On 6 March 2025, a Constitutional Court panel, consisting of Judges Vidar Stensland, Roumen Nenkov, and Romina Incutti, decided on a referral from Haxhi Shala, who alleged violations of his fundamental rights. Specifically, Shala contended that the Pre-Trial Judge failed to consider the lawfulness and merits of his detention during the initial appearance on 13 December 2023, which he argued contravened his right to liberty and security as stipulated in Article 5(3) of the European Convention on Human Rights and Fundamental Freedoms.
While the Panel found the referral admissible, on the merits, it concluded that Shala’s initial appearance complied with the aforementioned Article. They noted that he was adequately informed of the Pre-Trial Judge’s reasoning on his detention and afforded the opportunity to be heard, and that, although the Pre-Trial Judge could have been more explicit, his decision does not suggest he overlooked the lawfulness and merits of Shala’s detention. More details can be seen in the full decision of the Panel.
Please note that the same matter was also addressed by both the Court of Appeals and the Supreme Court, as we informed before.