Lawyer Jordan Daci, guest on the show "This Week" IN News24, commented on the Supreme Court's review of a key issue related to changing judicial practice on security measures.
According to Daci, the decision being discussed for change dates back to 2011 and, according to him, has been one of the main factors that led to the mass imprisonment of citizens.
"This decision has exceeded the spirit of the law and the Code of Criminal Procedure, especially in relation to the measure of arrest in prison. It was wrong at the time and should have been changed in time," he said.
However, the lawyer warned that the changes currently being discussed could worsen the situation, if they are not accompanied by a clear rationale that will guide the courts in their implementation.
He stressed that Albanian law is not unclear about security measures, as it provides that they be based on "reasonable suspicions supported by evidence", but the problem lies in the approach of the courts and the lack of care for individual freedom.
“Freedom is a sacred principle, but we have traded it for the sake of security or the punishment of crime,” Daci said, adding that this approach has also been reflected in previous decisions that have been criticized by the European Court of Human Rights.
Speaking about the functioning of the Supreme Court, he emphasized that until two years ago the institution did not have the necessary number of judges to convene the Joint Panels, while today it is in full functioning condition.
"Such discussions would have been a luxury two years ago due to the workload and lack of judges. Today it is no longer tolerable not to address the standard of security measures," he said.
Daci raised serious concerns about the use of pre-trial detention in Albania, emphasizing that it has become a systemic problem, which has gone without public reaction for many years.
"Pre-trial detention only became a problem when it started affecting people in power. When citizens were arrested for trivial matters, there was no reaction," he said, adding that Albania ranks among the countries with problematic standards in criminal justice.
According to him, the Albanian system often prides itself on the number of convictions, while innocence and respect for human rights should be valued more.
"People are happy when someone is arrested and convicted, but we should be happy when someone is found innocent. You can't put someone in prison to stand trial and then release them. That doesn't happen in a democratic world," the lawyer stressed.
Finally, he added that the problem is also related to the training of judges through the Magistrates' School system, while underlining that the role of SPAK is often misunderstood.
"SPAK is a party to the process and is doing its job. The court is the one that should maintain the balance. If this balance is missing, the problem is not with SPAK," Daci concluded.
