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The Constitutional Court sets limits for SPAK regarding seized PHONES, Ylli Manjani REACTS!

2026-01-15 11:48:19Aktualitet SHKRUAR NGA REDAKSIA VOX
The Constitutional Court sets limits for SPAK regarding seized PHONES, Ylli
Star Manjani

Former Minister of Justice, Ylli Manjani , has reacted after the publication of decision no. 44/25 of the Constitutional Court, describing it as a fundamental blow to the practice of generic seizures of mobile phones and the massive acquisition of private data by SPAK .

According to Manjani, the decision clearly establishes that the criminal investigation cannot be built on the violation of privacy and constitutional rights, but only on due process.

Ylli Manjani 's reaction :

I am very curious to see how the continuation of criminal cases opened on the basis of data that was stolen from cell phone memories will be justified!

Decision 44/25 of the Constitutional Court, which was finally made public, clearly shows that:

1. The seizure of mobile phones is not a seizure of a simple item but also constitutes a seizure of private correspondence.

2. Electronic data contained in the memories of mobile phones or computers are protected by Articles 35, 36 of the Constitution as well as Article 8 of the Convention. Therefore, they are part of the right to private life and the guarantee of confidentiality of correspondence.

3. When the investigation absolutely requires a private electronic data, the court/prosecutor is only allowed in well-justified circumstances to request from the holder of the private electronic device/archive the data they want. Not others. The person who gives them of his own free will must be informed in advance that he is giving up a right protected by the Constitution.

So " the will is not enough, but also the real awareness of the holder of the gift ", says the court.

It is forbidden to take the entire memory of electronic devices!

4. Even the seizure or forcible taking of electronic information is carried out only after the informed consent of the holder of the private memory has been exhausted. In each case, a court decision is required to specifically authorize the taking of the requested data, and not everything found there.

5. There are no more generic decisions to seize cell phones or computers without first indicating to the court what specific information is required to be obtained.

There are many other provisions in that decision, which has set limits on the use of private electronic data for investigative purposes.

Now look at how a good portion of SPAK's criminal cases have started.

With generic seizure decisions; with theft of private data from the memories of cell phones or computers of both the persons under investigation and, worse yet, of other persons.

Decision 44/25 of the Constitutional Court gives the final blow to these cases that have started in a haphazard manner with stolen haphazard data.

I am very aware that humanity is thirsty for blood and violence, or mentally pregnant with the expectation of sex videos that SPAK may have stolen.

But what happened has nothing to do with due process. One day, somewhere, someone will have to throw these processes in the trash.

The sooner this happens, the less cost it will be for us.

I repeat:

The process is our guarantee, not specific names, much less their deeds.


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