#Erion Veliaj #SPAK #Kasowitz LLP #Albania #Tirana

Kasowitz LLP and Mishcon de Reya LLP Publish Report on Mayor Veliaj's Unjust Detention

In a significant move, Kasowitz LLP, based in New York, and Mishcon de Reya LLP from London, have come together to represent Erion Veliaj, the democratically elected Mayor of Tirana, Albania. Their recently published report delves into the troubling circumstances surrounding the continued detention of Mayor Veliaj, who has been held without charge since February 10, 2025. This report raises serious concerns regarding adherence to the European Convention of Human Rights (ECHR) and due process protections traditionally upheld in democratic societies.

Background of the Case

Mayor Veliaj was detained by the Special Anti-Corruption and Organized Crime Structure (SPAK) just three months prior to national parliamentary elections, severely impacting his ability to fulfill his duties as an elected official. The conditions of his detention have denied him both the ability to govern and to actively campaign for the elections set for May 11, 2025. Alarmingly, this detention was sanctioned by a SPAK court without adequate justification, labeling the situation both arbitrary and unjustified under international law.

European Convention of Human Rights Violations

The ECHR stipulates that no individual should be subjected to arbitrary detention; it must be necessary, reasonable, and proportionate. Mayor Veliaj’s continued detainment without charges raises serious questions about the motivations behind SPAK's actions and the legal standards applied during the proceedings. The report indicated that there was a lack of proper evaluation regarding whether his detention was indeed necessary or whether there were viable alternatives that could have allowed him to fulfill his responsibilities as mayor whilst the investigation took place.

Systemic Issues in Albania's Judicial Practices

This report does not only represent the case of Mayor Veliaj but also highlights a broader systemic issue within Albania's judicial framework. Allegations against SPAK's practices include a troubling trend of extended pretrial detentions, evidenced by the February 2025 ruling from the European Court on Human Rights. In a case involving Thoma Gëllçi, it was determined that the extended detention imposed by SPAK violated human rights as outlined under Article 5 of the Convention. The ruling awarded costs to Gëllçi, thus emphasizing the judiciary's growing accountability in such matters.

As of April 2025, a staggering 61.6% of Albania’s prison population consists of pretrial detainees, a number that starkly contrasts with the norms established by other Council of Europe member states. The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) has repeatedly expressed concerns regarding these practices and the overcrowding they cause, advocating for a shift toward more restrictive measures for pretrial detention and promoting alternative, non-custodial options.

Access Issues for Legal Counsel

Another dimension of this troubling situation is the restricted access that Mayor Veliaj’s international legal team has had to him during his detention. Despite several requests to meet with him, access has been denied on questionable grounds, obstructing his ability to pursue international legal remedies. This lack of access potentially denies him the opportunity to seek justice at higher levels, including the European Court.

Next Steps

In light of these circumstances, Mayor Veliaj has lodged an appeal against the SPAK court's detention order, which is scheduled to be examined by the Supreme Court of Albania. The outcome of this appeal could have critical implications not only for the mayor's future but also for the integrity of the Albanian judicial system as a whole.

The Kasowitz-Mishcon de Reya Report stresses the urgent need for judicial reform in Albania, particularly addressing the over-reliance on pretrial detentions which has come under fire from various international observers. The report underscores the importance of maintaining democratic values and ensuring that elected officials can serve their constituents without undue interference or unjust treatment.

As this story unfolds, the actions taken both by legal representatives and the Supreme Court will be critical in determining the future landscape of democracy and judicial integrity in Albania. In these challenging times, the emphasis on human rights and due process becomes more crucial than ever.

Conclusion

The case of Mayor Erion Veliaj serves as a poignant reminder of the significance of legal protections for democratic leaders. It evokes questions about accountability and judicial responsibility, as Albania navigates its path in aligning with European standards of justice and human rights. Amidst these challenges, the hope remains that Mayor Veliaj can resume his role as mayor and continue to work for his community's interests, while systemic improvements in the judicial system are implemented.