Requesting abolition of JCKKO decisions, Constitutional Court Takes Down Frede Beler

The JSK decision:

On the 2809.23th Constitutional Court has been registered the request of researcher Dyonysios Alfred Beler, who has called for the abolition, as incompatible with Constitution, of decisions no. 46, 22,05,2023 of the Special Court Against Corruption and Organised Crime Tirana; No. 19, date 01.06.203 of the Special Court of Appeals for Corruption and Organised Crime; No. 00-2023-13 (224), the date 25,203 of the Supreme Court's Penal College, which had imposed on researchers the measure of personal security “Arrest in prison” pending his trial for criminal work “active corruption in the election”, envisioned by Article 328 and 25 of the Penal Code.

The researcher, in effect, has claimed that during the process of imposing on him the measure of personal safety, courts have carried out an irregular legal process, by which they have violated the right to be elected due to the restriction of personal freedom, as a result of placing the measure “Arrest in prison”. For this reason, he has claimed that he has been placed in the inability to personally present himself for performing his oath as the mayor of the Hymara municipality, who emerged victorious from the 2023 local elections, resulting in the inability to exercise this mandate won. According to the researchers, the personal security measure imposed by the courts is not proportional to the needs of the investigation, public interest required to be protected and the situation it has caused, as the criminal act for which he is charged is sentenced to prison for up to 5 years. He has also claimed violating the principle of equality before law and non-discrimination, since it has not been treated equally in relation to other citizens who are in the same condition, referring to the case of another citizen accused of committing the same criminal act. Also, the researcher has claimed violating the principle of presumption of innocence because courts have burdened his position as a defendant by adding prosecutorial arguments and strengthening the reasoning for the measures of security “Arrest in prison” in the appeal trial.

The College of the Constitutional Court, on the date 13,10.23, after considering the case, decided to hand it over for examination at the Judges' Meeting, which, on the date 23.10,2023, decided to pass the case for examination at the plenary hearing on the basis of documents.

The court, assembled today on the date 21.03.24, based on articles 131, points 1 letters “ ” and 134, provisions 1, letters “, ”, Constitution, and below the following 72 laws. 8577, the 1002.2000 “for organising and functioning the Constitutional Court of the Republic of Albania”, changed, decided to drop the demand for these reasons:

Regarding the claim of violating the principle of equality before the law and failure to discriminate, the Court estimated that the seeker is not legitimized.
Regarding the claim of limiting personal freedom to violating the principle of proportionality, the Court assessed, by majority, that the restriction of personal freedom is imposed by courts common to a legitimate purpose that is guaranteeing the prosperity and integrity of the criminal process in charge of Mr. Beler. The court also estimated that the personal security measure “Arrest in prison”, established by ordinary courts, does not appear unproportional in the context of the case's circumstances.
Regarding the claim of violating the right to be elected, the Court found that this right lies not only on the right to run but also on the right to exercise the public function entrusted by electors. In this context, the Court estimated that placing the personal security measure “Arret in prison” in charge of Mr. Beler unable to carry out his oath procedure as elected mayor of the Himara municipality, and, therefore, it (the amount of arrest) constitutes a restriction to his right to be elected. However, since the Court concluded that restricting Mr. Beler's personal freedom was meant for a legitimate purpose and that the restriction is proportional to this purpose, it (the court), by majority, found no violation of the researchers' right to be elected.
In terms of violating the principle of presumption of innocence due to Mr. Beler's weight in office as a defendant as a result of adding arguments to the justification of the security measure “Arrest in prison” by Apel's JKKO, the Court estimated that the reinforcement of reasoning by the highest court, as long as it (the highest court) does not burden the measure of security in the charge of defendants, it is not difficult to position his position. So the Court, unanimously, found no violation of the principle of presumption of innocence in the case of Mr. Beler.