FLASH
Shkruar nga Pamfleti
The European Court of Human Rights has refused to consider the complaints of Francesco Becchetti and his associates, in a battle that they have declared to the Albanian state, after problems with justice in our country.
So on October 19, 2023, the ECtHR announced in writing that the court has declared inadmissible the request of Becchet, his mother Liliana Condomitti and associates Mauro De Renzis, Erjona Troplini, refusing to consider the case presented by them to the court.
The appellants claimed, among other things, before the ECtHR that Prime Minister Rama's statements (referring to his tweets about the "dirty money" of Becchet's company) made them appear guilty, before being proven as such by the court, which according to violated their right to be presumed innocent.
This complaint was finally rejected by the ECtHR, which in the divulged decision reminds Becchet that his claim that "Albania does not have effective legal remedies that could be used to deal with the presumption of innocence" is not true.
Simply put, the European Court reveals Becchet's deception, when he wrote to the ECHR that Albania had no means and legal mechanisms to deal with his "problems". The ECHR turns back his request, reminding him not to ignore the Albanian institutions of justice, before going to the door of the ECHR.
Excerpts from the ECHR decision:
The petitioners, shareholders in various commercial companies, including the owner of "Agon Channel", a private television channel in Albania and Italy, face criminal charges of falsifying documents and money laundering, for which they were convicted on February 23, 2022 at the level of seen and filed complaints which are still pending.
Complaint 1: Handcuffing
One of the petitioners complained that the handcuffing during the court session on June 9, 2015 was in violation of human rights. The court stated that, even if this treatment was severe, it did not result in criminal prosecution for the persons responsible. A civil action for damages would have been sufficient, but the applicant did not pursue such a procedure or bring the matter to the attention of the authorities. Therefore, this complaint was rejected due to non-exhaustion of domestic legal remedies available to the applicant in Albania.
Complaint 2: Presumption of innocence:
The petitioners claimed that the Prime Minister's statements (referring to tweets about the petitioners' company's "dirty money" and his appearance on television programs commenting on the money laundering investigation in Albania) made them look guilty, before they were proven to be such by the court, which according to them violated the right to be presumed innocent.
The court emphasized that the presumption of innocence is an important part of a fair trial and the laws of Albania protect this right. On the other hand, the Court stated that the applicants could have addressed this claim in their criminal case, or through an appeal to the Constitutional Court. The applicants did not undertake any of these actions, arguing that "Albania did not have effective legal remedies available".
According to the Court, their doubts about the effectiveness of domestic remedies were not supported by convincing evidence, therefore they had no motive to ignore these remedies. Since the petitioners did not exhaust all legal remedies available in Albania, this complaint was rejected by the ECtHR as premature.
Conclusion:
The court unanimously decided that it cannot accept the petitioners' appeals, as they had not exhausted all domestic legal remedies. Since they did not pursue the case with all the ways offered by the Albanian legal system, the European Court of Human Rights cannot examine their case, declaring it inadmissible.
Lini një Përgjigje