
The Constitutional Court held this Thursday the session to determine finally whether the acts obtained from the "SKY ECC" application on account of investigations by SPAK, should be considered legal or not.
The issue of "SKY Ecc" wiretapping was raised by Pëllumb Gjoka, who, based on these wiretappings, was sent to prison by decision of the GJKKO.
After the submission of arguments and evidence by the parties, the Constitutional Court examined the case and withdrew to make the decision, which is expected to be delivered to the parties within the deadlines set by the law.
All those accused from Sky's wiretapping have asked that the evidence found in that application not be taken as a basis, since according to them it was not taken legally. The acceptance of Pëllumb Gjoka's request by the Constitutional Court would bring real chaos as it would undo the decisions for many accused criminals based on the clues found in SKY Ecc.
The full announcement of the Constitution:
On 19.12.2024, the Constitutional Court conducted the judicial session of the case with petitioner Pëllumb Gjoka and object: "Repeal of decisions no. 94, dated 23.07.2023 of the Special Court of First Instance for Corruption and Organized Crime; no. 97, dated 29.07.2023 of the Special Court of First Instance for Corruption and Organized Crime; no. 38, dated 31.08.2023 of the Special Court of Appeal for Corruption and Organized Crime; no. 00-2023-2238 (364), dated 22.12.2023, of the Criminal College of the Supreme Court, as incompatible with the Constitution of the Republic of Albania, for the part that they had for the appointment and continuation of the measure of personal security "Arrest in prison ” to the applicant.
Repeal of letters "a" and "b" of point 1 and point 4 of article 6, as well as point 2 of article 42 of law no. 95/2016, dated 06.10.2016 "On the organization and operation of institutions to fight corruption and organized crime", amended as incompatible with the Constitution of the Republic of Albania, because they violate the independence and impartiality of special judges." .
The court examined the individual constitutional appeal, the requests and other acts presented by the petitioner, the objections of the interested subjects and the acts presented by them and after administering all the evidence presented by the parties, closed the judicial review and withdrew to make the decision. The decision will be communicated to the parties according to the legal rules and deadlines.
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