Universality Of Human Rights And The Limits Of State Authority: Instrumentalization Of Justice In The Case Of Ilir Meta Under European Standards – Analysis
Introduction
Reference to the provisions of national constitutional law, the European Convention on Human Rights (ECHR), and the case law of the European Court of Human Rights (ECtHR) constitutes the foundation of the modern European legal order. These norms not only protect individual rights and freedoms, but also establish clear and binding limits on the exercise of state authority, particularly in the context of criminal prosecution, deprivation of liberty, and restrictions on fundamental rights.
In contemporary political circumstances, marked by the strengthening of security narratives, crisis management, and tendencies toward selective application of the law, these issues acquire additional political and institutional significance. The arrest[2] of the former President of the Republic of Albania, former Prime Minister and Speaker of Parliament, Ilir Meta, analyzed through the findings of the Ombudsman of the Republic of Albania, provides an illustrative example of the challenges faced by the rule of law in transitional democracies.
Absolute Prohibition of Torture and Inhuman Treatment
The prohibition of torture, inhuman, and degrading treatment or punishment, enshrined in national constitutional provisions and Article 3 of the European Convention on Human Rights, constitutes an absolute right. Its application allows no exceptions, derogations, or relativization, even in circumstances of combating organized crime, corruption[3], or states of emergency. Jurisprudence of the European Court of Human Rights clearly confirms that states bear a positive obligation not only to refrain from such acts, but also to prevent, effectively investigate, and sanction any conduct amounting to inhuman or degrading treatment, regardless of the status or political significance of the person concerned.
Human dignity and the rights of persons deprived of liberty represent a fundamental test of the effective rule of law. Deprivation of liberty does not suspend fundamental human rights; on the contrary, it imposes additional responsibilities on the state, as the individual is entirely dependent on state authorities. In the case of Ilir Meta, the Ombudsman’s report highlights serious procedural deficiencies during arrest and detention, including the absence of evidence that the individual was promptly informed of the reasons for the arrest, restrictions on the right to immediate access to a lawyer, failure to provide a rights card, and inadequate maintenance of official documentation. These omissions directly undermine the essence of the right to liberty and security under Article 5 of the ECHR, as interpreted by the European Court of Human Rights, emphasizing the absolute protection of human dignity and the state’s obligation to guarantee the rights of every individual, without exception.
Presumption of Innocence and Fair Trial
The presumption of innocence, guaranteed by domestic law and Article 6 of the European Convention on Human Rights, constitutes a cornerstone of a democratic and legal order. This principle binds not only the courts but also the executive branch, prosecution authorities, the police, as well as the media and other public actors. Any public labeling, prejudgment of guilt, or political instrumentalization of criminal proceedings prior to a final court decision seriously violates the presumption of innocence and undermines citizens’ trust in the judiciary. In politically polarized societies, such practices further deepen institutional divisions and weaken the legitimacy of the state.
Proportionality in the use of force and transparency in police procedures are essential elements in upholding the right to a fair trial. The Ombudsman’s findings highlight the inappropriate classification of arrests as “high-risk operations” without evidence of any real social danger. The use of handcuffs, their retention within police premises, and treatment of individuals without a clear legal basis are rightly considered unlawful and degrading. Of particular concern is that police officers were masked, operated unmarked vehicles, and lacked visible identification or body cameras. Such practices undermine legal certainty, increase the risk of abuse, and create the perception of arbitrary application of force, while in democratic societies, the visibility and identifiability of law enforcement represent key aspects of the rule of law.
A further critical aspect relates to Article 18 of the ECHR, which prohibits the application of permissible restrictions on rights for purposes other than those for which they are intended. Even when a state acts formally within the framework of the law, its actions must not be driven by political vendetta, selective justice, or retaliation against political opponents. Case law of the European Court clearly demonstrates that Article 18 is increasingly invoked in contexts of democratic regression and erosion of the rule of law, particularly in cases involving opposition leaders or senior political officials, underlining the necessity of strict protection of the right to a fair trial and the presumption of innocence.
Political and Institutional Context
The case of Ilir Meta[4] transcends the individual level and carries broader political[5] and institutional[6] significance. Irregularities in the conduct of the police and prosecution authorities can compromise criminal proceedings, weaken the legitimacy of judicial institutions, and open the door to claims of selective justice and political instrumentalization of the fight against corruption. The fight against corruption[7] and crime[8] must be conducted within the framework of the law, as any deviation undermines the very purpose of the rule of law and erodes citizens’ trust in institutions.
