TIRANA, May 4 – The Unified Chambers of the Supreme Court, composed of 16 judges, set new standards for the use of the security measure “arrest in prison” and required concrete, individualized reasoning for its imposition and continuation. The president of the Supreme Court initiated the review to address inconsistencies in judicial practice and to align procedures with constitutional and European standards on personal liberty. In its decision, the court said judges must treat detention as an exceptional measure and assess each case individually based on specific facts rather than general formulations.
First, the court required judges to examine alternative, less restrictive measures and explain clearly why they do not suffice in each case. Second, it ruled that courts cannot base risk assessment only on the nature of the offense or possible sentence, and must instead evaluate concrete circumstances, including how the offense occurred and the personal situation of the suspect. Meanwhile, the court placed the burden of proof on the prosecution and required judges to verify the need for detention at every stage of proceedings. Third, it required continuous reasoning for detention decisions and clarified that courts cannot condition decisions on whether the defendant presents evidence. In conclusion, the court said the ruling strengthens guarantees for personal liberty, improves judicial reasoning, and ensures greater consistency and predictability in line with the Constitution, the Code of Criminal Procedure, and the case law of the European Court of Human Rights.
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