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Arben Ahmetaj sues the Albanian state in Strasbourg

2025-11-10 14:25:00, Aktualitet CNA

Arben Ahmetaj sues the Albanian state in Strasbourg

Former Deputy Prime Minister Arben Ahmetaj and his cohabitant have sued the Albanian state in the Strasbourg Court.

It is reported that the lawsuit is related to the searches carried out at their apartment.

In his complaint, Ahmetaj claims that his immunity was violated during the search. This is because at that time, the former deputy prime minister still had the mandate of an MP.

The searches at Ahmetaj's apartment were carried out in March 2023.

 

“ The first applicant was at the relevant time a Member of Parliament (MP), and the second applicant is his partner. The application concerns the search carried out on 9 March 2023 on the person and mobile phone of the second applicant and the applicants’ shared apartment, on the basis of a decision of the Special Court for Corruption and Organised Crime, issued on 8 March 2023.

The final decision was adopted by the Constitutional Court on December 12, 2023 and notified to the applicants on January 12, 2024.

The applicants complain that the search of their home was unlawful, as the first applicant was the Prime Minister at the relevant time, and his home could not be searched without the prior authorisation of Parliament (under Article 73(2) of the Constitution); and that they did not have access to a procedure to challenge the searches in question, contrary to the requirements of Articles 8 and 13 of the Convention.

Has there been a violation of the first applicant’s right to respect for his home, as guaranteed by Article 8 of the Convention? In particular, was the search of the home carried out in accordance with Article 73(2) of the Constitution on the immunity of public prosecutors? Has the first applicant exhausted any effective remedy in this regard?

Did domestic law and practice provide sufficient procedural means to challenge the lawfulness of the search warrant, the manner in which the searches of their home and of the second applicant’s person and mobile phone were carried out, or the seizure of items in their home, as required by Articles 8 and 13 of the Convention (see Brazzi v. Italy, no. 57278/11, §§ 41-48, 27 September 2018; Giuliano Germano v. Italy, no. 10794/12, § 95, 22 June 2023; Mukhtarli v. Azerbaijan, no. 39503/17, §§ 216 and 217, 5 September 2024; and Posevini v. Bulgaria, no. 63638/14, § 84, 19 January 2017)? In particular, was the court decision of March 8, 2023 appealable?

"The government is invited to present relevant jurisprudence and examples of the review by higher courts of similar appeals ," the document states./ CNA





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