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Dumani responds to Holta Zaçaj: We do not have any constitutional judges under investigation

2025-03-03 19:57:20 / AKTUALITET ALFA PRESS

Dumani responds to Holta Zaçaj: We do not have any constitutional judges

The Head of the Special Prosecution Office, Altin Dumani, has informed the President of the Constitutional Court, Holta Zaçaj, that no constitutional judge has been placed under investigation, according to a letter first seen by "Boldnews.al".

This confirmation comes at a time when various public figures, including former Minister of Justice, currently lawyer Ylli Manjani, have publicly stated that they have been made aware of an authorization from the Special Prosecution Office (SPAK) to allow wiretapping and surveillance of at least one of the members of the Constitutional Court.

The story of the possible wiretapping of a constitutional judge was first revealed to the public by criminal expert Ervin Karamuço in a television studio on the evening of February 19, 2025.

The President of the Constitutional Court, Holta Zaçaj, in a public appearance to present statistics for 2024 on February 24 of this year, confirmed that the institution she heads had sent a request for information to the Special Prosecution Office, to learn more about the allegations publicly made by expert Karamuço.

A few days later, the head of SPAK, Dumani, responded to Holta Zaçaj's request.

At the top of the letter, Dumani reiterates the legal framework, based on which the Special Prosecution Office "cannot share with institutions or third parties that are not subjects of criminal proceedings information on the existence or non-existence of criminal proceedings."

However, - Dumani addresses Zaçaj -  "in response to your interest, we can confirm that no criminal charges have been filed with the Special Prosecutor's Office against any of the members of the Constitutional Court, and we also confirm that none of the constitutional judges are in the status of 'person under investigation'."

Further, the head of the Special Prosecution Office, citing Articles 126 and 137 of the Constitution, writes that "the Special Prosecution Office does not have the competence to control the decisions of judges in concrete cases, both of ordinary courts and of the Constitutional Court."

But, again referring to Article 148 of the Constitution and the Code of Criminal Procedure, Dumani emphasizes that "The Special Prosecutor's Office has the jurisdiction and competence to exercise criminal prosecution for extrajudicial conduct of judges of any level, if there are suspicions that they may have committed the criminal offense of "passive corruption..." or any other criminal offense...".

The letter from the head of SPAK mentions two procedural details; first, there is no complaint against any constitutional judge; and, second, no constitutional judge is a "person under investigation."

However, these two elements do not exclude the possibility that an individual, official, including a constitutional judge, is or has been wiretapped.

The indication for initiating a criminal investigation may be a report, but it may also be a referral from law enforcement institutions.

"Person under investigation", according to the Criminal Procedure Code, is the individual whose name is recorded in the relevant register of the Prosecutor's Office.

Meanwhile, wiretapping (interception) can also be used for individuals whose names are not listed in the register of "persons under investigation", but who may be suspected of committing a criminal offense.

 

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