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Can SPAK suspend and place the head of SHISH under house arrest?

2026-09-22 10:09:53Aktualitet SHKRUAR NGA REDAKSIA VOX
Can SPAK suspend and place the head of SHISH under house arrest?
Vlora Hyseni, head of SHISH

The Director of the State Intelligence Service is one of the highest-ranking officials in the state administration and heads the institution responsible for civil intelligence and national security. But does this position protect the Director of the SHISH from a criminal security measure and can SPAK request her suspension from duty or even “house arrest”?

The law does not provide such immunity for the director of SHISH. The current director of SHISH is Vlora Hyseni, appointed by presidential decree on April 3, 2023. According to the official website of SHISH, the director is the highest-ranking manager of the institution and is appointed and dismissed by the President of the Republic, upon the proposal of the Prime Minister.

But the political and institutional procedure of appointment or dismissal is a different matter from the security measures in a criminal trial.

Article 75/ai of the Code of Criminal Procedure includes within the jurisdiction of the Special Court also criminal charges against “heads of central or independent institutions defined in the Constitution or in law.” For this reason, the function of the head of SHISH is not in itself excluded from special criminal jurisdiction.

Can he be suspended from duty?

Yes, in principle it can. The head of SHISH is not elected through the electoral law. She is appointed by the President upon the proposal of the Prime Minister. Consequently, the exception of Article 242 does not apply to this function.

Suspension should also be distinguished from dismissal. The dismissal of the director of SHISH is carried out by the President upon the proposal of the Prime Minister, while suspension under Article 242 is a temporary procedural measure imposed by the court in a criminal case.

What about "house arrest"?

This measure, in principle, can also be requested if the conditions of the Criminal Procedure Code are met.

Article 232 lists “house arrest” among the coercive measures, while Article 237 stipulates that with this measure the court orders the defendant not to leave the residence or the designated place where he/she is staying. The court also determines the manner of execution and supervision of the measure.

The Code does not provide for any specific exemption from “house arrest” because the person holds the position of director of SHISH.

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