'Veliaj' case, Lala: The first in Albania that an official performs his duty while under arrest

Tirana Mayor Erion Veliaj will remain in prison. The Special Court of Appeal rejected his request for release from prison on bail, leaving in effect the security measure of "prison arrest" imposed on him.  
Journalist Klodiana Lala explained to MCN that this is the first case in Albania where a local elected official has been held in custody while performing his duties, and the final decision is awaited from the Supreme Court, which will decide whether or not he will remain in prison.

" The law obliges the Special Prosecution Office to inform the court every two months about the persons under investigation."

In this specific case, the prosecution carried out this investigative and judicial action in a session held in April, where it informed the court about all preliminary investigative actions against Mr. Veliaj, the Mayor of Tirana, his wife Ajola Xhoze, as well as six other businessmen who are under investigation for criminal offenses of corruption and money laundering.

According to the law, when prosecutors or the preliminary judge determine that there are no more investigative actions to be carried out, they may order reductions in the time of the investigation or review security measures.

The first instance court decided that the security measure for Mr. Veliaj should not be changed, as the conditions and criteria on the basis of which this measure was determined had not changed.

This decision was appealed by Mr. Veliaj himself, who requested a review of the measure, arguing that there was no longer any reason for his detention in prison, and that he should be returned to his post as mayor of Tirana, as there was no risk of him destroying evidence or intimidating witnesses.

In today's session, where only Mr. Veliaj's lawyer was present (since the mayor did not attend), and where businessman Elman Abule and his lawyer also participated, the lawyers requested the mitigation of the measure for Mr. Veliaj, proposing as an alternative a financial guarantee, without specifying the amount, to be set by the court.

However, the court ruled that Mr. Veliaj should remain under the security measure of arrest in prison, arguing that there are still investigative actions to be carried out and there are reasonable suspicions that he could influence witnesses or destroy evidence, especially if he is released with a lighter security measure.

Meanwhile, businessman Abula was placed under house arrest, after his security measure was eased from prison arrest to house arrest, since the time he appeared at the appeals court.

In relation to this issue, it should be noted that Mr. Veliaj has filed an appeal with the High Court against the measure of arrest in prison, as have the other suspects, including his wife and the businessmen involved.

So far, in practice, the Supreme Court has not eased security measures in such cases, such as the cases of Mr. Berisha or Mr. Meta.

However, this is the first case where a local elected official, such as the mayor of Tirana, has been arrested while in office.

Unlike other former officials who have been arrested while in office, Mr. Veliaj is the only one who is still in office and for this reason the Supreme Court will face a major dilemma, taking into account the function he continues to exercise.

If his appeal is rejected, the detention could be extended for a minimum of one year, pending a possible reassessment of the measures.

On the other hand, considering the suspected criminal offenses (corruption and money laundering), the practice so far of SPAK, the special court and the Supreme Court has been to maintain strict security measures, mainly imprisonment.

Only in exceptional cases, such as serious illnesses or family obligations, has the security measure been eased.

In the case of Mr. Veliaj, the situation has worsened even further, as SPAK claims that he has directed attacks against judges and prosecutors even from prison.

"This is the main argument why the special prosecutors insist that he remain in custody, session after session."