FLASH
Shkruar nga PamfletiAhmetaj claims that the searches were carried out illegally, as he was still a member of the Albanian Parliament at the time, arguing that his parliamentary immunity was violated. According to the Constitution, MPs' homes cannot be searched without the prior approval of the Parliament.
Arben Ahmetaj has filed a lawsuit with the European Court of Human Rights against the decision of 9 March 2023 of the Special Court for the search of the apartment shared with his partner, Erjola Hoxha, as well as the physical search and search of her mobile phone. The request was filed on 8 May 2024 and communicated on 6 October 2025.
Ahmetaj complains that the search of their apartment is illegal because during this time he was a member of parliament and it could not have been carried out without the prior authorization of the Assembly.
They also claim that they did not have access to an effective procedure to challenge the legality of these controls.
For this reason, the ECHR has asked several questions to the parties.
“1. Has there been a violation of the first applicant’s right to respect for his home, as guaranteed by Article 8 of the Convention? In particular, was the search of the home carried out in accordance with Article 73(2) of the Constitution, which relates to the immunity of deputies? Has the first applicant availed himself of any effective remedy within the domestic system in this regard?
2. Did domestic law and practice provide sufficient procedural means to challenge the lawfulness of the search warrant, the manner in which the searches were carried out in the apartment and on the second applicant and her telephone, and the seizure of items during the search, in accordance with the requirements of Article 8 and Article 13 of the Convention?
3. In particular, was the court decision of March 8, 2023 appealable to any higher court?”
The government has also been invited to present relevant jurisprudence and examples of the review by higher courts of similar complaints.
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