Appeals Court upholds Veliaj’s detention, fueling further controversy and concerns over SPAK’s investigative practices

Tirana Mayor Erion Veliaj remains in pretrial detention after the Special Court of Appeals rejected his request for a lighter security measure. The ruling has further fueled controversy over the prosecution’s case, with Veliaj calling the proceedings a politically motivated “trap” and legal experts raising concerns about SPAK’s investigative methods, particularly its ability to wiretap judges and defense lawyers without court approval.

Why is this important: The decision to keep Erion Veliaj in pretrial detention despite the lack of new evidence only served to reenforce concerns about SPAK’s modus operandi. Critics argue that courts and judges increasingly appear to rubber-stamp SPAK’s decisions rather than independently evaluating the merits of each case. This perception is compounded by recent revelations that SPAK can wiretap judges and defense lawyers without prior court approval, raising serious due process concerns. If the prosecution has the ability to eavesdrop on both the defense and the judges overseeing a case, it raises fundamental questions about fairness, legal oversight, and the integrity of the judicial process. The case has also sparked wider debate about the use of pretrial detention as a default measure in non-violent, administrative cases—an issue that legal experts warn could set a dangerous precedent for future prosecutions.

Context: Following the ruling, Veliaj denounced the decision, arguing that SPAK had used his private conversations with family members as new evidence to keep him imprisoned.

“They set me up by wiretapping my conversations with my wife and brother from prison, and then turned my frustrations into a new case file! It all feels like a bad dream, like a Soviet-era film, with secret police chasing a man to humiliation. But this is not a dream or a movie—it is a real-life ordeal that my family is experiencing, over imaginary dresses and fabricated charges against the Mayor of the Capital,” he said.

Veliaj also revealed that his American lawyer was bewildered by the legal proceedings and repeatedly asked: “Okay, but why imprison him without trial?”

Despite the ruling, the mayor vowed to continue his legal battle. “This is not the end, nor can it be! I will continue to fight for justice until the very end, as I have promised you,” Veliaj declared.

What was said: Veliaj’s lawyer strongly criticized the ruling, calling it unjust and asserting that the prosecution failed to present any legitimate reason to keep his client in detention.

“SPAK has not introduced any new evidence to justify keeping Veliaj in prison. The decision to uphold his detention is completely absurd and legally unfounded,” the lawyer said.

He further argued that the charges against Veliaj were administrative in nature and did not warrant pretrial detention, stressing that his client poses no risk to the investigation or public order.

Criticism of SPAK grows: Maks Haxhia, the Chairman of Albania’s National Chamber of Lawyers, condemned the decision on principle, questioning whether SPAK’s use of pretrial detention was legally justified.

“Resolving legal cases by automatically imposing pretrial detention—not just for Veliaj, but for anyone—is an absurdity that happens only in Albania. Especially for cases that do not pose any significant risk. You cannot justify keeping in jail the most voted official in Albania—three times elected mayor—by labeling him a dangerous person,” Haxhia said.

He also directly criticized the court’s decision, arguing that the charges against Veliaj do not require incarceration.

“The reasoning behind this detention is legally unsound. The charges in question are not violent crimes, they do not endanger life, public order, or security. When you imprison someone for an administrative accusation—one that ultimately relies on financial experts to determine any wrongdoing—you are making a mockery of justice,” Haxhia stated.

What else: Haxhia warned that this case could set a dangerous precedent for the Albanian legal system.

“If this is the new legal standard in Albania, then every mayor, every minister, every official could face imprisonment simply based on interpretations of accounting reports. This is not how rule of law functions in a democratic society,” he added.

Beyond the Veliaj case, Haxhia took aim at SPAK’s investigative methods, particularly its ability to wiretap individuals without judicial authorization. Recent reports indicate that SPAK has the power to eavesdrop on judges and defense attorneys, raising serious concerns about the integrity of due process.

“If we open the chapter on wiretapping, I could go even further. If it is true that a Constitutional Court judge was wiretapped, then this is a scandalous situation that should alarm the President of the Republic, Parliament, the Constitutional Court, the High Judicial Council, the High Prosecutorial Council, and the entire population. If the Constitutional Court can be wiretapped, imagine what happens to the rest of us,” he warned.

Haxhia argued that this lack of oversight gives SPAK unchecked power and could undermine fair trial rights.

“This is a flaw in the legislation—this institution has no oversight. It is only accountable to the courts, but those same courts are subject to SPAK’s investigations. The law does not grant them the power to wiretap whoever they want,” he stated.

What’s next: Veliaj’s legal team has announced plans to appeal the decision to the Supreme Court. Meanwhile, the broader controversy surrounding SPAK’s powers and its ability to conduct surveillance without prior judicial approval is expected to spark further debate over legal safeguards and institutional accountability in Albania’s justice system.