The Constitutional Court overturns Pëllumb Gjoka/ It does not overturn the SkyEcc talks

2024-12-30 15:36:00, Aktualitet CNA

The Constitutional Court overturns Pëllumb Gjoka/ It does not overturn the

The Constitutional Court rejects Pëllumb Gjoka's request for SkyEcc conversations. The businessman was arrested as part of "Metamorphosis", after appearing in the conversations of crime applications.

According to this decision taken unanimously by the Constitutional Court, SkyEcc's interceptions will be used as evidence in court proceedings.

Pëllumb Gjoka demanded that the Constitutional Court declare invalid the interceptions of SkyEcc and EncroChat platforms, on which SPAK has initiated a series of criminal proceedings and carried out a series of arrests of various persons.

Notice of the Constitutional Court

Today, on 30.12.2024, the Constitutional Court considered the case with petitioner Pëllumb Gjoka and with the object: "Repeal of decisions no. 94, dated 23.07.2023 of the Special Court of First Instance for Corruption and Organized Crime; no. 97, dated 29.07.2023 of the Special Court of First Instance for Corruption and Organized Crime; no. 38, dated 31.08.2023 of the Special Court of Appeal for Corruption and Organized Crime; no. 00-2023-2238 (364), dated 22.12.2023, of the Criminal College of the Supreme Court, as incompatible with the Constitution of the Republic of Albania, for the part that they had for the appointment and continuation of the measure of personal security "Arrest in prison " to the applicant. Repeal of letters "a" and "b" of point 1 and point 4 of article 6, as and point 2 of article 42 of law no. 95/2016, dated 06.10.2016 "On the organization and functioning of institutions to fight corruption and organized crime", amended as incompatible with the Constitution of the Republic of Albania, because they violate the independence and impartiality of special judges."

At the end of the examination of the case, the Court, based on articles 72 et seq. of the law no. 8577, dated 10.02.2000 "On the organization and functioning of the Constitutional Court of the Republic of Albania", as amended, unanimously decided to dismiss the request.

The final decision will be announced as reasoned within the legal deadlines provided by law no. 8577, dated 10.02.2000 "On the organization and functioning of the Constitutional Court of the Republic of Albania", as amended by the Regulation on Judicial Procedures of the Constitutional Court./ CNA