Albanian Constitutional Court upholds right to confidentiality of sources

Deciding on a constitutional complaint filed by journalist Elton Qyno after authorities had seized his professional and personal devices, the Albanian Constitutional Court has handed down its judgment on 22 April 2025. The ruling upholds freedom of the press and recognises the importance of the right to confidentiality of sources. The Constitutional Court found that the order authorising the seizure of Qyno’s devices violated the constitution and the European Convention on Human Rights (ECHR) and ordered authorities to delete any existing copies of Qyno’s data.

In late 2023, Qyno, an investigative journalist for the media outlet Ora News, published two articles on a high-profile investigation by Albania’s anti-corruption agency – the Special Prosecution Against Corruption and Organised Crime (SPAK) – into an organised crime group. Claiming that his reporting contained confidential information related to an ongoing investigation, the SPAK interrogated[1] Qyno for several hours, including about the identity of his sources. Only hours after Qyno refused to disclose his sources, the SPAK obtained a court order to search his home and workplace. Authorities then carried out a search of him, his car, and both locations, seizing his professional and personal electronic equipment, storage devices and a number of documents.

While his electronic devices remained in the custody of authorities, Qyno challenged the search and seizures in domestic courts and international human rights mechanisms in an effort to protect the confidentiality of his journalistic sources. In early 2024, the UN Human Rights Committee ordered the Albanian authorities by way of interim measure to “refrain from conducting any further inspection, dissemination, or judicial processing of the materials seized from the applicant” while the case was being reviewed.

Media Defence submitted an expert opinion to the Albanian Constitutional Court in the proceedings concerning Qyno’s constitutional complaint. Our intervention outlined the international and regional legal standards recognising the confidentiality of sources as a cornerstone of press freedom. We highlighted how acts by authorities that threaten to or expose the identity of journalistic sources not only endanger existing sources but also erode the trust potential future sources need to come forward with crucial public interest information. It further details how this chilling effect impacts on press freedom and the public’s right to receive information and highlights the need for legal safeguards.

In its decision announced on 22 April 2025, the Albanian Constitutional Court, taking these considerations into account, held the authorisation of the search and seizure of Qyno’s devices to have been unconstitutional and in violation of the ECHR. It recognised the importance of protecting the confidentiality of journalistic sources for upholding press freedom and the public’s right to receive information. The ruling also clarified that orders impeding on these rights require a clear legal basis, an overriding public interest, and should only be used as a last resort. The publication of the reasoned judgment is expected within the next 30 days.

[1] https://fom.coe.int/en/alerte/detail/107640423

For further information please contact Media Defence Legal Director Pádraig Hughes at: padraig.hughes@mediadefence.org.