Beleri v. Albania
Continued pre-trial detention of mayoral candidate breached the Convention.
In the case of Beleri v. Albania the Court held that there had been no violation of the right to liberty and security as regards the applicant’s initial placement in pre-trial detention but that there had been a violation of this same right with regard to his pretrial detention after he had been indicted.
The case concerned the grounds for the nine-month pre-trial detention of a mayoral candidate accused of election fraud. The national courts relied on the risk that the applicant might reoffend, abscond or tamper with evidence because of previous criminal proceedings against him and his position of influence within his community.
The Court accepted that the initial pre-trial detention had been justified given the early stage of the investigation and the sensitive nature of the charges against the applicant. However, after he had been indicted, it found that the national courts had relied too heavily on the severity of his suspected offence and had failed to sufficiently consider less restrictive measures or changing circumstances over time.