Justice Minister Toni Gogu, together with the Council of Europe, presented proposed amendments to Albania’s Criminal Procedure Code today. The initiative launches a public consultation on a broad reform of criminal procedures. The proposals focus on pre-trial detention, alternatives to imprisonment, stronger safeguards and the protection of individual rights.
In the presence of the Prime Minister, Council of Europe representatives and senior justice officials, Gogu referred to the case of Afërdita Hysa, examined by the European Court of Human Rights. He stressed the need for clear reasoning behind every decision that restricts individual liberty.
Gogu also cited Council of Europe data showing that, in 2024, almost six in ten people in Albania’s prisons had not received a final court ruling. Meanwhile, pre-trial detention in courts of general jurisdiction lasted around 253 days on average.
The minister stressed that pre-trial detention should remain an exceptional measure. He said the seriousness of an alleged offence alone should not justify restricting someone’s liberty. Authorities must also explain why less restrictive measures would not be sufficient.
The amendments would strengthen defense rights during investigations. They would also limit access to personal data from seized phones, reinforce the presumption of innocence and add safeguards for victims of domestic violence. Gogu also highlighted alternatives to pre-trial detention. He said the government has allocated funding for electronic monitoring. The Ministry of Justice plans to make the system operational by next spring.
In addition, Gogu proposed a joint strategy on pre-trial detention with the High Judicial Council and High Prosecutorial Council. The strategy would focus on judicial decisions, alternatives to detention and greater transparency. The public consultation will remain open until October 28. Gogu invited judges, prosecutors, lawyers, academics and civil society representatives to contribute.
“The rule of law must address both challenges: fighting crime without undermining the presumption of innocence, and protecting society without treating an accusation as a conviction,” Gogu said.
He said the proposed amendments aim to strengthen the justice system while protecting public safety and individual liberty.
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