Albania sentence of opposition parliamentarian for false reporting upheld ahead of election News
Roquai, Public domain, via Wikimedia Commons
Albania sentence of opposition parliamentarian for false reporting upheld ahead of election

Albania’s Court of Appeals upheld a one-year sentence on Thursday that will imprison opposition Member of Parliament (MP) Ervin Salianji during the next election for falsely reporting a crime, after he alleged that the former Minister of Interior Affairs Fatmir Xhafaj had connections to drug trafficking.

According to the former Minister of Justice Ylli Manjani, Salianji was convicted without any legal basis, as making a public declaration does not come within the scope of the false reporting law. According to Manjani, to be convicted under this law, a false complaint needs to be made in front of a prosecutor or a court police officer, as noted in articles 305/a and 305/b of the Criminal Law.

In its decision, the court held that Article 305 of Albania’s Criminal Code is applicable to Salianji’s public statement. The law states that falsely reporting a crime that has not been committed and fabricating false evidence are punishable by up to five years in prison.

Ervin Salianji was elected in 2017 and 2021 as a member of the Democratic Party. He released a wiretap in 2018 revealing an interview in which a participant suggested that the brother of the Minister of Interior Affairs, Geron Xhafaj was implicated in drug trafficking. After the wiretap, Xhafaj was detained by Italian authorities to serve a previous sentence for drug trafficking.

The opposition has raised concerns about the suppression of government criticism, with the arrest of the MP coming a year before the 2025 general election where he is set to lead the campaign in one of the country’s largest multi-member constituencies. Sali Berisha, leader of the opposition, confirmed that Salianji will continue to lead the campaign in the constituency despite his imprisonment during the election.

Following his conviction, Salianji accused one of the judges of having family ties with government ministers. Salianji argued that this was the first conviction in breach of freedom of speech since the installation of political pluralism in the 1990s.

In post a on X, Prime Minister Edi Rama was supportive of the judgment, accusing the MP of “tireless disinformation” and “cancerous defamation”.

Following the announcement of his conviction, the prosecutor will notify the Assembly and the Mandates Council, which must then lift Salianji’s immunity. He then will be escorted by police and taken to prison, unless the Supreme Court suspends the decision while the appeal is pending.

Salianji has the option to appeal to the Supreme Court. Salianji, however, gave himself up to the police following the decision. According to legal expert Jordan Daci, such surrender was a mistake as it implies acceptance of his punishment despite the upcoming challenge in the Supreme Court.

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