabis.

Announcing the decision, Sadushi said the court’s guidance must now be interpreted in line with the exceptional nature of detention, the obligation for concrete and verifiable reasoning, and the need to assess less restrictive measures in a meaningful way.

Under the revised framework, courts must explicitly justify why alternatives such as house arrest or other security measures are inadequate, basing their reasoning on specific facts and circumstances of each case. The decision also requires a detailed evaluation of the defendant’s risk, including the nature of the offense, the manner in which it was committed, its consequences, and the individual’s behavior and personal characteristics.

Importantly, the ruling shifts the burden of proof. Whereas previously defendants were expected to argue against detention, prosecutors must now demonstrate the necessity of imprisonment. They are required to present concrete evidence and arguments showing both the specific risk posed and the inadequacy of less restrictive measures. Courts, in turn, must verify and justify this necessity at every stage of proceedings.

The High Court clarified that the seriousness of an offense alone is no longer sufficient grounds for detention. Instead, judges must rely on a combined assessment of factors tied to both the alleged crime and the individual involved.

The decision, which carries the force of law for Albania’s judicial system, will take effect upon publication in the official gazette. It is expected to have immediate implications not only for future cases but also for individuals currently held in pre-trial detention, who may now seek a review of their security measures under the updated standards.