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Rama reads the EC report with interest, to defend Balluk: Albania has a negative record in detentions
2025-12-21 13:42:26 / POLITIKË
During this Sunday's episode of the podcast "Flasim", Prime Minister Edi Rama, after making it clear that the SP will not approve SPAK's request to lift Balluk's immunity. To defend his right wing and show that SPAK is wrong, Rama read a report by the European Commission regarding the exercise of judicial power in Albania.
In the multi-page report, where the EC lists several problems of the Albanian state, the Prime Minister once again showed that, when it comes to manipulation, there is no report that catches his eye. He stated that the EC emphasizes that the high number of pre-trial detentions creates an absolute negative record, compared to other countries in the region.
Meanwhile, for the other pages, it seems that the Prime Minister has not had time to read them, but as a reminder, the report emphasizes that Albania faces serious problems related to the May 11 elections, mass emigration, political polarization, informality in the labor market and social challenges, which, according to the European Commission, remain unresolved and require deeper and more comprehensive reforms.
" As I mentioned a few days ago, we have begun an in-depth analysis of the disturbing signs of brutality in the exercise of judicial power, after two very strong culminations: The antidemocratic suspension of a member of the government by a court prosecutor with a first-instance decision and the attempt by magistrates, judges and prosecutors of Albania to increase their own salaries, tearing apart the state coffers. Ali himself and Kadi himself.
Among other things, these days, I have reread a report from some time ago, written by experts from the Council of Europe on the brutal and massive use of pre-trial detention in Albania - an absolutely negative record of Albanian justice, which has placed Albania in the worst position in Europe, but not simply at the bottom, but with a frightening difference from the region and the rest of Europe, yes.
Let me share with you some key points from this report:
First: Excessive use and unjustified duration of detention
Albania maintains an extremely high level of pre-trial detention, with figures that are clearly far from the practices of EU countries. Courts routinely extend pre-trial detention without any individualized justification and without showing that the continuation of this measure remains strictly necessary and proportionate.
Second: The quality of judicial reasoning and control leaves much to be desired.
Detention decisions are often based on vague legal notions (“important reasons”, “special risk”) and courts tend to use standard formulas, without making a proper assessment of the case. The report highlights the lack of a culture of in-depth reasoning.
Third: Lack and inconsistent implementation of alternative measures to detention
Judges tend to treat pretrial detention as the first option, the most desirable one, and not as a last resort, routinely ignoring other measures and, moreover, filling prisons with more unconvicted people than convicted ones, which makes Albania a completely original country in its brutality.
Fourth: Failure to guarantee the right to defense
The current framework still does not fully guarantee effective access to a lawyer from the earliest stages of the proceedings. The availability of case materials can be delayed, and there is a lack of systematic audio/video recording of interrogations. All this money, all this funding given in support of justice reform and justice institutions, and today people are being questioned all day long without video, without audio. This is a very big question mark. And this – says the report – weakens the ability of the defense to challenge the legality of detention and the content of the accusation.
And finally – from the points I have drawn, the report is chilling, considering that it is also written in the very diplomatic language of the Council of Europe – Structural and cultural dimension
Although the Albanian legal framework is broadly in line with European standards on paper, there is still a tendency to presume the need for detention, rather than the presumption in favour of liberty, and the practice of applying proportionate and individually justified measures is lacking. A strategic change is required – including clearer legal definitions, stronger control by appellate courts and a functioning system of alternative measures.
"Let's move on to the next note. We will have plenty of time ahead to talk about all of this ," Rama said.
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