Former Albanian Deputy Prime Minister Arben Ahmetaj has filed a lawsuit against the Albanian state before the European Court of Human Rights (ECHR) in Strasbourg, alleging violations of his and his partner’s fundamental rights. Together with his domestic partner, Erjola Hoxha, Ahmetaj claims that the searches carried out on March 9, 2023, at their shared residence and on Hoxha’s mobile phone were unlawful and unconstitutional.
According to their complaint, the searches breached Article 8 of the European Convention on Human Rights, which guarantees the right to respect for private and family life, home, and correspondence. The applicants further argue that they were denied an effective domestic remedy, in violation of Article 13 of the same Convention.
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| Arben Ahmetaj's lawsuit against the Albanian state before the European Court of Human Rights |
Background of the Case
The March 9, 2023 searches were part of a broader investigation into Albania’s so-called “incinerator corruption scandal” involving major waste-management projects in Elbasan and Fier. During those searches, prosecutors reportedly seized several assets and bank accounts belonging to Ahmetaj. In his coastal villa in Hamallaj, investigators allegedly found a BlackBerry smartphone containing deleted messages with individuals suspected of managing or financing the incinerator schemes.
Since July 2023, Ahmetaj has been on the run, after the Special Anti-Corruption Structure (SPAK) issued an arrest warrant accusing him of bribery, abuse of office, and corruption related to multi-million-euro public contracts.
However, Ahmetaj insists that the searches were conducted illegally because, at that time, he was still a member of the Albanian Parliament. Under Article 73(2) of the Albanian Constitution, a deputy’s home cannot be searched or their property seized without prior authorization from the Parliament. Therefore, the defense argues that both the Special Court Against Corruption (GJKKO) and the prosecution acted outside their constitutional authority.
ECHR’s Questions to the Albanian Government
The European Court of Human Rights has communicated the case to the Albanian government, posing several critical questions that could determine the outcome of the case:
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Was there a violation of the applicants’ right to respect for their home, as protected by Article 8 of the Convention? Specifically, was the search of Ahmetaj’s residence conducted in accordance with the Albanian Constitution and parliamentary immunity provisions?
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Did Albania provide effective procedural remedies to contest the legality of the search orders, the methods of their execution, and the seizure of items from Hoxha’s phone and their home, in compliance with Articles 8 and 13?
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Was the judicial decision of March 8, 2023, which authorized the searches, subject to appeal before a higher domestic court?
Furthermore, the ECHR has requested that the Albanian government submit examples of relevant case law or higher-court precedents that demonstrate how similar complaints have been handled within the national judicial system.
Constitutional and Political Implications
This case could have significant constitutional consequences for Albania. If the ECHR finds that the searches were unconstitutional or that the domestic legal remedies were ineffective, it could mark a landmark judgment affecting how future corruption investigations involving members of parliament are conducted.
Legal experts suggest that the outcome may also influence Albania’s judicial reform process, particularly concerning the balance between anti-corruption efforts and the protection of individual rights under the rule of law.
Ahmetaj’s case is politically sensitive: once a key figure in former Prime Minister Edi Rama’s cabinet, he was widely considered an influential policymaker and reformer before his fall from power amid corruption allegations. His current legal battle in Strasbourg is viewed by some as an attempt to clear his name and challenge what he describes as politically motivated persecution.
Current Status and Next Steps
According to the ECHR’s official communication, Ahmetaj’s application was filed on May 8, 2024, and formally communicated to the Albanian government on October 6, 2025. The Court has now given the government a specific deadline to respond with its legal justifications and documentary evidence.
The case will then proceed to the admissibility phase, followed by a substantive review if deemed credible. Depending on the Court’s decision, Albania could be required to provide financial compensation or revise its legal procedures regarding searches of individuals holding public office.
The Arben Ahmetaj v. Albania case underscores the growing tension between anti-corruption enforcement and constitutional safeguards in post-reform Albania. As the European Court examines whether the searches violated fundamental rights, the outcome will not only affect Ahmetaj personally but could also set a legal precedent for how Albanian authorities handle investigations involving high-level officials.
Whether seen as a fight for justice or a political maneuver, this case will undoubtedly be closely watched both in Tirana and in Strasbourg over the coming months.