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Strasbourg decision and serious violations of Vetting in the case of former judge Shkëlzen Selimi! Chain effect for other cases

2025-11-25 13:35:17Pikëpamje SHKRUAR NGA EDUARD HALIMI
Eduard Halimi

Today’s decision of the European Court of Human Rights (ECHR) in the case of Selimi v. Albania is one of the most important decisions given against Albania regarding the vetting process. Following the “Cani vs. Albania” decision, which I represented myself in Strasbourg, this decision creates new standards, imposes obligations on the state, and brings far-reaching legal and institutional consequences and creates a chain effect for other cases. 

1. The decision affects the foundations of the vetting process in the KPC and KPA and finds a direct and serious violation of Article 6/1 of the ECHR!

The truth is that the vetting process is built on the idea that:
– secret information,
– data from allies,
– and classified documents

can be used without revealing it to the judge or prosecutor. They could only be seen by those, the most prominent members of the judiciary, members of the KPK/KPA and never by the judge or prosecutor.

The ECHR clearly states in this decision that this practice seriously violates the right to a fair trial if the judge is not made aware of the "essence of the charges".

The importance of this finding affects the very basic mechanism of vetting to date, especially the part of the control of the purity of the image. This decision brings a chain effect for the cases concluded to date. On the other hand, for the few cases that are being processed, if the practice of not declaring evidence is not changed, Albania may face a series of other winning cases against it.

2. The decision sets a new standard: the judge must be informed of the essential facts. The opposite is a serious and direct violation of Article 6/1 of the ECHR.

The ECtHR found that Selimi:
– was not informed of any concrete element of the corruption allegations,
– was not told the time, place, persons or manner of the inappropriate contacts,
– had no real opportunity to challenge the evidence.

The ECtHR finds that:

Although the KPK/KPA may use secret information, it never has the right to hide basic facts from the subject.

This reasoning of the ECHR is of fundamental importance for the KPA which urgently needs to modify the way information from partners is used, by providing at least a summary of the facts to the judge/prosecutor. If not, the process risks being declared in systematic violation of the Convention.

On the other hand, all those judges/prosecutors who have been treated the same as Mr. Selimi have the opportunity to use the chain effect of findings and turn to the ECHR.

3. The decision strikes down Vetting for direct and serious violation of privacy and strengthens standards of judicial independence

The ECtHR emphasizes that the dismissal of a judge is not a simple administrative measure, but an act with serious consequences on:

– career,
– reputation,
– private life,
– institutional independence of the judiciary.

The importance of this decision is the finding for the first time that vetting has affected the private life of the judge/prosecutor in these cases and this can also be used by other applicants.

This decision recalls the state's obligation to treat judges with strong procedural standards, especially when it comes to dismissal. It raises expectations that Albania will guarantee a fairer and more protected formal process. This argument can be used for the first time in analogous cases by other applicants

4. The decision may lead to revisions of vetting decisions in a chain reaction.
It is a fact that many of the vetting decisions:
– were based on unclassified information,
– information provided conditionally by DSIK or SHISH,
– or documents that were not provided to the subjects.
– Information that has often been used to pressure even those who have passed the vetting.

The “Selimi vs Albania” decision creates the legal basis for: other subjects to request review, to appeal to the ECHR,

In conclusion, today's Strasbourg decision has a profound impact on the Vetting system. It is important for several reasons:

sets new standards for transparency in vetting,
requires procedural and legal adjustments
, guarantees more rights for judges and prosecutors,
affects security relations with foreign partners,
reopens the debate on the progress of vetting after 7 years of implementation and creates a chain effect for new applicants.

This decision is one of the strongest signals that the ECHR has ever sent to Albania in the field of vetting!


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