24.06.2025

Kasowitz LLP and London-based Mishcon de Reya LLP representing Erion Veliaj, the Mayor of Tirana, announce the public release of a Report Regarding SPAK's Unjust Detention of a Democratically Elected Mayor in Tirana, the Capital of Albania: Erion Veliaj (the "Kasowitz-Mishcon de Reya Report"). The report addresses the unjust and continued detention of Mayor Erion Veliaj without charge since February 10, 2025, in a potential violation of the European Convention of Human Rights ("ECHR") and principles of constitutional and statutory due process in the United States.

The Kasowitz-Mishcon de Reya Report details how Mayor Veliaj was detained by the Special Anti-Corruption and Organized Crime Structure ("SPAK") on February 10, 2025 – just three months before the national parliamentary elections. SPAK detained Mayor Veliaj without charge under conditions that have prevented him from carrying out his mandate as mayor and from fulfilling his campaign duties in the May 11 national elections. His ongoing detention without charge was approved by the SPAK court without any meaningful consideration of whether his detention is necessary, proportionate or reasonable, and without any proper consideration of alternatives to detention.

The ECHR emphasizes that detention must not be arbitrary and must be a necessary, proportionate, and reasonable measure. Should Mayor Veliaj be released on bail – as he should – he is eager to resume his duties as mayor while SPAK's investigation continues.

The Kasowitz-Mishcon de Reya Report further describes how some of SPAK's practices – most notably, the propensity for SPAK to request, and the courts in Albania to grant, lengthy pretrial detention – have proven highly questionable. For example, in February 2025, the European Court on Human Rights (the "Strasbourg Court") heard Gëllçi v. Albania, a case brought by Thoma Gëllçi, the former director of Albania's national broadcaster, alleging that his rights were violated when he was detained by SPAK for nearly eight months before trial. The Strasbourg Court found that SPAK had violated Article 5 § 3 of the Convention of Human Rights and awarded costs to Gëllçi.

Albania has the highest proportion of pretrial detainees in its prison population across member states of the Council of Europe. As of April 2025, it stands at 61.6% of the total prison population. The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment ("CPT") has expressed serious concerns about the over-reliance on pretrial detention in Albania, which is the primary cause of overcrowding in the prison estate. In its most recent report, the CPT held that: "As regards more particularly pre-trial detention, steps should be taken to ensure a more restrictive approach to the use of remand in custody by setting strict limits on its use and encouraging a greater use of alternative non-custodial measures." It follows that Mayor Veliaj's case is a clear example of a systemic problem identified by independent observers, namely the over-reliance on and disproportionate use of pre-trial detention, which interlocutors have attributed to the delays in implementing adequate judicial reforms.

Of further concern is the fact that, despite several requests to visit Mayor Veliaj in custody, his international counsel have been denied access to him on transparently misconceived grounds, inhibiting his ability to pursue international remedies including a potential application to the Strasbourg Court.

Mayor Veliaj has formally appealed the detention decisions of the SPAK court. The Supreme Court of Albania is scheduled to hear and consider Mayor Veliaj's appeal.

A copy of the report is available here. 

The Kasowitz team includes partners Daniel J. Fetterman and Brian S. Choi in New York, and senior counsel Clarine Nardi Riddle and special counsel David Miller in Washington, D.C.

The Mishcon de Reya team includes partners James Libson and Ben Brandon, managing associate Celia Marr, associate Grace Houghton and trainee solicitor Elizabeth Fitton.