Equality before the law: the deputy and the guardian

Genc Chicken

The first constitution of newly independent Albania declared that “All Albanian citizens are equal before the law” (Organic Statute, Article 27)

This principle was reconfirmed in all subsequent conditions, including formally during communism. In the European tradition, it appears at the beginning of the 6th century BC in ancient Athens (isonomia) and in ancient Rome (aequitas). It is also rooted in the Bible and the Quran. Since then, this legal and social principle has undergone historical ups and downs and has been consolidated in the last three centuries by being included in the constitutions of European states. But at the same time, this principle is challenged from time to time even today in free societies where we also have rich and poor people, powerful and ordinary people.

It seems that in recent weeks this principle has been challenged by SPAK. Among those connected to the criminal case against the mayor of Tirana are two people for whom the Special Prosecutor has filed a claim.

Person 1: KB

KB was indicted in February 2025 after intimidating a witness who worked for one of Veliaj's wife's NGOs, taking her cell phone so that it would not fall into the hands of investigators, and offering her a new Fringo cell phone as well as "advice" on what to say during questioning by the prosecutor. KB is suspected of the criminal offense of "Actions that hinder the discovery of the truth" (Criminal Code, Article 301, punishment: fine or up to three years in prison). An interesting thing about the KB case is that in February 2025 she was a Socialist Party deputy elected to the Assembly for the second time and, ironically, chairwoman of the Laws Committee. After the indictment became public, KB did not resign as chairwoman or deputy. The SP did not seek a public explanation or distance itself from the accused deputy; much less did it call for her to resign or take measures in this regard. KB was again the SP candidate in the May 2025 parliamentary elections.

The opposition DS MP, at the only committee meeting before the dissolution of the legislature, stood and shouted "resign" to the UN Speaker.

KB has not accepted the accusation. In the claim, the prosecutor requested a fine of 400 thousand lek (approximately €4,200) for him.

Person 2: FB

FB, a guard at Durrës prison, was found guilty after it was discovered that in March 2025, during the transportation of the detainee Veliaj, he gave him his mobile phone when Veliaj asked him to give him the opportunity to talk to his wife. FB is accused of “Bringing or keeping prohibited items in the institution for the execution of prison sentences” (Criminal Code, Article 324/a, punishment: fine or up to three years in prison).

FB has accepted the charge and has cooperated with the prosecution. In the claim, the prosecutor requested a sentence of 5 years in prison, which is reduced to 3 years and 4 months after the summary trial, and which may not be executed but may be put on probation.

Some general principles applied

The more aware the defendant is that he is committing a criminal offense, the more this is considered an aggravating circumstance for him. For the lawyer and chairwoman of the Laws Committee in the Assembly of the Republic, I believe it is clear that he knew well what he was doing. Can this be said about the FB guard with lower education and training than KB? I have my doubts about this. In his mind, FB was giving the prisoner the opportunity to talk to his wife, whom, based on prison regulations, he could meet periodically.

The higher the defendant's position in state and social life, the more this is considered an aggravating circumstance for him. The comparison here has no dilemma: the position of KB as chair of the parliamentary committee is far higher than that of the prison guard FB.

The action of the KB seems deliberate, well thought out and planned in collaboration with Veliaj's wife, also a defendant in the same case as the mayor. The action of the FB seems to be a spontaneous reaction to the request of an important politician, even the mayor of the capital. Here too, even in the cooperation with the prosecution, the circumstances are in favor of the FB guard and in disfavor of the KB deputy.

Any conclusion pending court verdict

The Special Prosecutor, who seems to be the same for KB and FB, seems to have erred by easing his claim for KB and aggravating FB. For criminal offenses for which the Code provides for almost the same punishment, he wants to imprison (in principle) the prison guard and only fine the deputy/committee chairwoman 5 weeks' salary. The Prosecutor still has time to correct the mistake and review the claims. Otherwise, he must explain why the law is being applied unequally. And then it is up to the court to respect the principle of the Organic Statute and the Constitution of the Republic that "Everyone is equal before the law."

Genc Chicken

President of Paneuropa-Albania

June 23, 2026