By Enrique Peñalosa
Earlier this month, as the main defense hearings in the controversial case against Istanbul's elected mayor, Ekrem ?mamo?lu, entered a crucial phase, representatives of the European Parliament and the European Committee of the Regions reiterated calls for his release and warned that Europe would not turn a blind eye to this issue.
After the first round of hearings ended on July 8, the Council of Europe's Commissioner for Human Rights stated that the proceedings had raised serious concerns regarding the right to a fair trial and the independence of the judiciary, noting that ?mamo?lu had been prevented from presenting his defense and excluded from important parts of the hearings.
As a former two-term mayor of Bogotá, Colombia, I have collaborated and exchanged ideas with mayors from around the world, and I can’t help but think about what happened to Ekrem ?mamo?lu. His case also brings to mind Erion Veliaj, the mayor of Tirana. Both are currently in prison on what appear to be more political than criminal charges. I have met them several times, including together in 2024 at Bloomberg CityLab, a summit that brings together urban planners and political figures to find ways to improve life in cities.
I have followed their remarkable performance as mayors and how they have led their cities towards concrete improvements. In Istanbul, this has included the expansion of metro lines and public transport networks, as well as comprehensive earthquake preparedness and resilience initiatives aimed at strengthening vulnerable buildings and modernising infrastructure. In Tirana, Veliaj’s mandate has also brought about the transformation of public spaces through pedestrianisation projects, municipal tree-planting programmes and urban redevelopment, which have significantly changed the quality of life in the city.
With this in mind, I was disappointed to see that these achievements were overshadowed by criminal proceedings that have become increasingly questionable.
In March 2025, Turkish authorities arrested ?mamo?lu on charges including corruption, bribery, abuse of office, leading a criminal organization, and aiding a terrorist group. His main trial began in March 2026, while defense hearings in July raised concerns about his ability to fully participate in his own defense.
In Albania, the Special Structure against Corruption and Organized Crime (SPAK) arrested Veliaj in February 2025, on charges of passive corruption, reportedly following an anonymous tip-off. Eighteen months after his arrest, Veliaj remains in detention, although he has never been convicted of any criminal offense. Following a Constitutional Court ruling that overturned an attempt to remove him from office, he continues to serve as the legally recognized mayor of Tirana, from prison.
While justice must hold accountable anyone who breaks the law, whether mayor or ordinary citizen, it must also ensure that due process rights are fully respected in every case. Based on publicly available information, serious questions remain as to whether ?mamo?lu and Veliaj have received the full legal protection they are entitled to.
In Turkey, one of the biggest concerns about due process is ?mamo?lu’s prolonged detention. Held for nearly a year in pretrial detention before his main trial began, he has effectively been stripped of much of the political authority he won at the ballot box. During this month’s hearings, he was barred from entering the courtroom on several occasions and, ultimately, denied the opportunity to present his defense.
In Albania, similar concerns arise from Veliaj's continued detention despite the lack of a final court decision finding him guilty. His legal team has also alleged that prosecutors have repeatedly attempted to restrict his access to nearly 60,000 pages of evidence, have restricted confidential communication with his state-appointed lawyer, and have relied on his legitimate lobbying and advocacy activities to justify the extension of his detention.
I am not the only mayor who has noticed this. Seventy-six mayors from the B40 Balkan Cities Network signed a joint letter in support of ?mamo?lu and Veliaj. United despite their different political affiliations, these local leaders raised a common alarm about their indefinite detention.
European legal analysis also reinforces this concern. The Council of Europe’s Venice Commission, an advisory body composed of constitutional law experts, published a report directly on this issue, with the telling title “The impact of the detention of mayors on the exercise of local democratic governance.”
The report warns that the misuse of pre-trial detention of elected officials poses a serious threat to democratic governance and the rule of law. The Venice Commission concluded that the widespread and disproportionate use of pre-trial detention of local elected officials violates the presumption of innocence, stifles pluralism and restricts free political debate.
When imposed without legitimate grounds, detention may serve an “ulterior purpose” within the meaning of Article 18 of the European Convention on Human Rights, such as the suppression of political pluralism and democratic debate. The Venice Commission further stressed that the removal from office of an elected mayor affects not only the office-holder but also the electorate, depriving it of the representative it has chosen.
Respect for the rule of law requires both responsibility and restraint. It requires that justice be served without violating the rights it seeks to protect.
For these reasons, and in accordance with the fundamental principles of due process and democratic legitimacy, Ekrem ?mamo?lu and Erion Veliaj should be released on bail, on personal bail. As elected mayors, both should be subject to proportionate precautionary measures that allow them to continue exercising their public mandates, unless and until a competent court decides otherwise.