Former prosecutor Eugen Beçi has commented on the decision taken by the Supreme Court regarding pre-trial detention.
Invited to "This Week" with author and moderator Nisida Tufa in News24, Beçi stated that the decision is a signal to show that the security measure "Arrest with imprisonment" has been used abusively.
According to him, this measure is often applied automatically, without in-depth analysis of each individual case.
He stressed that detention should be a measure of last resort and not a common standard, adding that courts have often used general formulas without individualizing concrete cases.
According to him, the Supreme Court's decision reminds courts that they must clearly argue why alternative measures are not sufficient.
"It is not a strong signal, it is simply a signal. A strong signal would be to amend the Criminal Procedure Code, to define the precise measures and criteria for security measures. It is a signal to show that the security measure of arrest with imprisonment in recent years has been a measure that was imposed automatically, an accusation was enough and this measure was assigned. There has been abuse, because the security measure is an exception, not a standard. This measure has become an unacceptable normality by the Constitution and the European Convention on Human Rights. It is impossible that in assigning this measure there is no concrete evidence to prove the risk of leaving the country, the destruction of evidence and the fact that another criminal offense may be committed. Courts often dealt with standard formulations without going into the individualization of specific cases. The Supreme Court, with its decision, told the courts that elements must be taken into account, including an explanation of why other security measures are inappropriate. Detention is not a punishment, it has often become a spectacle method that "Then you turn the simple fact around, the person you take into investigation and punish before you judge him. It has become a way for justice to say I did the job because I imposed these measures. Arrest in prison is the last resort, the last security measure, arrest in prison is an element to ensure a normal investigation, it is not part of the punishment," he said.
