The Court of Appeals ordered house arrest for the three suspects accused of murdering Martin Çeço. The lawyer stated that the pretrial detention period had expired and the court should have…

After the Tirana Court of Appeals decided to change the precautionary measure from pretrial detention to house arrest for the three suspects in the murder of young Martin Çeço, the lawyer of two of the suspects, Valter and Edlir Mollaj, issued a statement to the media

In his statement, the defense lawyer emphasized that criminal procedural law provides that the maximum pretrial detention period cannot exceed three years, and once this period ends, the court must issue a final decision. According to him, in this case, the pretrial detention period had already expired on June 16, 2025, which forced them to request the change of the precautionary measure

He also highlighted that in the court’s decision, the Court of Appeals confirmed the “loss of the power of pretrial detention,” which he described as a correction of the first instance court’s ruling

He added that he is awaiting the full written decision to bring the case to the Supreme Court and, eventually, the Constitutional Court to definitively clarify and remove the procedural mechanism that some courts use to impose house arrest after the expiration of the pretrial detention period, which he considers unconstitutional. He said this was only a mathematical calculation and did not address the case on its merits

He explained that the Appeals Court’s ruling was not really a decision to change the precautionary measure but a recognition of the loss of pretrial detention power, which is a different legal concept. The Appeals Court corrected the First Instance Court’s decision. According to criminal procedural law, the total pretrial detention period cannot exceed three years, during which the judiciary must issue a final decision. That period ended on June 16, 2025. When he approached the First Instance Court, the majority rejected his request with reasoning he considered procedurally incorrect, which he then appealed. The Tirana Court of Appeals reviewed the case and recognized the loss of pretrial detention power, ordering the release of the individuals

In such cases, the law prohibits issuing another pretrial detention but allows for other precautionary measures

He explained that the Appeals Court partially resolved the matter but also partially harmed the defendants’ interests. He referenced the Constitutional Court decision no. 40 of June 17, 2025, in the Margjeka case, which ruled that house arrest is considered pretrial detention, just like detention in prison. By imposing house arrest, the Appeals Court violated this ruling. The only legal solution would have been to impose other measures, such as mandatory reporting or travel restrictions. He stated that he requested these measures and considered them the correct solution

The case will continue at the First Instance Court in Korçë, where a hearing is scheduled on the 5th to proceed with the trial on the merits following the instructions from the Appeals Court when it overturned the original decision. The court of appeals only addressed a procedural and technical issue related to the pretrial detention deadlines and did not release the defendants, he said

“KORÇA BOOM”