Erion Veliaj's lawyer, Plarent Ndreca, has reacted after the decision of the High Court, which today upheld the decision of the Special Court of Appeals to continue the security measure of "prison arrest" against the mayor of Tirana.
In a Facebook post, Ndreca describes the decision as a worrying development for the rule of law and democracy.
He says that the Supreme Court upheld a decision that had been overturned by the Constitutional Court, which according to him has practically rendered the decision of the country's highest constitutional authority without binding effect.
"Of course, we will responsibly analyze the full reasoning. But the result announced today raises a dramatic question: what value do constitutional guarantees have if the decisions of the Constitutional Court are not effectively implemented? When such a conclusion does not find a convincing explanation in the Constitution and the law, then the causes must be sought beyond legal arguments and outside the courtroom," Ndreca writes.
According to Ndreca, the consequences of the decision go beyond Veliaj's individual case, as they also affect the exercise of the mandate of the mayor of Tirana.
"For 19 months, the citizens of Tirana have been deprived of the mayor they elected. Mr. Erion Veliaj is presumed innocent and continues to be held in detention, even though the investigation has been completed for a year and the case is currently on trial," he writes.
Ndreca warns that the defense will continue the legal battle, emphasizing that it will use "every legal remedy provided for by the Constitution, the law and international instruments."
Reaction of lawyer Plarent Ndreca:
Today's decision by the Supreme Court constitutes an extremely worrying development for the rule of law, legal certainty, fundamental rights and, above all, for democracy in this country. By leaving in force a decision that had been overturned by the Constitutional Court, this decision has practically rendered the decision of the highest constitutional authority of the country without binding effect.
Of course, we will responsibly analyze the full reasoning. But the result announced today raises a dramatic question: what value do constitutional guarantees have if the decisions of the Constitutional Court are not effectively implemented? When such a conclusion does not find a convincing explanation in the Constitution and in the law, then the reasons must be sought beyond legal arguments and outside the courtroom.
The consequences go beyond an individual process. They hold hostage the exercise of the mandate of the elected mayor of Tirana, the normal functioning of the institution and the will of the citizens expressed through their votes. For 19 months, the citizens of Tirana have been deprived of the mayor they elected. Mr. Erion Veliaj is presumed innocent and continues to be held in detention, although the investigation has been completed for a year and the case is currently under trial.
All this is not a reason to give up, but to continue the battle. They can isolate him and limit his ability to speak, but they cannot defeat him politically through judicial decisions. A politician can win with votes, in front of the citizens, and not through "lawfare".
We will use every legal remedy provided by the Constitution, the law and international instruments.
Albania deserves a justice system of European standards, which guarantees rights, respects constitutional decisions and protects democracy, the highest tool that citizens have in their hands to decide who represents them and who leads the country.