Tirana Mayor Erion Veliaj has turned to the Supreme Court with a request aimed not only at changing the security measure of “arrest in prison,” but also at securing his immediate release. According to the version presented by the defense, the case does not need to be sent back for retrial in the lower courts, but can be resolved definitively by the highest court itself.
Defense seeks a ruling without sending the case back to the lower courts
According to the filed request, the defense argues that the case is mainly legal and constitutional in nature. For this reason, it claims that the Supreme Court has the authority to rule on the merits, without prolonging the process by sending the file back to the lower courts.
Along these lines, the defense says no new evidence or reassessment of facts is needed, but rather a final evaluation of the legality and proportionality of the security measure currently in force.
At the center of the debate, the proportionality of the arrest
According to the defense, the Supreme Court should verify whether the “arrest in prison” measure remains necessary and proportionate. The request also raises the question of whether the procedural risks were argued concretely and whether alternative security measures were genuinely examined.
This means the debate is not being presented only as a procedural one, but also as a test of how a serious restriction on personal liberty is justified in a process that is still ongoing.
Objection also raised to being held in the glass cage
Another point in the request concerns Veliaj’s presence in the glass cage during court hearings. According to the defense, this practice violates human dignity and runs contrary to the principle of the presumption of innocence.
For this reason, it has been requested that he not be kept in the “cage” during court proceedings, an issue that touches not only on the symbolism of how a defendant is treated, but also on the standard that justice institutions choose to follow in the courtroom.
Defense also links the arrest to the exercise of the mandate
In the arguments presented, the defense also raises the issue of the Tirana mayor’s mandate. According to it, Veliaj was elected for a four-year term from June 2023 to June 2027, and the continuation of the arrest is making it practically impossible for him to perform his duties.
According to this interpretation, the consequence affects not only his personal liberty, but also the rights of the citizens who voted for their representative. The defense also warns that sending the case back for reconsideration in the lower courts would bring further delays, with the risk that a final decision would come only after a significant part of the mandate had already been used up.
Ultimately, the defense is asking the Supreme Court to exercise its authority, change the security measure, and order the immediate release of Erion Veliaj.
It remains to be seen whether the Supreme Court will examine this approach without returning the file to the lower instances, in a case where the clash is not only over the security measure, but also over the standard by which justice treats elected figures.