A violation of the rule of law in Albania

By Shqiponje Veliaj, mother of Erion Veliaj, Mayor of Tirana

Just over four months ago, my family was suddenly engulfed in a Kafkaesque nightmare. On an otherwise unremarkable day in February, my son, Erion, three-time elected Mayor of Tirana, who has done so much to revitalise the capital, was arrested by SPAK, the independent anti-corruption institution.  The arrest was made on the basis of an anonymous allegations made to police by a fictitious individual almost two years ago. Allegations my son categorically denies.

Since then, he has been held in near-solitary confinement despite no charges having been brought. He has been denied access to his international counsel, and his continued incarceration prevents him from carrying out the duties of his office, in accordance with the mandate given to him by the people of Tirana when they voted for him. 

It is worth considering the broader context of the situation.  Albania is on track to become a member of the European Union potentially as early as 2030. As a proud Albanian, this will be important for all of us for many reasons. It will help to bring prosperity to Albania and open the doors for further tourism and job opportunities.  It will also bring further stability in these uncertain times and deepen cooperation on issues related to security and defence.

One of the key hurdles to accession is upholding the rule of law and the fight against corruption.  It’s no secret that Albania has had much to fix on this front. I have seen Albania emerge from communism, a time when people were disappeared by state police and lived in fear.

The role of SPAK has been critical in tackling the scourge of corruption, enacting justice reform at scale, and improving judiciary performance.  However, it appears now to be exercising wide powers with very limited oversight. My family are fully supportive of the need to investigate any suspicion of misconduct. Corruption in Albania needs to be confronted head on, and the institutions tasked with rooting it out must be empowered to do their work. No one should be above the law, not my son, nor any public official.  But equally, no one, no matter their position, should be detained without charge, due process, transparency or access to their legal counsel.

So why are EU institutions and member states closing their eyes as one of Albania’s most visible democratically elected leaders continues to be detained without charge, potentially in violation of the European Convention of Human Rights (“ECHR”)?

My family is suffering greatly as a result of this ordeal. But we are not alone. This arrest first and gather evidence later process also happened to Thoma Gellci, and in his case the ECHR ruled that his pretrial detention was unlawful. Thousands of Albanians face pretrial detention and the proportion of the prison population in pretrial detention far exceeds the average across Europe. Sometimes people are detained for years. This feature of the Albanian judicial system destroys lives and careers. Anti-corruption bodies should operate to the highest investigative standards, avoiding theatrical arrests that may be deemed unlawful by higher courts if due process is not followed.

This is not what justice reform should look like. SPAK has made real progress, but that progress must be measured not just by arrests but by fair trials, independent courts, and the protection of human rights.

The respected Albanian lawyer and civil rights advocate Dorian Matlia recently put it bluntly: “In Albania, they throw you in jail first, then collect the evidence.” The system locks people up, then justifies it retroactively. If the evidence falls short, the courts convict anyway to rationalise months of detention.

European leaders must not remain silent just because on paper Albania’s narrative of progress reads well. Institutions can be created, laws can be written, but they must be applied fairly. In this case, due process is being ignored. Rights are being trampled. And the credibility of Albania’s judicial system is at risk.

This is not about shielding my son from accountability. He is only one of many individuals affected by this systemic issue in Albania. It is about defending the fundamental principles that underpin democracy, including the presumption of innocence, the right to liberty, the obligation to charge or release, and the humane treatment of all detainees, regardless of politics.

As an Albanian citizen I want to see my country doing right by all of its people. As Erion’s mother I want to know he will be treated with dignity.

 

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