Albania continues to face one of the most sensitive and controversial challenges within its justice system: the excessive use of pretrial detention. Recent data and expert statements reveal a deeply troubling reality—Albania ranks among the European countries with the highest percentage of detainees held without a final court verdict. This situation is no longer just a statistical concern; it represents a structural problem that directly affects human rights, the presumption of innocence, and the proportionality of state intervention.
Pretrial detention, by its very nature, should be an exceptional measure. According to European standards, it must only be applied when absolutely necessary and for the shortest possible duration. However, in Albania, this legal principle often remains theoretical rather than practical.
Alarming Numbers: Over Half of Prisoners Without Final Verdicts
Since November 2025, more than 4,500 individuals have been held in Albanian prisons. What makes this figure particularly alarming is the fact that over half of these individuals are in pretrial detention, meaning they have not yet received a final court decision.
This reality places Albania in stark contrast with most European Union member states, where pretrial detention is used far more cautiously and for significantly shorter periods. In many EU countries, courts prioritize alternative security measures such as house arrest, bail, or reporting obligations. In Albania, however, detention remains the default option rather than the exception.
Legal experts warn that prolonged pretrial detention creates irreversible damage—not only to individuals and their families, but also to public trust in the justice system.
A Human Rights Issue, Not Just a Legal Statistic
As emphasized by justice expert Lamallari, the overuse of pretrial detention in Albania goes far beyond numbers. It directly violates core principles of the European Convention on Human Rights, particularly the right to liberty, security, and a fair trial.
“The data speaks clearly: excessive use of pretrial detention is not merely a statistical issue—it is a fundamental human rights problem,” Lamallari stated. He highlighted that Albania continues to maintain one of the highest pretrial detention rates in Europe, undermining the principle of presumption of innocence.
Holding individuals for extended periods without a final verdict effectively turns detention into a hidden punishment, contradicting both Albanian constitutional principles and European legal standards.
EU Candidate Status and the Need for Criminal Policy Reform
As a candidate country for European Union membership, Albania faces increased pressure to align its legal framework with EU norms. One of the most urgent reforms required involves abandoning the long-standing “harsh penal mentality” toward pretrial detainees.
Lamallari stressed that Albania must definitively move away from punitive approaches and adopt a justice model based on proportionality, legal safeguards, and human dignity.
The New Penal Code, he argued, must reflect sentencing margins applied across the European Union for the same criminal offenses. Excessive penalties and restrictive interpretations of procedural law contribute directly to unnecessary pretrial detention.
Why the Criminal Procedure Code Must Change
Equally critical is the need to reform the Code of Criminal Procedure. Current provisions often fail to clearly and unequivocally guarantee the same procedural protections for liberty and personal security that exist under EU law.
According to legal experts, reforms must ensure:
- Clear limitations on the duration of pretrial detention
- Strong judicial justification for continued detention
- Equal access to alternative security measures
- Full alignment with rulings of the European Court of Human Rights
Without these changes, Albania risks continued condemnation from international institutions and further delays in its EU integration process.
Social and Economic Consequences of Excessive Detention
Beyond legal implications, excessive pretrial detention imposes heavy social and economic costs. Families are destabilized, employment is lost, and reintegration becomes increasingly difficult—even for those eventually found innocent.
Moreover, overcrowded prisons strain public resources and reduce the state’s ability to focus on rehabilitation and crime prevention. This creates a vicious cycle that weakens both public security and social cohesion.
The Way Forward: Justice Reform as a National Priority
If Albania is serious about strengthening the rule of law and advancing toward European Union membership, addressing pretrial detention must become a national priority. Legal reform, judicial training, and a cultural shift within law enforcement institutions are all essential steps.
Reducing excessive detention will not weaken justice—it will strengthen it by restoring balance, fairness, and respect for fundamental rights.
The question is no longer whether Albania can afford to reform its approach to pretrial detention. The real question is whether it can afford not to.