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The possibility of amending the 2011 unifying decision and setting standards for deprivation of liberty is being considered.
The Supreme Court is expected to issue a decision today that directly affects the way courts impose the security measure "prison arrest." At the meeting scheduled for around 2:00 PM, the Joint Colleges will consider whether the unifying practice adopted in 2011 should remain in force or be changed.
This practice has so far served as a guide for courts at all levels when deciding on the restriction of a person's freedom during an investigation. The initiative for its review was taken by the President of the Supreme Court, Sokol Sadushi, who has requested a new interpretation in accordance with the standards of the European Court of Human Rights.
In the accompanying material, Sadushi highlights several cases handled by this court, including the case of former RTSH director Thoma Gëllçi. In that case, detention was considered contrary to fundamental rights, raising questions about the way the criteria for “prison arrest” were applied.
According to the document, the measure of deprivation of liberty must be based on several necessary elements. The court must verify the existence of reasonable suspicions of the commission of a criminal offense, analyze the risk posed by the specific person, and assess whether there is a possibility that he will evade justice. The risk of interference with evidence or influence over witnesses must also be considered.
At the heart of the review lies a question related to the interpretation of “special dangerousness.” The Joint Panels must determine whether this dangerousness can be inferred solely from the nature of the criminal offense, its gravity or the extent of the penalty provided, or whether a specific analysis is required for each individual and each case.
This decision is expected to have an impact on judicial practice, as a possible change will force courts to deepen the individual assessment before imposing the most severe security measure. On the contrary, maintaining the current practice in force will preserve the existing approach to interpreting these criteria.
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