The International Institute IFIMES assesses that the document of the Ombudsman of the Republic of Albania Erinda Ballanca constitutes a serious, balanced, and legally grounded analysis, clearly identifying systemic weaknesses in the conduct of the State Police during the arrest[9] of former President Ilir Meta[10]. The key issue in this case is not the existence of a court decision but the manner of its implementation. The rule of law is measured not by the strength of repression, but by the consistency of adherence to procedures, respect for human dignity, and compliance with the principles of presumption of innocence and transparency. Consistent implementation of the Ombudsman’s recommendations represents a necessary step toward strengthening institutional accountability, professionalizing the police, and preserving European[11] human rights standards in Albania.
Given the political significance of this case and the potential threat to democratic norms, IFIMES urges the establishment of international monitoring of the Ilir Meta case to guarantee full adherence to human rights standards, ensure transparency, and safeguard fundamental freedoms.
[1] IFIMES – International Institute for Middle East and Balkan Studies, based in Ljubljana, Slovenia, has a special consultative status with the United Nations Economic and Social Council ECOSOC/UN in New York since 2018, and it is the publisher of the international scientific journal "European Perspectives." Available at: https://www.europeanperspectives.org/en
[2] Former President the Republic, Mr. Ilir Meta was taken out forcibly from the vehicle with which he was traveling, was forcibly kidnapped, was dragged in public by people with masks, with a criminal denigrating treatment, without being read his rights, as required by law and the Constitution.
See: https://www.youtube.com/watch?v=GyRp1yR5LFs
[3] Likewise, on May 27, 2024, Mr. Meta denounced publicly the approval of the so-called " Anti- Corruption Resolution ", by the parliamentary majority as " humiliation" to the justice reform, accusing Prime Minister Rama for establishing complete control over the organs of justice.
See: https://www.facebook.com/photo?fbid=1000483798113522&set=a.402543174574257
[4] On April 5, 2024, Mr. Meta has opposed and denounced the statement of the SPAK head prosecutor Altin Dumani that the courts decide whatever they are asked for by the Prosecution office.
See: https://www.facebook.com/share/p/1DsYobJx9P/
[5] By the end of his mandate as President of the Republic, Mr. Meta was attacked frequently in public by the Prime Minister, Edi Rama. In May 7, 2022, from Assembly podium of the Socialist Party, he declared publicly that "everyone in Albania are barely waiting to see Meta facing SPAK – (The Special Prosecution of Anti-Corruption).
See: https://www.youtube.com/watch?v=q-xv6sZS4s4
[6] On September 16 , 2024, one month before the arrest, Meta had criticized the decision of the socialist majority in the Parliament to disregard the decision of the Constitutional Court regarding the mandate of the a Socialist MP, Olta Xhacka, calling it “a flagrant violation of the Constitution and treating it as a valueless piece of paper”.
See: https://www.youtube.com/watch?v=slu7tLqwT0M
[7] Likewise, on March 7 , 2024, Meta accused the PM that by the law " On Strategic Investments ", he aims to steal the public and legally owned private properties.
See: https://www.youtube.com/watch?v=jlR7FM1R9Fg
[8] On 7 May 2022, speaking from the rostrum of the Socialist Party Assembly, Prime Minister Edi Rama publicly stated that “the whole of Albania cannot wait to see Ilir Meta appear before SPAK,” thereby making a direct and highly public political pronouncement regarding an ongoing judicial matter. See: https://www.youtube.com/watch?v=q-xv6sZS4s4
[9] Videos and arrest footage of Mr. Meta show clearly the lack of respect and human dignity in his arrest. Neither Navalny in Russia was arrested in such a fashion.
See: https://www.youtube.com/watch?v=rrdWW-M5za8
[10] Also, on July 16, 2024, he criticized SPAK for not investigating "the obvious evidence" of the corruption of Prime Minister and high state officials.
See: https://www.facebook.com/reel/1131979374577211
[11] On November 17, 2022, Halit Valteri , former MP, two times candidate of Socialist Party for MP, and member of the municipality council for SP, declared publicly that “the first that should be arrested is Ilir Meta”. On April 24, 2024, he declared that " Ilir Meta will be arrested before the 2025 elections”.