Delays in investigation and procedural violations: Complaint to the People’s Advocate in the case of J.R.

The CLE lawyers have filed a complaint with the People’s Advocate regarding the identification of violations committed by the prosecutor in charge of the case, specifically related to delays in preliminary investigative actions concerning the death of J.R. While in custody at the “Security Rooms Block” at the Tirana Police Directorate, J.R. was transferred in critical condition to “Mother Teresa” University Hospital, where he passed away.
The People’s Advocate has reviewed the submitted complaint, analyzing the claims presented, which include:
•The existence of delays in preliminary investigative actions.
•The lack of information regarding the investigative actions taken and the current stage of the investigation by the Prosecutor’s Office at the First Instance Court of General Jurisdiction in Tirana, despite repeated requests for information.
•The expiration of the deadlines set by the Criminal Procedure Code for the investigation period and the absence of notification regarding the extension of the investigation deadline.
According to Article 13, paragraph 1, of Law No. 8485, dated 04.02.1999, “On the People’s Advocate,” as amended, it is stipulated that: “The People’s Advocate initiates the review process when he observes or suspects a violation of rights, based on the complaint or request of the interested or affected person, as well as on his own initiative, in special cases made public.”
After reviewing the claims presented, the People’s Advocate found that the complaint is supported and that there have been procedural delays, non-compliance with investigation deadlines, and a lack of information from the Prosecutor’s Office, which have infringed the right to due process. Based on these claims and Law No. 8485, dated 04.02.1999, “On the People’s Advocate,” it was determined that the complaint contains sufficient grounds to be considered for review by the People’s Advocate