FLASH
Shkruar nga Pamfleti
Statistics, here's how SPAK has increased the seizure of mobile phones 5-fold
The Constitutional Court made a decision yesterday, which marks the next clash between this court and the Special Prosecution Office.
The SkyEcc wiretapping issue caused a clash between the two bodies, after SPAK wiretapped one of the court members, suspecting corruption. Reports broke out and the Constitutional Court has made several decisions against SPAK. The first was the one regarding journalist Elton Qyno and the second was made yesterday.
A citizen complained that her cellphone had been seized without right, as she was not the subject of an investigation. All three levels of the judiciary ruled in favor of SPAK, but Onejda Ymeraj appealed to the Constitutional Court, which yesterday decided to put the practice followed by SPAK back on track.
According to this decision, seizures must be made by court order. While in flagrant cases, a cell phone can be seized, but it cannot be opened without a court decision, where the person who has been seized must be present. Also, SPAK must receive information only related to the investigation and nothing else.
But why is this decision coming now and what does it mean?
The decision comes at a time when SPAK has made the seizure of mobile phones a core working practice.
If we look at the statistics, from 2021 when this process began and until 2024 when the statistics are available, we have a 5-fold increase in the seizure of mobile phones. In 2021, SPAK seized only 174 mobile phones, but in 2024 this number increased to 553. In total, nearly 1,500 devices were seized in 4 years.
Every year there has been an increase and thanks to cell phones, SPAK has gone to the untouchables. The most famous case is that of Meta and Kryemadhi. Thanks to a cell phone that was found in Kryemadhi's mother's apartment, many corruption scandals were discovered.
This terrified ministers, deputies, directors, mayors, deputy ministers, general secretaries and anyone else.
Many have started switching cell phones, not keeping the same one for long. Many others have used encrypted platforms. Many have also used special methods by putting their cell phones in special bags or installing devices that avoid eavesdropping.
So SPAK with this method terrified everyone. Almost all MPs have activated the message destruction mechanism on WhatsApp. So everyone is scared. The Constitutional Court seems to have intervened now, but it is not expected to limit this process.
SPAK has intervened in almost all sensational cases with a court decision. If we go back to Kryemadhi, the latter also followed the judicial process to seize the cell phone, but it turned out that SPAK had acted correctly. The search of the apartment was carried out with a court decision.
The Constitutional Court's decision in general terms seems to attempt to prevent SPAK from pursuing abusive practices, as in addition to the court's decision, it specifies that only materials of interest to the investigation should be seized and nothing else.
Statistics on the seizure of digital materials
2021
For the period September-December 2021, 118 expert decisions have been submitted to this sector for expertise, for 174 mobile phones, 50 computers and 49 other electronic evidence (DVR, USB, CD/DVD, digital cameras/cameras, etc.). During this period, 35 expert acts have been carried out by the sector's experts.
2022
For the year, the Expertise Sector received 240 expert decisions for the examination of digital evidence in investigative or trial processes, divided as follows: Out of the 240 decisions, 328 mobile phones, 59 computers and laptops, 11 DVR video recorders, 17 USBs, 3 integrated circuits (electronic circuits), 3 TVs, 4 GPS (location locators), 4 drones, 46 CD/DVDs, 11 tablets, and 14 other devices including SIM cards, adapters, and tape recorders were received.
2023
During 2023, the Forensic Sector received 345 expert decisions for the examination of digital evidence with 623 pieces of evidence in total, specifically 407 mobile phones, 76 computers, 19 DVRs and 121 other digital evidence (hard drives, USBs, video recorders, tablets, memory cards, CD/DVDs, etc.).
2024
During 2024, the Expertise Sector received 400 expert decisions for 841 pieces of digital evidence, specifically for 553 mobile phones and tablets, 110 computers, 16 DVRs and 162 other digital evidence (hard drives, USBs, memory cards, CDs/DVDs, etc.). /Pamphlet
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