FLASH
Shkruar nga Pamfleti
The Constitutional Court considers the measure of "prison arrest" disproportionate; the file is returned to the Supreme Court
The Constitutional Court has ruled by a majority of 5 to 3 votes in favor of the request of the Mayor of Tirana, Erion Veliaj, regarding the security measure "prison arrest" imposed on him.
According to the Constitutional Court's decision, the security measure was assessed as disproportionate, and the case was returned for reconsideration to the High Court. The decision does not automatically mean Veliaj's release or the immediate repeal of the measure, but it overturns the way in which lower courts have argued and assessed the need for his detention.
Essentially, the Constitutional Court has found problems in the legal reasoning of previous decisions, requiring the High Court to conduct a full reassessment of the proportionality of the security measure against the mayor of Tirana.
Erion Veliaj had alleged in his appeal that the standards of due process were violated at all levels of the trial. According to him, the courts have prejudiced him due to his public office and political status, without relying on concrete evidence for the charges brought.
On the other hand, the Special Prosecution Office against Corruption and Organized Crime (SPAK) has defended the position that the security measure is based on reasonable suspicion and the risk that Veliaj, due to the duty he holds, may influence witnesses or collaborators of justice.
SPAK has argued that the fact that Veliaj continues to be the acting mayor of Tirana constitutes an aggravating and not mitigating element, as according to the prosecution he has the possibility of influencing the investigative process.
The Constitutional Court's decision is considered an important legal development, as it practically forces the Supreme Court to reconsider the argumentation on the necessity and proportionality of the measure "prison arrest".
This is the second time that Veliaj has appealed to the Constitutional Court. In January of this year, the same court reinstated him after his dismissal by the government, considering the executive's decision unconstitutional.
Meanwhile, another hearing is expected at the High Court on May 28, where Veliaj has requested the replacement of the current measure with a lighter security measure.
Nese ky del nga burgu eshte fundi reformes ne Drejtesi. Se bashku me mentorin e tij Rama i kane bere nje dem Tiranes dhe qytetareve te saj te periparueshem. Ky qytet eshte bere i pabanueshem, i teri i pushtuar nga betoni. Keta mos e befshin piken e hajrit. Ju ben nder ti mbash ne burg. Madje dhe kushtet qe i kane si mbreter atje ne durres duhen pare. Te vuajne si gjithe te tjeret qe mund te vuajne per gjera fare te vogla perballe krimit qe keta politikane i kane bere ketij vendi.
Shume e drejte. Aq dem i kane bere ketij vendi veliaj me kompani sa burgun e kane pak. Kane shkaterruar cdo gje dhe kujdesen vec per fasaden qe te manipulojne njerzit