CEDH · CASELAW;COMMUNICATEDCASES;ENG — 31 mars 2025

.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 } .s6B505E72 { margin:0pt; padding-left:0pt } .s5E8F5A28 { margin-top:14pt; margin-left:25.5pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-family:Arial; font-weight:bold } .s3CCA30AE { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify; widows:0; orphans:0 } .s434D37A9 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .s5FFF0A75 { margin-top:0pt; margin-bottom:0pt; font-size:7pt } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s25D5DE94 { margin-top:66pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:7pt } .s1DE04B9 { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:7pt }   Published on 22 April 2025   THIRD SECTION Application no. 28070/23 Dhionisios Alfred BELERI against Albania lodged on 20 July 2023 communicated on 31 March 2025 SUBJECT MATTER OF THE CASE The applicant is a Greek and Albanian national. Initial detention proceedings 1 .     On 12 May 2023, in the context of his electoral campaign for the office of mayor of Himara, he was detained on suspicion of vote buying (active corruption in election). 2.     The elections took place on 14 May 2023 and the applicant won. 3.     On 1 June 2023 the Court of Appeal on Corruption and Organized Crime confirmed the lower court’s order to place the applicant in detention. The court found that in his capacity of mayor-elect the applicant had significant authority which could be used to obstruct the collection of evidence. The Court noted in particular that authorities had not been able to take a number of recordings from local cameras which suggested that there had been some effort to conceal evidence. 4.     It added that the applicant had been convicted in 2004 of “incitement of national hatred” and “denigration of the Republic or its symbols” and sentenced to three years in prison (see Beleri and others v. Albania (dec.), no.   39468/09, § 9, 10 May 2016). However, he had not turned himself to serve that sentence. In the court’s view, that showed that the applicant had the propensity and means to evade justice. Lastly, the court added that the applicant could also reoffend. 5.     On 25 July 2023 and 21 March 2024, the Supreme Court and the Constitutional Court, respectively, dismissed the applicant’s appeals. 6.     It appears that, on 15 June and 31 July 2023, the applicant made further requests for converting detention into a more lenient measure. He has not provided any further information on the outcome of these proceedings. Criminal proceedings 7 .     On 5 March 2024 the First Instance Court on Corruption and Organized Crime found the applicant guilty of active corruption in elections under Article 328 of the Criminal Code and sentenced him two years in prison. The applicant appealed. 8.     The applicant, thus, spent nine months and twenty-two days in pre-trial detention (see paragraphs 1-7 above). 9.     On 2 September 2024 the applicant was released on parole. 10. Under Article 5 § 3 of the Convention, the applicant complains that his initial detention was not grounded on relevant and sufficient reasons and that the authorities did not consider alternative measures before ordering his detention in prison.         QUESTION TO THE PARTIES Has there been a violation of Article 5 § 3 of the Convention? In particular, did the domestic courts consider   alternative measures   to the applicant’s continued detention (see Jablonski   v.   Poland , no.   33492/96, §   83, 21   December 2000; Idalov v. Russia [GC], no.   5826/03, § 140, 22 May 2012; Hysa v. Albania , no. 52048/16, §§ 61-76, 21 February 2023; and Gëllçi v.   Albania   [Committee], no.   15468/23, §   25, 25 February 2025)?