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The Constitutional Court has convened to decide on Ilir Meta's request for a prison sentence. He claims that the decisions of all three levels of the court are in violation of several articles of the Constitution.
The Constitutional Court body decided to proceed to a plenary session, that is, with a documentary review of the request of former President Ilir Meta.
The leader of the Freedom Party, who has been in prison for about a year, has filed a petition to declare it unconstitutional.
The plenary session that will be held next will be behind closed doors and not open as in the Veliaj case, and the review will be documentary-based.
Request submitted to the Constitutional Court
In the request to the Constitutional Court by the defense, it is alleged that the decisions of all three courts, including the Supreme Court, the Court of Appeal and the Court of First Instance, are unconstitutional and have seriously violated freedoms, the Constitution, the criminal procedural law, as well as the European Convention on Human Rights regarding the deprivation of liberty. Ilir Meta, former President of the Republic, former Prime Minister and former Speaker of the Assembly, has been placed under arrest in prison, without specific charges, but only on suspicion as a person under investigation.
Concrete violations of the Constitution according to the defense
“The request is based on the fact that the Court has upheld an arrest measure based only on suspicions, without a communicable charge against the defendant, in violation of the Constitution of Albania, which stipulates that “any doubt about the charge shall be considered in favor of the defendant”. Furthermore, the measure of arrest with imprisonment requested by the Special Prosecution Office against Corruption and Organized Crime constitutes a violation of the fundamental principles of the Constitution and is inadequate to ensure a fair trial.
"The court decisions are unclear and unreasonable regarding the individual dangerousness of the defendant. The reasoning of the Supreme Court has gone beyond its competence, prejudicing former President Ilir Meta as a recidivist for the same criminal offenses, a fact that is incorrect since Meta has not had any previous conviction for any criminal offense," the request states.
Violation of the Constitution and other laws
Meta's lawyers say that the measure of imprisonment for a public figure such as the former President and leader of an opposition party is considered disproportionate and unjustified, violating fundamental human freedoms.
"This process has violated several articles of the Constitution, such as:
Article 17 of the Constitution: Limitation of rights and freedoms.
Article 27 of the Constitution: The right to liberty and security of person.
Article 28 of the Constitution: Presumption of innocence.
Article 48 of the Constitution: Equality before the law and prohibition of political discrimination.
Article 5 of the European Convention on Human Rights: Prohibition of arbitrary detention.
Article 6 of the European Convention on Human Rights: Right to a fair trial.
"If the person does not exercise a public function, has no possibility of influencing evidence or witnesses, and does not pose a social danger, the security measure of imprisonment may be considered inappropriate and unmotivated," the lawyers say.
Request for annulment of court decisions
"For all the above reasons, it is requested from the Constitutional Court to accept the request and annul as unconstitutional the following decisions:
Decision No. 57, dated 27.02.2025, of the Criminal Chamber of the Supreme Court.
Decision No. 59 (97-2024-333), dated 19.11.2024, of the Special Court of Appeal against Corruption and Organized Crime.
Decision No. 125, dated 20.10.2024, of the First Instance Court Against Corruption and Organized Crime.
"Decision No. 130, dated 23.10.2024, of the First Instance Court Against Corruption and Organized Crime," states the request of Meta's lawyers.
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