Albania’s Constitutional Court delivered another development in favor of Tirana Mayor Erion Veliaj, finding that the Supreme Court failed to meet the fundamental constitutional standards governing judicial review of his uninterrupted pretrial detention.
With this ruling, the Constitutional Court also struck down the Supreme Court’s decision and sent the case back for reconsideration. This step follows an earlier ruling by the same court, which protected Veliaj’s constitutional mandate, granted by voters as the democratically elected mayor of Tirana.
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In its latest ruling, the Constitutional Court stressed that the Supreme Court did not carry out a full review, as required by Albania’s Constitution, including assessing whether the continuation of Mayor Veliaj’s pretrial detention was necessary and proportionate; examining less restrictive measures; addressing the constitutional consequences of preventing Tirana’s democratically elected mayor from exercising the mandate entrusted to him by citizens; and analyzing important constitutional claims related to the way Veliaj was treated during the judicial proceedings.
Although the majority decided that the case should be returned for constitutional reconsideration, one of the Constitutional Court judges issued a concurring opinion that went further. He concluded that the evidence on which the lower courts relied was insufficient to establish the reasonable suspicion that the Constitution requires to justify Veliaj’s pretrial detention.
According to that opinion, the prosecution relied on elements that merely reflected the ordinary performance of Mayor Veliaj’s official duties and that would not convince “even an objective observer” that he had committed the alleged criminal offenses. In this way, the judge who issued the concurring opinion concluded that the decision to keep Veliaj in pretrial detention lacked the required constitutional basis, both under Albanian law and under the European Convention on Human Rights.
Other members of the Constitutional Court also raised serious concerns about the treatment of Mayor Veliaj. Separate opinions criticized the use of the glass cage in court hearings as incompatible with human dignity, concluded that the restrictions during pretrial detention prevented Veliaj from communicating effectively with his lawyer, noted that the Supreme Court did not properly protect the constitutional presumption of innocence and the right to an effective defense, and also criticized the lower courts for failing to take into account the constitutional consequences of depriving a democratically elected mayor of Tirana of the ability to exercise the office entrusted to him by voters.
Taken together, the Constitutional Court majority’s opinion and the concurring opinion highlight several major constitutional deficiencies, independent of one another, including: the lack of sufficient evidence to establish reasonable suspicion; the failure to genuinely assess whether continued pretrial detention remained necessary and proportionate; the failure to properly protect the constitutional presumption of innocence and the right to an effective defense; the failure to guarantee proceedings that respected Veliaj’s dignity and his confidential communications with counsel; and the failure to fully examine the constitutional consequences arising from preventing a democratically elected mayor from exercising the office entrusted to him by voters.
This ruling establishes constitutional principles that go beyond this case, reaffirming that restrictions on personal liberty must be subject to meaningful constitutional review; that courts are required to independently determine whether pretrial detention continues to be necessary and proportionate; that less restrictive alternatives must be seriously considered; and that constitutional protections apply fully even in proceedings involving elected officials and matters of high public importance.
Daniel J. Fetterman, chief international counsel for Mayor Veliaj and a partner at Kasowitz, stated:
“The Constitutional Court deserves credit for its careful, independent, and principled application of Albania’s Constitution. This is the second ruling in which the Constitutional Court has recognized significant constitutional deficiencies in the State’s treatment of Mayor Veliaj.
The Constitutional Court has carried out exactly the function assigned to it by Albania’s Constitution: to ensure that, even in cases involving public officials and allegations of criminal offenses, constitutional guarantees remain fully enforceable. Constitutional rights exist precisely to ensure that difficult cases are resolved according to law, not according to expediency.
This ruling reinforces a principle shared by constitutional democracies across Europe and in the United States: personal liberty cannot be restricted without strict judicial scrutiny and full respect for constitutional guarantees. The Constitutional Court has now required precisely that searching review, and one of its members concluded that the evidence never met the constitutional standard necessary to justify Mayor Veliaj’s detention in the first place. Once Albania’s Supreme Court faithfully carries out the review required by today’s ruling, carefully weighs each of the deficiencies identified by the Constitutional Court, and applies the relevant standards, we fully expect it to conclude that the continued detention of Mayor Veliaj cannot be constitutionally sustained and to order his immediate release.
When these constitutional deficiencies are considered, together with the publicly identified use of two alleged fictitious complainants, whose existence has never been verified, and with the participation of a prosecutor who admitted that he did not have the legal qualifications required to remain in office, the Albanian judiciary must ultimately assess whether the overall effect of these deficiencies has so seriously compromised the integrity of these proceedings that the prosecution can continue consistently with due process guarantees, Albania’s Constitution, and the European Convention on Human Rights.
Ultimately, the rule of law is not measured by the constitutional rights written on paper, but by the willingness of independent courts to enforce them when enforcement becomes most difficult. Independent courts that faithfully uphold constitutional principles, without fear or favor, are essential to democratic governance, public confidence in justice, and the protection of every citizen’s fundamental freedoms. We remain hopeful that Albania’s judicial institutions will uphold these enduring constitutional principles.”
