Albania's Constitutional Court Issues Second Landmark Ruling in Favor of Tirana Mayor Erion Veliaj; International Counsel at Kasowitz and Mishcon de Reya Call for Prompt Implementation of Constitutional Decision

The Constitutional Court of Albania issued a second landmark ruling in favor of Tirana Mayor Erion Veliaj, holding that the Albanian Supreme Court failed to satisfy fundamental constitutional requirements governing the judicial review of Mayor Veliaj's continued pretrial detention.  The Constitutional Court annulled the Supreme Court's decision and remanded the matter for renewed review.  The ruling follows the Constitutional Court's earlier landmark decision protecting Mayor Veliaj's voter-conferred constitutional mandate as the democratically elected Mayor of Tirana.

In its latest decision, the Constitutional Court held that the Supreme Court failed to conduct the meaningful review required by Albania's Constitution, including to determine whether Mayor Veliaj's continued detention remained necessary and proportionate; to evaluate less restrictive alternatives; to address the constitutional consequences of preventing the democratically elected Mayor of Tirana from exercising the mandate entrusted to him by the citizens of Tirana; and to consider significant constitutional claims arising from Mayor Veliaj's treatment during judicial proceedings.

Although the majority remanded the matter for renewed constitutional review, one of the Constitutional Court judges issued a separate concurring opinion that went significantly further.  The concurring judge concluded that the evidence relied upon by the lower courts failed to establish the constitutionally required reasonable suspicion to justify Mayor Veliaj's detention.  According to the concurring opinion, prosecutors relied on facts that merely reflected the ordinary exercise of Mayor Veliaj's official responsibilities and would not persuade "even an objective observer" that he had committed the charged offenses.  The concurring judge therefore concluded that Mayor Veliaj's continued detention lacked the constitutional foundation required under both Albanian law and the European Convention on Human Rights.

Other members of the Constitutional Court likewise expressed serious concerns regarding Mayor Veliaj's treatment.  Separate opinions criticized the use of a glass enclosure during court proceedings as inconsistent with human dignity, concluded that restrictions imposed during detention interfered with Mayor Veliaj's ability to communicate effectively with counsel, emphasized that the Supreme Court failed to protect adequately the constitutional presumption of innocence and the right to an effective defense, and criticized the lower courts for failing to weigh properly the constitutional implications of depriving the democratically elected Mayor of Tirana of the ability to exercise the office entrusted to him by the electorate.

Taken together, the Constitutional Court's majority opinion and the accompanying concurring opinions identify a remarkable series of independent constitutional deficiencies, including the failure to establish sufficient reasonable suspicion by adequate evidence; the failure to meaningfully evaluate whether continued detention remained necessary and proportionate; the failure to adequately safeguard the constitutional presumption of innocence and the right to an effective defense; the failure to protect courtroom procedures that protected Mayor Veliaj's dignity and his confidential communications with counsel; and the failure to fully consider the constitutional consequences of preventing a democratically elected mayor from exercising the office entrusted to him by the electorate.

The decision establishes constitutional principles extending well beyond this case by reaffirming that restrictions on personal liberty must be subject to meaningful constitutional scrutiny; that courts must independently determine whether detention remains necessary and proportionate; that less restrictive alternatives must be genuinely considered; and that constitutional protections remain fully applicable even in proceedings involving elected public officials and matters of significant public importance.

Daniel J. Fetterman, lead international counsel for Mayor Veliaj and a partner at Kasowitz LLP, issued the following statement:

"The Constitutional Court deserves recognition for its careful, independent, and principled application of Albania's Constitution.  Today's decision represents the Constitutional Court's second ruling recognizing significant constitutional deficiencies in the State's treatment of Mayor Veliaj.

The Constitutional Court has performed precisely the function entrusted to it by Albania's Constitution: ensuring that even in matters involving public officials and allegations of criminal misconduct, constitutional guarantees remain fully enforceable.  Constitutional rights exist precisely to ensure that difficult cases are decided according to law rather than expediency. 

This decision reinforces a principle shared by constitutional democracies throughout Europe and the United States: personal liberty cannot be restricted without rigorous judicial scrutiny and faithful adherence to constitutional safeguards.  The Constitutional Court has now required exactly that searching review, and one member of the Court concluded that the evidence never satisfied the constitutional standard necessary to justify Mayor Veliaj's detention in the first place.  Once the Albanian Supreme Court faithfully undertakes the review required by today's decision, carefully weighs each of the deficiencies identified by the Constitutional Court, and applies the governing standards, we fully expect it will conclude that Mayor Veliaj's continued detention cannot constitutionally be sustained and will order his immediate release.

When those constitutional deficiencies are considered together with the publicly identified use of two purportedly fictitious complainants whose existence has never been established and the participation of a prosecutor who admitted that he lacked the legal qualifications required to hold his office, the Albanian judiciary should ultimately be required to determine whether the cumulative effect of these defects has so compromised the integrity of these proceedings that the prosecution can continue consistently with the guarantees of due process, the Albanian Constitution, and the European Convention on Human Rights.

The rule of law ultimately is measured not by the constitutional rights written on paper, but by the willingness of independent courts to enforce those rights when doing so is most difficult.  Independent courts faithfully applying constitutional principles without fear or favor are indispensable to democratic governance, public confidence in the administration of justice, and the protection of every citizen's fundamental liberties.  We remain hopeful that Albania's judicial institutions will uphold those enduring constitutional principles."

The Kasowitz team representing Mayor Veliaj includes partners Daniel J. Fetterman and Brian S. Choi in New York, and senior counsel Clarine Nardi Riddle and special counsel David Miller in Washington, D.C.