Albania's Constitutional Court has ruled in favor of Tirana Mayor Erion Veliaj, overturning a decision by the Supreme Court and ordering a new review of his pretrial detention, with particular consideration of his role as the country's capital city mayor.

According to local media reports, the court reached its decision by a 5-3 majority, instructing the Supreme Court to reassess Veliaj's request for release. The Constitutional Court said the Supreme Court must provide a clearer justification for why pretrial detention remains necessary and explain why a less restrictive measure would not be sufficient, taking into account Veliaj's elected public office.

In its reasoning, a majority of the judges found that the Supreme Court had failed to adequately assess whether the detention order was proportionate in relation to Veliaj's constitutional right to hold elected office.

One of the concurring opinions, written by Judge Sonila Bejtja, argued that the lower courts had failed to establish a reasonable suspicion supported by sufficient evidence and said Veliaj's continued detention violated protections under the European Convention on Human Rights. She also maintained that the detention measure was disproportionate because it prevented him from exercising the mandate he won through election.

Other members of the Constitutional Court raised additional concerns over Veliaj's treatment during court proceedings. Judge Marsida Xhaferllari and Judge Marjana Semini criticized the use of a glass enclosure during hearings, arguing that it undermined the mayor's human dignity. Semini also said Veliaj's right to communicate effectively with his defense lawyer had been infringed while in pretrial detention.

Judge Ilir Toska agreed that the Supreme Court had failed to adequately justify the restrictions on Veliaj's liberty, while also arguing that it should have addressed claims relating to the presumption of innocence and the right to an effective defense.

The sole published dissent cited in the ruling came from Judge Asim Vokshi, who argued that Veliaj's detention was lawful, proportionate and sufficiently justified, and that his constitutional complaint should have been rejected in its entirety.

The Constitutional Court's decision does not order Veliaj's immediate release. Instead, it requires the Supreme Court to reconsider the legality and proportionality of his detention in line with the Constitutional Court's findings.