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The Constitutional Court has decided to send the case for retrial to the Special Court of First Instance.
The Constitutional Court has overturned the decision of the Special Court of First Instance for Corruption and Organized Crime (SCOC) to seize some assets of former Deputy Prime Minister Arben Ahmetaj.
The Constitutional Court has decided to send the case for retrial to the Special Court of First Instance for Corruption and Organized Crime, arguing that Ahmetjat's right to property and the right to a reasoned judicial decision have been violated.
"Abolition as incompatible with the Constitution of decisions no. 296, dated 17.07.2023 of the Special Court of First Instance for Corruption and Organized Crime, no. 37, dated 10.08.2023 of the Special Court of Appeal for Corruption and Organized Crime and no. 00-2023-20248, dated 07.12.2023 of the Criminal Chamber of the Supreme Court, due to the violation of the applicant's property right and the right to a reasoned judicial decision. 2. Sending the case for retrial to the Special Court of First Instance for Corruption and Organized Crime" , states the announcement of the Constitutional Court.
The Constitutional Court has annulled the decision to seize an apartment on "Kreshnik Çollaku" Street, a bank account and a deposit in a second-tier bank and is sending the case back for trial to the Special Appeal.
"Abolition of decisions no. 37, dated 10.08.2023 of the Special Court of Appeal for Corruption and Organized Crime and no. 00-2023-2048, dated 07.12.2023 of the Criminal Chamber of the Supreme Court, in the part related to the seizure of assets:
- Apartment no. xxx, “Reshit Çollaku” Street, Tirana. /- Bank account no. xxx, at Intesa SanPaolo Bank./ - Deposit no. xxx, at Intesa SanPaolo Bank” , the Constitutional Court’s decision further states.
We recall that former number two in the government, Arben Ahmetaj, appealed to the Constitutional Court against the search of his cohabitant's apartment. He requested the annulment of the decision of the Special Court, which was upheld by the Court of Appeal and the Supreme Court.
According to the complaint, the inspections are in violation of the law and unconstitutional, as there was no authorization from the Parliament, because he himself lived in one of the apartments.
The defense lists four points why it considers the search of the apartments illegal. Ahmetaj requested that the Constitutional Court annul the decision of the High Court and send the case for retrial to the Court of Appeal.
Arben Ahmetaj is under investigation for a number of charges related to his assets. So far, 4 apartments, 2 villas and a bank account have been seized.
Ahmetaj, who left Albania before the arrest warrant was signed, has been internationally wanted since July 24, 2023.
He is accused of "failure to declare, false declaration and concealment of assets", as well as "passive corruption of high-ranking state officials or local elected officials" in six cases, and "laundering the proceeds of criminal offenses or criminal activity".
Announcement of the Constitutional Court:
1. Annulment as incompatible with the Constitution of decisions no. 296, dated 17.07.2023 of the Special Court of First Instance for Corruption and Organized Crime, no. 37, dated 10.08.2023 of the Special Court of Appeal for Corruption and Organized Crime and no. 00-2023-20248, dated 07.12.2023 of the Criminal Chamber of the Supreme Court, due to the violation of the applicant's property rights and the right to a reasoned judicial decision. 2. Sending the case for retrial to the Special Court of First Instance for Corruption and Organized Crime.
1. Partial acceptance of the request.
2. Abrogation of decisions no. 37, dated 10.08.2023 of the Special Court of Appeal for Corruption and Organized Crime and no. 00-2023-2048, dated 07.12.2023 of the Criminal Chamber of the Supreme Court, in the part related to the seizure of assets:
- Apartment no. xxx, “Reshit Çollaku” street, Tirana.
- Bank account no. xxx, at Intesa SanPaolo Bank.
- Deposit no. xxx, at Intesa SanPaolo Bank.
3. Sending the case for review to the Special Court of Appeal for Corruption and Organized Crime.
4. Anonymization of personal data in the text of the decision that is published.
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