The Minister of Justice, Jeton Shasivari, attended the promotion of the “Handbook on the Application of the Measure of Detention through the Prism of Article 5 of the European Convention on Human Rights.
In his address, Minister Shasivari emphasized that the handbook comes at a particularly significant moment and represents an important practical tool for the advancement of judicial and prosecutorial practice and for the consistent application of European standards in the field of human rights.
“When we talk about detention, we are talking about one of the most sensitive points of criminal procedure – the moment when the state restricts one of the most fundamental human rights – the right to freedom,” Shasivari emphasized.
He emphasized that detention must not be applied automatically, nor be a substitute for a verdict, while pointing out the importance of respecting the presumption of innocence.
“Detention must not become an instrument of automatism. It must not become a substitute for a verdict. And most importantly – a person must not be treated as guilty before a final decision on their guilt is made,” emphasized the Minister of Justice.
Deprivation of liberty can only be justified when there is a specific, real and individually determined reason, as well as when the purpose of the procedure cannot be achieved with a less severe measure.
“Every decision on detention must answer one essential question: Why exactly this person, right now and in these circumstances, must be deprived of liberty?”, said Shasivari.
The Minister pointed out that special attention should also be paid to the practice of the European Court of Human Rights in cases against North Macedonia, as well as to the need for continuous assessment of the justification of detention.
According to the Minister, the rule of law is not measured only by the efficiency of the state in prosecuting crimes, but also by the way the state acts when it restricts human freedom.
The manual will be a useful tool for judges, public prosecutors, lawyers and all legal professionals, contributing to greater legal certainty, better-quality explanations and harmonized application of European standards.
The Ministry of Justice will continue to support initiatives aimed at improving the judicial system, strengthening of professional capacities and consistent protection of human rights.
"Our shared responsibility is to build a judiciary in which citizens will have confidence and a system in which human rights will not only be written in the laws, but will be consistently applied in practice. Because justice is not only rendering a decision. Justice also represents the way that decision is made," said the Minister of Justice, Jeton Shasivari.
