Lawyer launches blistering criticism of SPAK practices after winning Strasbourg case on unjust detention

Dorian Matlia, the well-known lawyer and activist who successfully represented the former director of the Albanian public broadcaster RTSH, Thoma Gëllçi, in his case before the European Court of Human Rights (ECHR), has strongly criticized SPAK’s use of pretrial detention. In an interview with Report TV, Matlia accused SPAK of turning arrests into a publicity stunt and implementing a “repressive justice” system that violates European legal standards. His victory in Strasbourg set a legal precedent, as the court ruled that SPAK detained Gëllçi without sufficient legal grounds and failed to consider alternative security measures.

Why is this important: The Strasbourg ruling exposed serious flaws in SPAK’s detention practices, raising serious concerns that Albania’s justice system is violating human rights. Matlia warns that many more cases could follow, as 60% of Albania’s prisoners are still awaiting trial, held in conditions that may not meet European legal standards. Matlia’s criticism is particularly striking, as he is widely recognized for his political independence. In fact, he has consistently criticized the government and has built a long, distinguished career as an activist lawyer, advocating for individuals in high-profile cases against the state, including the Gerdec tragedy and the January 21 killings.

Context: Speaking to Report TV, Matlia slammed SPAK’s approach, arguing that it is prioritizing high-profile arrests over proper investigations.

“This is becoming a trend in SPAK—to create the image that it is working by throwing people behind bars. This is repressive justice, not the kind of justice we wanted. People should go before a court, debate the evidence, and only if found guilty, serve prison time. Strasbourg confirmed that this is illegal and a violation of Article 5 of the European Convention on Human Rights.”

Matlia explained that SPAK failed to justify Gëllçi’s detention and ignored alternative measures, such as passport confiscation, to prevent flight risk.

“[SPAK] claimed [Gëllçi] could flee because he had a foreign passport. But that is a weak argument—owning a passport does not mean you will run. There were other measures available, such as seizing the passport and placing him under surveillance, rather than locking him up.”

A massive problem: Matlia pointed to a far larger problem: SPAK’s excessive reliance on pretrial detention without proper judicial oversight.

“We have a problem—not just with SPAK, but with the entire system. Prosecutors routinely request detention, and courts approve these requests without deep legal analysis. More than 60% of those in Albanian prisons are still under investigation and have not been convicted. They are legally presumed innocent.”

This, he argued, clashes with European legal norms and undermines Albania’s path toward EU accession.

Guilty until proven innocent: Matlia did not stop at the Gëllçi case, arguing that SPAK has failed to break from past prosecutorial abuses and is operating under a “guilty until proven innocent” model.

“In Albania, they throw you in jail first, then collect the evidence. Detention is indefinite, and then another problem arises—if someone has been locked up for too long, and no major evidence emerges, the court still convicts them just to justify the time they spent in prison. The outcome is decided from the start.”

He also accused SPAK of manipulating public perception, by selectively leaking case files and creating media spectacles around arrests.

“SPAK is not just making arrests—it’s putting on a televised show. Case files are leaked, information is selectively released. This is not how justice works in a country that wants to join the EU.”

What’s next: The Strasbourg ruling against SPAK’s detention practices could trigger further legal challenges, as more defendants question the legality of their imprisonment. If more rulings condemn Albania for human rights violations, it increase pressure on SPAK and Albania’s judicial system.

For now, SPAK has not publicly responded to Matlia’s criticisms or the Strasbourg decision.