Arben Ahmetaj and his partner appealed in the Special Appeal the decision of the First Instance to allow the inspection of BKH in the apartment of Erjola Hoxha .
They demand the finding of illegality of the decision of the First Instance for allowing the control of the apartment in Hamallaj, owned by Ahmetaj's partner, Erjola Hoxha, calling it "an act that violates the sovereignty of the Assembly, the Constitution of Albania and the Code of Criminal Procedure " .
Ahmetaj and Hoxha also call the restriction of the freedom of Ahmetaj's partner illegal, for about 1 hour and 20 minutes, during the time when the apartment was searched.
They also complain about taking the PIN of Mrs. Hoxha's phone SIM card, without an authorization from the Court.
" The act of forcing Ms. EH to disclose her phone password and SIM card PIN is an act that violates her right to privacy of communications. There was no act authorizing GJKKO to intervene and find out about the content of private communications of Mrs. EH
Also, putting her under pressure from the BKH investigators as soon as she was contacted and their immediate demand to hand over the passwords that allowed access to the communications contained on her mobile phone is an act that shows a lack of respect for the dignity of human and humiliating treatment that caused her to feel fear, anxiety and inferiority.
So the handing over of passwords was made possible against her will and without having the possibility of another choice. She feared that she could be arrested due to the objection of the judicial authorities, we note that the investigators did not have the right to access the computer system of Ms. EH's smartphone and learn about the contents of private electronic communications without a special authorization order of the court. .
This course of action violated her right to guarantee her human dignity and the privacy of communications ," says Arben Ahmetaj's request.