Tirana Times, Februar 25.The European Court of Human Rights (ECHR) in Strasbourg ruled today in favor of Thoma Gëllçi, confirming that his arrest was unlawful. This decision represents a significant legal and moral victory for the former director of Albania’s national broadcaster, RTSH, who was detained three years ago on charges that the court deemed unsubstantiated and unjustified.
Gëllçi was arrested in October 2021 on charges of abuse of office related to a public procurement process. He was placed in pretrial detention by Albania’s Special Court Against Corruption and Organized Crime (GJKKO), which claimed there was reasonable suspicion of his involvement in illegal activities. However, Strasbourg’s ruling has now exposed the procedural flaws and lack of concrete evidence behind this detention.
The core legal issue in Gëllçi’s case concerned the postponement of a goods inventory by approximately two weeks. This delay did not cause any economic damage to the institution or the state budget; on the contrary, it helped to avoid penalties. Despite its administrative nature, this case was treated by SPAK as a serious criminal offense, leading to an arrest warrant being issued without Gëllçi ever being questioned.
This case highlights a troubling pattern in which SPAK (Special Anti-Corruption Structure) and other judicial bodies have turned high-profile arrests into a form of public spectacle. Instead of adhering to European legal standards, they appear more interested in dramatic arrests that generate media headlines rather than ensuring due process.
In its ruling, the ECHR found that the justifications for Gëllçi’s detention were vague and unsubstantiated. SPAK failed to provide concrete proof regarding the necessity of further evidence collection and why such evidence had not been gathered earlier. The court also questioned the necessity of Gëllçi’s continued detention and dismissed any risk of flight. Additionally, the Strasbourg Court criticized the prolonged detention, stating that Albanian authorities failed to exercise “special diligence” in their investigation. As a result, the court ruled that Albania had violated the European Convention on Human Rights by subjecting Gëllçi to unjustified pretrial detention without clear evidence.
While the Strasbourg ruling did not award substantial financial compensation, it recognized Gëllçi’s case as a moral and legal triumph. The court also imposed legal costs on the Albanian state, meaning taxpayers must cover the legal expenses incurred by Gëllçi’s defense. However, the legal battle is not over. The next phase will unfold in Albanian courts, where efforts will continue to restore European legal principles that SPAK has allegedly compromised under a politically driven justice system supported by the current government.
A particularly revealing aspect of this case is the role played by Albania’s State Advocacy Office, which operates under the direct authority of the Prime Minister. Throughout the Strasbourg proceedings, state lawyers aggressively defended Gëllçi’s arrest, insisting that it was lawful and evidence-based. However, as SPAK begins to scrutinize individuals within the government’s inner circle, the Prime Minister has suddenly expressed concerns about the standards of arrest procedures.
Gëllçi’s arrest was used by the ruling political party to promote its so-called “achievement in the justice sector,” showcasing it as evidence of a successful judicial reform and the establishment of new justice institutions.
This case underscores broader issues within Albania’s judicial system, particularly the excessive reliance on pretrial detention. As of January 31, 2023, pretrial detainees constituted approximately 55% of the country’s prison population, one of the highest percentages in Europe. Such widespread use of pretrial detention raises serious legal and human rights concerns.
Under Albanian law, pretrial detention is intended as a measure of last resort, applicable only when there is substantial evidence that the accused may flee, tamper with evidence, or pose a danger to public safety. The European Convention on Human Rights (ECHR), to which Albania is a signatory, guarantees the right to liberty and security under Article 5, stipulating that any deprivation of liberty must be lawful, necessary, and proportionate. The European Court of Human Rights has consistently emphasized that pretrial detention should not be overused and that judicial authorities must provide relevant and sufficient justifications for its application.
The excessive use of pretrial detention in Albania contravenes both national laws and international human rights standards. Prolonged and unjustified detention not only violates individual rights but also contributes to prison overcrowding, exacerbating inhumane conditions within detention facilities. To align with its legal obligations, Albania must implement comprehensive judicial reforms that prioritize alternatives to detention, ensure timely and fair judicial proceedings, and uphold the presumption of innocence.
In contrast to his stance on the arrest and detention of Thoma Gëllçi, the Albanian Prime Minister has adopted an entirely different position regarding the arrest and detention of the Mayor of Tirana, Erion Veliaj, a key figure within his close political circle.
Addressing these challenges is imperative for the protection of human rights and the establishment of a more just and efficient judicial system in Albania.
Tirana Times, February 25
