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Why was Veliaj's case returned to the Supreme Court?

2026-05-25 17:51:40Aktualitet SHKRUAR NGA REDAKSIA VOX

Why was Veliaj's case returned to the Supreme Court?

The Constitutional Court has made public the decision taken regarding the arrested mayor of Tirana, Erion Veliaj, deciding to return the case for retrial to the High Court.

It is learned that in the decision taken with 5 votes in favor and 3 against in favor of Veliaj, the Constitutional Court states that the High Court must justify whether the measure of "prison arrest" is proportional in relation to the position that Veliaj holds as mayor.

The decision also states that, in substantive terms, the Court examined the claims for infringement of personal freedom in terms of the proportionality of the measure, related to the right to be elected, which the CC found to be based solely on the fact that the High Court did not provide a reasoned response to this claim raised in the appeal by the applicant.

The decision also emphasizes that the Constitutional Court finds the decision to reject Veliaj's request to remain outside the glass cage during court hearings, in the case where he is a defendant in the Special Court, premeditated by the High Court.

" The proportionality of the measure, related to the right to be elected, was found to be based solely on the fact that the Supreme Court did not provide a reasoned response to this claim raised in the appeal by the applicant ," the Constitutional Court's decision states.

Announcement of the Constitutional Court:

On 25.05.2026, the Constitutional Court (Court) considered the case with the applicant Erion Veliaj, with the object of annulling decisions no. 7, dated 09.02.2025 of the Special Court of First Instance for Corruption and Organized Crime, validated by decision no. 14, dated 12.02.2025 of the same court, no. 13, dated 13.03.2025 of the Special Court of Appeal for Corruption and Organized Crime and no. 00-2025-1153 (176), dated 08.07.2025 of the Criminal Chamber of the Supreme Court, as incompatible with the Constitution of the Republic of Albania.

The court, based on the nature and essence of the claims submitted in the individual constitutional complaint, examined the case on the merits only in terms of the claims regarding the procedural and substantive aspects of the imposition of the security measure "Arrest in prison" against the applicant.

In procedural terms, the Court examined the claims for the violation of:

i) The right to a defense due to the insufficient time available for familiarization with the file documents and the applicant's stay in a cage/glass booth during the trial in the courts of fact. In relation to this claim, the Court, by majority vote, decided to dismiss it as unfounded.

ii) The principle of reformatio in peius (non-worsening of position) related to the receipt of new evidence in the Special Court of Appeal, presented by the Special Prosecutor's Office. In relation to this claim, the Court did not reach the number of five votes for decision-making, therefore, in accordance with Article 73, paragraph 4, of the Organic Law of the Court, it is considered dismissed.

In substantive terms, the Court examined the allegations of violation of:

i) Dignity and presumption of innocence related to the applicant's stay in the glass cage/cabin during the trial in the courts of fact. Regarding this claim, the Court, by majority vote, decided to accept it, in view of the lack of justification by the High Court of this claim submitted in the appeal by the applicant.

ii) Personal freedom in terms of:

2.1. Reasonable suspicion based on evidence for the imposition of a personal security measure against the applicant, also related to the principle of the presumption of innocence, due to the language used in the reasoning of the court decisions. In relation to this claim, the Court, by majority vote, decided to dismiss it as unfounded.

2.2. The proportionality of the measure related to the right to be elected, which the Court, by majority vote, found to be based solely on the fact that the High Court did not provide a reasoned response to this claim raised in the appeal by the applicant.

In conclusion, the Court, by majority vote, decided:

Partial acceptance of the request.

Annulment of decision no. 00-2025-1153 (176), dated 08.07.2025 of the Criminal Chamber of the Supreme Court, as incompatible with the Constitution of the Republic of Albania. Referral of the case for review to the Supreme Court.

The final decision will be declared reasoned within the legal deadlines provided for by the Organic Law of the Court and by the Rules of Procedure of the Constitutional Court.


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