The "Beleri" case/ The Constitutional Court rejects the request

2024-03-21 15:32:00, Aktualitet CNA

The Constitutional Court dismisses the request of the elected mayor of Himarë Fredi Beleri.

On 28.09.2023, the request of the petitioner Dhionisios Alfred Beleri was registered in the Constitutional Court, who requested the annulment, as incompatible with the Constitution, of decisions no. 46, dated 22.05.2023 of the Special Court against Corruption and Organized Crime in Tirana; no. 19, dated 01.06.2023 of the Special Court of Appeal for Corruption and Organized Crime; no. 00-2023-1313 (224), dated 25.07.2023 of the Criminal College of the Supreme Court, which imposed on the applicant the measure of personal security "Arrest in prison" pending his trial for the criminal offense "Active corruption in elections ”, provided by articles 328 and 25 of the Criminal Code.

The applicant, in essence, has claimed that during the process of imposing a personal security measure on him, the courts have developed an irregular legal process, through which they have violated his right to be elected due to the restriction of freedom personal, as a result of the imposition of the measure "Arrest in prison".

For this reason, he claimed that he was unable to appear in person for the swearing-in as the Mayor of Himara, the winner of the local elections of 2023, therefore unable to exercise this mandate. According to the applicant, the measure of personal security decided by the courts is not proportional in relation to the needs of the investigation, the public interest that is required to be protected and the situation that caused it, since the criminal offense for which he is accused is punishable by imprisonment of up to 5 years.

He also claimed a violation of the principle of equality before the law and non-discrimination, since he was not treated equally in relation to other citizens who are in the same situation, referring to the case of another citizen, accused of committing the same criminal offense. Also, the applicant has claimed a violation of the principle of presumption of innocence because the courts have aggravated his position as a defendant by adding the arguments of the prosecution and strengthening the reasoning for the security measure "Arrest in prison" in the appeal trial.

The College of the Constitutional Court, on 13.10.2023, after preliminary consideration of the case, decided to pass it for consideration to the Meeting of Judges, which, on 23.10.2023, decided to pass the case for consideration to a plenary session on the basis of documents .

The court, convened today, on 21.03.2024, based on articles 131, point 1, letter "f" and 134, point 1, letter "i", of the Constitution, as well as articles 72 et seq. of law no. 8577, dated 10.02.2000 "On the organization and functioning of the Constitutional Court of the Republic of Albania", as amended, decided to dismiss the request for the following reasons:

· Regarding the claim for violation of the principle of equality before the law and non-discrimination, the Court assessed that the petitioner is not legitimate.

· In relation to the claim for the limitation of personal freedom in violation of the principle of proportionality, the Court assessed, by majority vote, that the limitation of personal freedom was established by the ordinary courts for a legitimate purpose, which is to guarantee the smooth running and integrity of the criminal process in charge of Mr. Beleri. The court also assessed that the measure of personal security "Prison", imposed by ordinary courts, does not seem disproportionate in the context of the circumstances of the case.

· Regarding the claim of violation of the right to be elected, the Court found that this right extends not only to the right to run for office but also to the right to exercise the public function entrusted by the voters. In this context, the Court assessed that the imposition of the personal security measure "Arrest in prison" against Mr. Beleri makes it impossible for him to take the oath procedure as the elected mayor of the municipality of Himara and, as a consequence, it (the measure of arrest) constitutes a limitation of his right to be elected.

However, since the Court came to the conclusion that the restriction of Mr. Beleri's personal freedom was done for a legal purpose and that the restriction is proportional in relation to this purpose, it (the Court), by majority vote, did not find a violation of the right of the applicant to be selected.

In relation to the claim for violation of the principle of presumption of innocence due to the aggravation of the position of Mr. Beleri as a defendant as a result of the addition of arguments for the justification of the security measure "Arrest in prison" by the GJKKO of Appeal, the Court assessed that the reinforcement of the reasoning by the higher court, as long as it (the higher court) does not burden the amount of insurance charged to the defendant, does not constitute a burden on his position. Therefore, the Court, unanimously, did not find a violation of the principle of presumption of innocence in the case of Mr. Beleri./ CNA