SPAK or GJKKO should change the prison sentence for Erion Velina, for several legal and constitutional reasons.
The Constitutional Court has reinstated the mayor of the municipality, Erion Veliaj. The President's decree on the elections automatically remains in force, implying that Erion Veliaj will be in office until June 2027.
Under these conditions, can he lead the Municipality of Tirana from the detention center in Durrës?
The legislator has provided in the Criminal Procedure Code the measure of imprisonment as an extreme coercive measure, which is used only when all other measures are considered inapplicable.
The GJKKO must change the security measure for several legal reasons:
1- The decision of the Constitutional Court has created new legal and judicial circumstances, which are related to the exercise of constitutional duties and rights.
2- This decision is a legal basis for the European Court of Human Rights in Strasbourg to consider the arrest as an inappropriate measure, just like in the case of the former director of RTSH, Thoma Gëllçi. Furthermore, Erion Veliaj is elected by the people.
3- The GJKKO has a previous practice with Sali Berisha, where after the decision of the Constitutional Court the security measure was changed from "house arrest" to "compulsion to appear".
4- The GJKKO again has a criminal precedent with the same political figure, where after the case goes to trial, the defendant can no longer damage evidence or obstruct the investigation.
5- The court must assess that Erion Veliaj no longer poses a social danger and has no reason to flee Albania.
6- Like many MPs or officials who are investigated free, Erion Veliaj can also be tried without handcuffs.
We can all be politically against Erion Veliaj, but today we must all be legally pro-him, as an opportunity for Albania to show that it has institutions and courts that are guarantors of the Constitution.
Far from any professional ego, the Albanian courts must release Erion Velina today to preserve their institutional integrity.
I would advise every judge to release him today, because it would be more dignified for Albania to remove his shackles, not the Strasbourg Court.
Erion's release is only a matter of time...