CEDH · CASELAW;COMMUNICATEDCASES;ENG — 7 novembre 2024

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sFFD057F { margin-top:0pt; margin-left:14.2pt; margin-bottom:0pt; text-align:justify } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 25 November 2024   THIRD SECTION Application no. 7731/24 Sali BERISHA against Albania lodged on 18 March 2024 communicated on 7 November 2024 SUBJECT MATTER OF THE CASE The case concerns the applicant’s request for judicial review of his house arrest on suspicion of having committed a criminal offence and the resulting interference with the work of a member of the Parliament. The applicant is a prominent politician in the country, former President and Prime Minister, actual member of Parliament and leader of the main opposition party. On 20 October 2023, the Special Court of First Instance against Corruption and Organised Crime (“the first-instance court”), following a request by the Special Prosecutor’s Office (“the prosecutor”), imposed on the applicant as security measure the requirement to regularly report to the police and prohibited him to leave the country. The security measures were imposed in connection with suspicion of committing the offence of accepting bribes. On 12 December 2023, since the applicant had not presented himself before the police, the prosecutor requested Parliament’s authorisation for a more severe security measure. On 21 December 2023 Parliament granted the authorisation. On 30   December 2023 the first-instance court ordered the applicant’s house arrest, on the grounds that the applicant had not complied with the previous security measure imposed on him, along with the existence of a reasonable suspicion, the risks of absconding and of tampering with evidence. That decision was upheld by the Special Court of Appeal for Corruption and Organised Crime (“the Court of Appeal”) and the Supreme Court. On 9   April 2024 the Supreme Court dismissed the applicant’s appeal on points of law. The applicant appealed further, and these proceedings are pending before the Constitutional Court. The applicant submitted several requests for revision or revocation of his house arrest, which were all dismissed. On 11 September 2024 the applicant was charged with passive corruption (accepting bribes) committed by a high-ranking state official in collusion with others. On 13 September 2024 the Court of Appeal dismissed the latest of the applicant’s request for revision of the security measures. Since 30 December 2023 the applicant has been under house arrest. Relying on Article 5 § 4 of the Convention, the applicant raises the following issues concerning the procedure of revision of his house arrest: -     The courts did not provide sufficient grounds to justify his continuing deprivation of liberty; -     The first-instance court was not impartial because in 1996 the (only) judge of that court had been dismissed by the High Judicial Council which the applicant as the President of the country had chaired at the time; -     He did not have effective legal assistance, as not enough time and facilities were allowed to the lawyers, and the applicant was not able to meet with them; -     The decisions were not taken within a reasonable time. Under Article 3 of Protocol No. 1 to the Convention he also complains that his house arrest has been arbitrary and adopted with the purpose of impeding him to exercise his duties as a lawfully elected member of Parliament. QUESTIONS TO THE PARTIES 1.     Did the applicant exhaust the remedies available in domestic law in relation to his complaints under Article 5 § 4 of the Convention (see G.B. and Others v. Turkey , no. 4633/15, §§ 163-69, 17 October 2019)? In particular, is an individual complaint to the Constitutional Court an effective remedy to be exhausted in this respect ( see Žúbor v. Slovakia , no.   7711/06, §§ 71-86, 6 December 2011, and, mutatis mutandis , Hysa v.   Albania , no. 52048/16, § 54, 21 February 2023)? Are such complaints dealt with the required speediness as a matter of law and/or practice? The parties are requested to submit copies of relevant domestic decisions issued by the Constitutional Court, if any, with an indication of the length of such proceedings.   2.     Without prejudice to question 1, was the procedure by which the lawfulness of the applicant’s house arrest has been examined in conformity with Article   5 §   4 of the Convention (see Idalov v. Russia [GC], no. 5826/03, § 161, 22 May 2012; Cernák v. Slovakia , no.   36997/08, § 78, 17 December 2013; G.B. and Others v. Turkey , no.   4633/15, §§ 174-76, 17 October 2019; and Venet v. Belgium , no.   27703/16, §§ 31-35, 22 October 2019)? In particular:   (a)     Was the first instance court which dealt with the applicant’s case an impartial tribunal? (b)     Did the domestic courts provide adequate reasons to justify his initial and ongoing house arrest? (c)     Did the applicant enjoy effective legal assistance? (d)     Did the length of the proceedings by which the applicant sought to challenge the lawfulness of his house arrest comply with the “speediness” requirement of Article 5 § 4 of the Convention ( see Mooren v. Germany [GC], no. 11364/03, §§ 106-07, 9 July 2009 )?   3.     there been a violation of the applicant’s rights under Article 3 of Protocol No. 1   to the Convention on account of the restrictions on his parliamentary activities resulting from his house arrest ( see   Selahattin Demirtaş v. Turkey (no.   2) [GC], no. 14305/17, § 388-89, 22 December 2020)?