 |
| One of the detention centers on the outskirts of Tirana |
The overcrowding in the pretrial detention system in Albania has drawn criticism from the Council of Europe as well as representatives of institutions and organizations advocating for human rights in the country. According to official statistics, the pretrial detention population has been consistently high for two decades, currently standing at around 30% above the European average. State authorities, the Ombudsman, and legal experts emphasize the importance of enforcing criminal legislation, arguing that the security measure of "pretrial detention" should be the last resort applied by prosecutors and judges, among other coercive measures, local media report.
In Albania, human rights advocacy groups and the Ombudsman are raising concerns about the continuous increase in the population held in pretrial detention institutions. Recently, even the Council of Europe highlighted this issue and recommended that authorities take measures to address it. According to official data from detention facilities, there are over 5,670 individuals, 59% of whom are in pretrial detention, a figure that is over 30% higher than the European average.
For observers of these developments, these statistics place Albania at the bottom of the list among countries in the region and Europe in terms of the high number of pretrial detainees relative to the overall prison population, reflecting significant issues in the violation of personal liberty, as individuals are presumed innocent but are practically in prison. Many legal experts believe that pretrial detention should be the last resort and that this situation has arisen due to the misapplication of the law.
"The question arises - why do we need to incarcerate so many people? Investigate thoroughly, bring the case to trial, and not always resort to pretrial detention. The prosecutor proposes this measure, the court approves it, and those who see the measure as unjust appeal, then go to the higher court, burdening the system. Why does this happen? Because of the misapplication of the law," expressed Blerta Kraja, a lawyer, to Voice of America.
The security measure of "pretrial detention" in the Code of Criminal Procedure ranks last among the 7 types of coercive measures provided for by criminal legislation, including travel bans, mandatory appearances at the police station, financial guarantees, or house arrest. The number of pretrial detainees in Albania, relative to the total prison population, has been high in the past two decades. In 2001, it was 47.8% of the total, in 2015 it dropped to around 30%, and after this year, coinciding with the start of the justice reform, it has been increasing significantly and is currently around 59%.
According to analysts, the Justice Reform, which began 7 years ago, created significant gaps in the system with the removal of judges and prosecutors from the Vetting process, leading to delays in investigation and trial deadlines, and consequently, the duration of pretrial detention for individuals under this security measure.
The Ombudsman, Erinda Ballanca, regarding this issue, argues that there is a general misconception in Albania that anyone accused of a criminal offense must be immediately incarcerated.
"Prison should be the last resort, this is the spirit. Security measures should be treated fairly and by the court. The court should take into account the essence of justice reform because the goal was not to fill prisons, but only those individuals according to legal criteria," stated Erinda Ballanca, the Ombudsman.
Albania also has a high number of individuals sentenced in absentia, around 180-190 sentenced per 100,000 inhabitants compared to the European average of 140.
Some statistics from the General Directorate of Prisons, provided by Voice of America, provide a clearer picture of some elements believed to have increased the population of pretrial detainees. They relate to the increase in the number of criminal cases, which nearly tripled in 2015 compared to the early 2000s, while in recent years, they have decreased by 25%, but still remain twice as high as two decades ago.
Authorities list among the main reasons for the increase in the number of pretrial detainees, the increased efficiency of criminal justice institutions (only in prison, 313 out of 400 pretrial detainees are subjects of SPAK) as well as the difficulties encountered by prosecutors in gathering evidence. Recently, these difficulties have been compounded by gaps in the justice system as a result of the vetting process.
"Prosecutors need evaluations from legal medicine, toxicology, cybercrime police, and other institutions. There are many delays from state expertise, but nevertheless, prosecutors and judges tend to resort to pretrial detention compared to other measures. Why does this happen in my opinion? It can also happen due to pressure on the justice organs, mainly on the prosecution, as well as due to lack of evidence, and they are often inclined to forget the concept that prison is the last resort," expressed Fehmi SufaJ, Deputy Director of the General Directorate of Prisons, to Voice of America.
But jurists also have another social perspective, drawing attention to the toughening of penalties for offenses such as theft of electricity or unauthorized constructions a few years ago. Blerta Kraja, a lawyer, believes that social issues are not solved by offering prison as an alternative.
"Poverty is not regulated by prison. Regarding the theft of electricity, I agree that a factory director should be punished when stealing energy in collaboration with a director from OSHE. But not a poor person, when we have not defined the minimum standard of living, they may not have bread, they have to turn on the lights to watch VAT, and children do their homework. Some time ago, some residents were arrested in Theth for unauthorized construction. For the tower in Theth, we criminally convict, while for the tower in Tirana, it is confiscated and becomes legal acts. Developers are given the right of preemption. How does the state see its citizens, is there equality here? In which community of lawyers will we raise these concerns about these legal provisions that are almost inhumane?" expressed Blerta Kraja, a lawyer, to Voice of America.
The Ombudsman believes that this issue takes on another dimension if, in addition to the parameters of the Council of Europe and respect for human rights, the high financial costs per day for a convict are also assessed. In Albania, according to official authorities, this cost is 24 euros.