FLASH
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The European Center for Freedom of the Press has reacted regarding the case of Ora News journalist Elton Qyno where SPAK asked him for the source of the information and carried out inspections at the journalist's apartment.
In its reaction, the European Center for Freedom of the Press has made a chronology of the event in the case of Qynos, as it emphasizes that the orders of the first instance are contrary to the standards established by the Supreme Court for the protection of journalistic sources and materials.
It also goes on to say that in a previous case related to the protection of journalistic sources and materials, the Supreme Court established a series of criteria that must be met before such orders can be issued, but which were not respected in Qyno's case.
The reaction of the European Center for Freedom of the Press:
Authorities seize the journalist's documents and equipment to reveal his confidential sources. The Special Prosecutor's Office Against Corruption and Organized Crime (SPAK) questioned TV Ora News journalist Elton Qyno for several hours asking him to reveal his sources for a story related to a high-profile crime investigation from SPAK known as "Issue 75".
On December 13, 2023, Qyno was invited by two investigators to sign a statement that he would not release any confidential information or documents related to the "Case 75" investigation.
Qyno signed the statement and pledged not to release any information from the ongoing investigation into this matter.
However, as the meeting was taking place, he was asked to reveal the sources of his information and when we refused to do so, SPAK successfully sought court orders in less than two hours to raid his home and workplace and confiscate his work and family equipment. His private car was seized without a court order.
SPAK's investigation involves a high-profile organized crime group that is suspected of having killed several people. A member of that criminal group, ND, has become an associate of SPAK. Qyno had published information and conversations between crime suspects (including ND) which, according to SPAK, are part of the evidence of an ongoing investigation and therefore should not be disclosed.
On June 14, 2022, SPAK issued an order prohibiting the media from publishing statements of ND and other persons involved. After being contacted by journalists, SPAK prosecutor Bujar Dibra confirmed to BIRN Albania (reporter.al) that they were looking for the source of the information: "Yes, the source was asked. He did not reveal the source.
Investigations will continue in other forms to understand who violated the secrecy of the investigation." After numerous reactions from the public, SPAK the next day came out with a statement saying that they had interviewed Qyno to understand how he secured the information he published.
While Qyno was being interviewed by the prosecutor and investigators, SPAK filed three requests with the Court of First Instance against Corruption and Organized Crime in Tirana to allow them to search his home, his workplace and seize data computer and other evidence.
In his workplace and his private residence that will lead to the identification of resources. All three court orders were issued on the same day in the span of an hour and a half. The first decision was given at 14:20, the second was given at 15:15 and the third was given at 15:55.
According to SPAK data, his computer, mobile phones, car key, USB, envelopes with documents and CDs were confiscated. Once the warrants were secured, SPAK spent the afternoon until midnight searching and seizing materials. His car keys were later returned to him.
On December 18, 2023, Qyno's lawyer, Dorian Matlija, appealed the seizure order to the Special Court of Appeals Against Corruption and Organized Crime. Court orders for office and home searches are not appealable in court.
In his appeal, the lawyer argued that the prosecutor should have used alternative ways to investigate the persons extracting information from SPAK, the warrant was too broad and allowed SPAK to understand all other sources of the journalist and the warrant did not allow the journalist to be present.
While the data is being seized from the devices. In a previous case related to the protection of sources and journalistic materials of Lapsi.al, the Supreme Court established a series of criteria that must be met before such orders can be issued.
The lawyer says that the orders of the first instance are contrary to the standards established by the Supreme Court for the protection of journalistic sources and materials.
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