Requested the overthrow of the 'house arrest' security measure, the Constitutional Court makes the decision for Berisha

The Constitutional Court has rejected the request of the leader of the Democratic Party, Sali Berisha, who requested the lifting of the security measure of 'house arrest'.

The decision states that Berisha's request is incompatible with the Constitution.

CC Announcement:

DECISION NOTICE

On 17.01.2025, the Constitutional Court (Court) considered the case with the applicant Sali Berisha, with the aim of annulling decisions no. 520, dated 30.12.2023 and no. 521, dated 27.12.2023, of the Special Court of First Instance for Corruption and Organized Crime; no. 15 (87-2024-23), dated 25.01.2024 of the Special Court of Appeal for Corruption and Organized Crime; no. 00-2024-667 (94), dated 09.04.2024 of the Criminal Chamber of the Supreme Court, as incompatible with the Constitution of the Republic of Albania.

The court, after initially examining the criteria for the applicant's standing, concluded that: he is standing both to challenge the court decisions to replace the personal security measure, and to challenge the procedure followed by the Assembly to grant authorization to impose house arrest on him.

The court assessed that the claims regarding the independence and impartiality of the special courts due to Law No. 95/2016 cannot be considered as they constitute res judicata.

Likewise, claims regarding the principle of legal certainty due to the ambiguity of the criminal procedural provisions related to the time of execution of security measures cannot be considered since the applicant had not exhausted legal remedies.

As regards the merits of the case, taking into consideration the arguments, submissions and objections of the parties, the Court assessed that:

In relation to the claim for the parliamentary procedure for granting authorization by the Assembly, according to Article 73, paragraph 2, of the Constitution, the Court by majority of votes found that this claim is unfounded.
In relation to the claims for violation of personal freedom (Article 27 of the Constitution), related to the right to be elected (Article 45 of the Constitution), the Court assessed them in two aspects: in the procedural aspect and the substantive aspect.
A) In the procedural aspect, the Court assessed the judicial process in which the replacement of security measures with that of house arrest was decided in the following directions:
i) the principle of impartiality of the court related to the right to effective protection;
ii) the right of access related to the standard of reasoning of the decision.
The Court by majority of votes found that these claims are unfounded.

 

B) In the substantive aspect, the Court assessed the proportionality of the house arrest measure in terms of necessity, appropriateness and severity.

The court, based on Article 73, point 4, of Law No. 8577, dated 10.02.2000 “On the Organization and Functioning of the Constitutional Court”, as amended, decided to dismiss the request, due to the failure to form the necessary decision-making majority of 5 judges.

 

In the end, the Court decided to dismiss the request.

 

The final decision will be announced with reasons within the legal deadlines provided for by Law No. 8577, dated 10.02.2000 “On the Organization and Functioning of the Constitutional Court of the Republic of Albania”, as amended by the Regulation on Judicial Procedures of the Constitutional Court.