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Lawyer Dorian Matlija, during a link to the show "The Unexposed" on MCN TV, spoke about the decision of the Constitutional Court (CC) that "overthrew" SPAK for the seizure of journalist Elton Qyno's electronic devices.
The lawyer said that this is a positive decision for journalists, which overturns not only SPAK but also the decisions of all other courts that sided with SPAK.
"The Qyno case boils down to the problem of what happens when a professional journalist's materials are seized. The journalist must protect his sources, for the sake of the relationship that is created between the source and the journalist to inform the public. This was defended in the CC. Against SPAK's interest in obtaining evidence.
In this specific case, SPAK had several duties that should have sought evidence in other ways, namely to investigate SPAK's own prosecutors, who had leaked the information. SPAK did not investigate these people, but went to the journalist and put at risk the specific source and all the sources he has, as well as professional and private secrets. The GJK decided to protect the journalist and not the interest of SPAK's investigation. SPAK had every opportunity to obtain that evidence from other sources. SPAK violated international standards.
What made the trial difficult was the approach of the lower courts, which did not stop it when it was necessary. Even the Supreme Court made a negative decision that we did not expect. We expected it to happen like the Lapsi case, but the Supreme Court violated its own decision. The intervention of the Constitutional Court was necessary.
The Court of Appeal has deemed these actions, the seizure of data and the storage of copies of all data in the SPAK archive, as unconstitutional. It is not that he simply took a laptop and a USB, a phone, but kept a full copy of all of these.
In this case, the GJK said that it is unconstitutional, in violation of the constitution, violates freedom of expression. By revealing the secret of the source, the prosecutor scares the sources and destroys quality journalism. This also harms the interest of the journalist and informing the public. The GJK said that this is more important than the interest of an investigation.
This is a precedent because the GJK has shown all courts that when it happens tomorrow, as happened to Qynos, Artan Hoxha, and Lapsi media, prosecutors of any level cannot do such an action in the future. They cannot seize the equipment of any journalist, without an extreme case. In those cases, this right to protect the source is limited, but practically this does not happen. In the specific case, it was the prosecutors who should have been investigated. This decision will have the value of law for all courts. The GJK will express it very clearly in the reasoning.
This comes from the jurisprudence of Strasbourg. Only in cases where there is an interest in the investigation and all ways to find evidence have been tried and they have not been able to find it, the only option is to ask the journalist, pick up the phone and get a certain piece of information. So the first step should be taken only when it is the only possibility to obtain evidence. The method should be as subtle as possible and not enter like a bear in a glass shop. This method was extremely brutal and in violation of the Constitution. The CC will show the violations. In practice, this can never happen, because the Prosecutor's Office can investigate in other places. In the case of Lapsi, it could go to where the data had been leaked.
A new thing that happened today, another first-instance decision, Qyno requested the return of the seized documents, because documentation was also seized from him and the court decided to order SPAK to return these as well. The prosecution said they are materials from the file but the court reasoned that they are his and how he secured them is his job and he should have it because the journalist has the right to have his own archive. The prosecution should preserve its own information. SPAK has not shown the ability to do this, the documents have been leaked. This was a new victory today", said Matlija.
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