From Switzerland, where he has requested political asylum, former Deputy Prime Minister Arben Ahmetaj and his cohabitant, Erjola Hoxha, are suing the Albanian state in Strasbourg.
In the document submitted to the ECHR, Ahmetaj claims that the searches carried out in their apartment on March 9, 2023 by decision of the Special Court are illegal, as they occurred at the time when he was a deputy of the Albanian Parliament and therefore he enjoyed immunity as a legislator. The former number two of the government claims in Strasbourg that the apartments of deputies cannot be searched without obtaining prior authorization from the Parliament.
“The applicants complain that the search of their home was unlawful, as the first applicant was the Prime Minister at the relevant time, and his home could not be searched without prior authorisation from Parliament (under Article 73(2) of the Constitution); and that they did not have access to a procedure to challenge the searches in question, contrary to the requirements of Articles 8 and 13 of the Convention,” the application states.
It is further stated: Was there a violation of the first applicant’s right to respect for his home, as guaranteed by Article 8 of the Convention? In particular, was the search of the home carried out in accordance with Article 73(2) of the Constitution on the immunity of public prosecutors? Has the first applicant exhausted any effective legal remedy in this regard?
Arben Ahmetaj is on the run and has sought political asylum in Switzerland. He is being investigated for criminal offenses of corruption, money laundering and concealment of assets.
SECTION THREE
Application No. 14216/24
Arben AHMETAJ and Erjola HOXHA v. Albania
Deposited on 8 May 2024
Communicated on 6 October 2025
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OBJECT OF THE ISSUE
The first applicant was, at the relevant time, a Member of the Albanian Parliament (MP), while the second applicant is his partner.
The application relates to the physical search of the second applicant and her mobile phone, as well as the search of the shared apartment of the two applicants, carried out on 9 March 2023, on the basis of a decision of the Special Court against Corruption and Organised Crime, issued on 8 March 2023.
The final decision was taken by the Constitutional Court on December 12, 2023 and notified to the applicants on January 12, 2024.
The applicants complain that the search of their home was unlawful, as the first applicant was a member of parliament at the time, and under Article 73(2) of the Constitution, his home could not be searched without the prior authorisation of the Assembly.
They also claim that they did not have access to an effective procedure to challenge the lawfulness of these searches, contrary to the requirements of Article 8 and Article 13 of the European Convention on Human Rights.
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QUESTIONS TO THE PARTIES
1.
Has there been a violation of the first applicant’s right to respect for his home, as guaranteed by Article 8 of the Convention?
In particular, was the search of the home carried out in accordance with Article 73(2) of the Constitution, which relates to the immunity of deputies?
Has the first applicant availed himself of any effective remedy within the domestic system in this regard?
2.
Did domestic law and practice provide sufficient procedural means to challenge the lawfulness of the search warrant, the manner in which the searches were carried out in the apartment and on the second applicant and her telephone, and the seizure of items during the search, in accordance with the requirements of Article 8 and Article 13 of the Convention?
(See comparative cases: Brazzi v. Italy, no. 57278/11, §§ 41-48, 27 September 2018; Giuliano Germano v. Italy, no. 10794/12, § 95, 22 June 2023; Mukhtarli v. Azerbaijan, no. 39503/17, §§ 216-217, 5 September 2024; and Posevini v. Bulgaria, no. 63638/14, § 84, 19 January 2017.)
In particular, was the court decision of March 8, 2023 appealable to any higher court?
The Government is invited to present relevant jurisprudence and examples of the review by higher courts of similar complaints.
