THE WESTERN BALKANS TRIAL MONITORING REPORT FACTSHEET
From Paper to Practice Evaluating the Effectiveness of Judicial Responses to Serious Organised Crime and Corruption Review Period July 2021 - March 2024
ALBANIA Trial monitoring results on serious organised crime and corruption (OCC) cases
HOW FOCUS The Project's Methodology, fairness developed and adapted f by the OSCE ODIHR based on its Trial Monitoring Manual & drawing on the efficiency extensive experience of OSCE field operations in monitoring OCC cases, encompasses trial monitoring from capacities/performance the confirmation of indictment to the final and binding verdict. strategic use of judicial tools CASES UNDER MONITORING Specialised Court of First organised crime corruption Instance for Corruption and 30 Organised Crime 25
number of cases 20 Specialised Court of Appeal 15 for Corruption and Organised Crime 10
5
0 cases
REPORT FINDINGS The Project’s trial monitoring identified symptoms of systemic challenges at the institutional, legislative and policy level. However, initiatives are already underway to address many aspects of the issues identified in this Report. These include the adoption of the High Judicial Council’s guidelines on transparency of Specialised Courts for Corruption and Organised Crime when communicating with the public and the media. In addition, the Albanian Special Prosecution Office now has an increased number of investigators and financial experts, which has led to improvements in the quality of financial investigations and the processing of money laundering cases. These are some of the substantial investments, that with sustained efforts can lead to substantial progress.
The main identified areas for further improvement relate to: LENGTH OF PROCEEDINGS FROM INDICTMENT TO LENGTH OF PROCEEDINGS FINAL JUDGEMENT, IN MONTHS
organised crime corruption percentage of productive 40 hearings 30 use of case management 20 deterring & addressing delaying tactics by defense 10 lawyers 0 first instance/appeal final JUDICIAL ACTS TRANSPARENCY
charges substantiation consistency in publication of judgements details on financial gain or damage responses to civil society reasoning information requests
FAIR TRIAL RIGHTS 48.1% of legal representation quality unproductive court practice on the hearings are caused suspension of the pre-trial by absence of detention defense lawyers
WAY FORWARD TRACK RECORD IMPACT BUY-IN Create preconditions for Aim for changes that Address resistance to an effective track record make an immediate change, accounting for in combatting OCC. difference. operational practices and working cultures. STRENGTHEN TRANSPARENCY AND ACCESS TO INFORMATION IN OCC CASES by implementing guidelines regulating the relationship of SCCOC courts with the public and the media.
ENSURE FAIR TRIAL RIGHTS AND EFFECTIVE LEGAL REPRESENTATION by facilitating adequate increase in the fees of ex officio lawyers and harmonizing the suspension of pre-trial detention with international standards.
IMPROVE THE STANDARD OF INDICTMENTS AND JUDGEMENTS by developing specific tools and templates as well as internal review mechanisms..
ENSURE EFFECTIVE CASE MANAGEMENT by strengthening effective case management and revising the subject matter jurisdiction of the SCCOC courts
This publication was produced with the financial support of the For more on the Regional Trial Monitoring project go to European Union. Its contents are the sole responsibility of the www.osce.org/WesternBalkansTrialMonitoring or OSCE and do not necessarily reflect the views of the European follow us in SoMe #RegTrialMonitoring Union.