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Lala: If the Supreme Court acquits Veliaj, a precedent will be created

Politiko 2025-06-16 21:34:12

Lala: If the Supreme Court acquits Veliaj, a precedent will be created
The decision to "arrest and detain" Mayor Erion Veliaj has been appealed to the Supreme Court. Journalist Klodiana Lala told MCN that lawyers claim that Veliaj does not pose a threat and should be investigated at liberty, as he is still in office as mayor.

Lala stressed that this is an unusual case, as all other officials have been investigated while out of office. The Supreme Court must now decide whether the interest of justice or the office that Veliaj holds will prevail. If he is acquitted, it will be the first case with such a decision.

"A recourse has been submitted against the decision of the Special Court of Appeal, where the security measure "prison arrest" against Mr. Erion Veliaj is opposed. According to the submitted materials and defense arguments, it is said that he is willing to cooperate with the justice authorities, not posing a risk to the investigations. 

His lawyers claim that there are neither the conditions nor the legal criteria to keep Veliaj in prison. They argue that he is not a flight risk and does not pose a threat to the investigation, evidence or witnesses. One of the key points of the defense is the fact that Veliaj is still the acting mayor of Tirana and, as a locally elected official, should be allowed to exercise his function. 

Based on the law, after the appeal is filed, a rapporteur and a hearing date are assigned. It is believed that this matter will be heard in the High Court within July. Currently, there is no exact date for the hearing in the High Court, as the conclusion of the preliminary hearing is awaited. However, practice with similar cases such as that of Mr. Beqaj, Berisha or Meta, shows that the hearing may take place within the July deadlines. It is important to note that this is a matter that, according to the procedure, can be heard in the Consultation Chamber without the presence of the parties. 

The decision to accept or reject the appeal can only be made on the basis of the documentation and claims presented by both parties – on the one hand, Veliaj’s defense, and on the other, SPAK. The rapporteur judge in this case is Albana Boksi, who was transferred from the Court of Appeal for Serious Crimes to the High Court, after successfully passing the vetting process. She is one of the first judges to move from the Special Appeal to the High Court through a competitive process. The trial in this case will be conducted by a three-member panel. 

Currently, only the rapporteur is known, while the other two judges who will participate in the review are expected to be announced. Meanwhile, in parallel with this process in the High Court, two other sessions have been held in the Special Court of Appeal on issues related to the two-month information on the progress of the investigations. 

One of them is expected to take place tomorrow. The lawyers will be familiarized with the new evidence presented by the prosecution and if no new or strong evidence is identified, they may request the replacement of the security measure. Veliaj has been in "prison arrest" for four months. Tomorrow's hearing is expected to be important for his legal future. Regarding the question of whether Veliaj is likely to be released, there is a major dilemma facing the Supreme Court: 

Will the interest of the SPAK investigation or the duty that Veliaj currently exercises prevail? This is a fundamental change from previous cases of high-ranking officials, who at the time of the investigation were no longer in office. At the moment, judicial practice shows that the Supreme Court has not accepted the release for criminal offenses attributed to Veliaj, such as corruption. If it happens differently, this would be the first time that an official of his level has been released from arrest under the conditions of a corruption charge, due to the duty he still holds. 

"So, the only distinguishing circumstance in this case is the function that Veliaj exercises. His lawyers support the request for release precisely on this basis, distancing themselves from the precedent of other cases. However, it remains to be seen whether the Supreme Court will follow previous practice or set a new standard ," Lala said. 

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