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SPAK seized a citizen's cell phone without a court order, the Constitutional Court's decision will set a precedent: Her right has been violated

2025-07-29 19:21:00Aktualitet SHKRUAR NGA REDAKSIA VOX
SPAK seized a citizen's cell phone without a court order, the
Constitutional Court

The Constitutional Court has partially accepted the request of citizen Onejda Ymeraj, finding that the seizure of her mobile phone by the Special Anti-Corruption Prosecutor's Office violated the right to freedom and confidentiality of correspondence, as well as the protection of personal data.

"Ymeraj was not subject to criminal proceedings, but despite this, her cell phone was seized and its data was processed," the Constitutional Court emphasizes in the announcement.

The Court assesses that this action was not accompanied by the necessary legal guarantees and was carried out in a lack of proper proportionality.

In this decision, the judges clarify that when the seizure of a phone is carried out under emergency conditions, then it must be subject to judicial control as soon as possible.

"The Court assesses that from the content of Articles 36 and 35 of the Constitution, freedom and confidentiality of correspondence and the right to protection of personal data are guaranteed at the constitutional level, which means that the protective guarantees from the arbitrariness of public authorities during the criminal process are detailed in the Code of Criminal Procedure. In their interpretation, the Court also takes into account the guarantees according to the jurisprudence of the European Court of Human Rights," it further states.

In conclusion, the Court orders the destruction of all copies of messages and personal data that are not related to the subject of the criminal investigation and requests that the rest be kept in sequestration only under judicial control.

The Special Prosecution Office must implement this decision within 3 months.

This decision marks an important precedent for the protection of digital rights and freedom of correspondence in Albania.

The seizure of Ymeraj's cell phone was carried out as part of the investigation into former Deputy Prime Minister Arben Ahmetaj.


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