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The School of Magistrates, in cooperation with the Project of the Council of Europe, “Strengthening the capacities of the Albanian judiciary to better apply standards on the right to liberty and security”, on 20 November, 2025, had the training activity on topic: “Conditions and criteria for assigning insurance measures. Establishment and implementation of several measures simultaneously. The calculation of terms in the case of the existence of some measures of arrest and imprisonment. Detention terms according to Article 263 of the Code of Criminal Procedure, the moment of the deadline, the possibility of extending the term. Judicial practice related to requests for the extension of the detention period and cases where the periods have ended without the court having yet issued a decision on their extension. Judicial practice related to requests for the extension of the detention period and cases where the periods have ended without the court having yet issued a decision on their extension. Legal framework and ECtHR jurisprudence on the deprivation of liberty. Definition and scope of Article 5 of the ECtHR: key definitions such as "lawful arrest”, “reasonable suspicion " and "purpose of arrest". Differences between administrative detention, preventive detention and criminal detention according to Albanian legislation. ECtHR jurisprudence on the legality and arbitrariness of arrest – the interpretation of "lawfulness" and "in accordance with a procedure established by law".
This activity was conducted by:
Mr. Sandër Simoni, judge in the High Court, Mr. Aurel Arapi, judge in the First Instance Court of Tirana, as well as Mrs. Silvia Martínez Cantón, Liaison Magistrate for France and Switzerland, expert of the Council of Europe.
This training is focused on the legal framework and the judicial practice that is related with the imposing of measures of safety and pre-trial detention. Participants will receive knowledge on the conditions and criteria for the application of these measures, the method of the calculation of the terms when some prevention forms are overlapped, as well as specific deadlines and procedures of extension according to the Article 263 of the Code of Criminal Procedure. Special attention is paid to the judicial practice in cases when terms of pre-trial detention become invalid without an in time decision of the court, evidencing the risks of the illegal deprivation of liberty.
Sessions elaborated also the jurisprudence of the European Court of Human Rights on Article 5 of the European Convention on Human Rights, by explaining the main concepts such as “lawful arrest,” “reasonable suspicion” and "purpose of arrest.” Also, were discussed the differences between the administrative ban, preventive detention and criminal pre-trial according to the Albanian legislation and jurisprudence of courts on legitimacy and arbitrariness.
This training intends to consolidate the capacity of participants to apply the domestic law in harmony with international standards of the human rights, specifically the jurisprudence of the European Court of Human Rights.
The training was realized by combining presentations (up to 20 - 30 min) with the discussion of issues brought for discussion (self-study questions, questions, answers) and case law exercises & quizzes to encourage and realize the active interaction of participants.
In this training activity participated judges, prosecutors and officers of the judicial police of the Republic of Albania.
