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Sentenced to life for the murder of Commissioner Lamaj, the Strasbourg Court rules in favor of Arben Frroku: He must be retried

2025-02-06 22:09:58Aktualitet SHKRUAR NGA REDAKSIA VOX
Sentenced to life for the murder of Commissioner Lamaj, the Strasbourg Court
Arben Frroku

The European Court of Human Rights has ruled in favor of Arben Frroku, sentenced to life by the former Serious Crimes Appeal Court for the murder of police officer Dritan Lamaj.

Strasbourg says that the trial against him violated human rights and, as such, he should be retried, at least by the Constitutional Court of Albania.

Arben Frroku, sentenced to life by the Serious Crimes Appeal for the murder of Commissioner Lamaj, is in prison in the Netherlands, a country that has refused his extradition.

The Strasbourg decision forces the Albanian state to reopen the case, giving Frroku the opportunity for a new review.

Strasbourg has assessed that Article 6, paragraph 1 of the Convention on Human Rights has been violated, regarding the complainant's right to a reasoned decision by the Constitutional Court.

Also unanimously, Strasbourg rejected Frroku's request for 50 thousand euros in damages and 10 thousand euros in compensation for expenses.

"The applicant claimed 50,000 euros (EUR) for non-pecuniary damage and 10,000 euros for costs and expenses of the proceedings before the Constitutional Court and before the Court. The Government considered the claim for these amounts to be unfounded and excessive, and also stated that the applicant had not submitted any invoices to support his costs.

The Court reiterates that a decision in which it finds a violation of the Convention imposes on the respondent State a legal obligation to put an end to the violation and to make reparation for its consequences. Having regard to the nature of the applicant’s complaints and the violation found, the Court considers that the most appropriate form of redress for the violations found would be the reopening of the proceedings before the Constitutional Court, if the applicant so requests, as this would ensure full reparation (restitutio in integrum) as required by Article 41 of the Convention. In this connection, the Court notes that Section 71(c) of the Constitutional Court Act provides that proceedings before the Constitutional Court may be reopened if an international court with compulsory jurisdiction over the Republic of Albania finds that the fundamental rights or freedoms of an individual have been violated “by reason of a [previous] decision of the Constitutional Court”. Accordingly, the finding of a violation constitutes sufficient redress for the applicant in the present case.

"As for the expenses and costs for the proceedings before the Constitutional Court and the Court, the applicant has not supported his request with any necessary documents. The Court therefore rejects this request," the decision states.

The Strasbourg Court unanimously

1. Declares the complaint under Article 6, paragraph 1 of the Convention admissible concerning the right to a reasoned decision by the Constitutional Court and inadmissible the complaint under Article 6, paragraph 1 of the Convention concerning access to the Constitutional Court.

2. Finds that there has been a violation of Article 6, paragraph 1, of the Convention concerning the applicant's right to a reasoned decision by the Constitutional Court.

3. Finds that the finding of a violation constitutes sufficient compensation for the non-pecuniary damage suffered by the applicant.

4. Finds that there is no need to examine the admissibility and merits of the remaining complaints.

5. Waives consideration of the compensation request.

Arben Frroku's conviction by Albanian justice

Arben Frroku was initially acquitted of the murder of Dritan Lamaj by the Court of First Instance for Serious Crimes. But as the verdict was appealed by the prosecution, Arben Frroku fled Albania via Montenegro.

The Serious Crimes Appeal sentenced Arben Frroku to life imprisonment, making him once again the most wanted man for the murder of the police chief. From that moment on, Arben Frroku remained abroad until he was arrested in the Netherlands with false Greek documents.

Arben Frroku's appeal to the Supreme and Constitutional Court was rejected, leaving the life sentence in effect.

The extradition request to the Netherlands, through the Ministry of Justice, was rejected.

Arben Frroku is the brother of former MP Mark Frroku, who was released from prison in May 2018 after being convicted of concealing assets, money laundering and illegal construction. Mark Frroku was also accused of a murder in Belgium, which took place in 1999, but the charges for this crime were dropped due to lack of evidence, while the former MP stated several times that he had no hand in this incident.

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