REPUBLISHED

The Qyno case: Constitutional Court affirms a journalist’s right to protect a source

Erblin Vukaj · Originally published: 23 April 2025

The ruling on the journalist’s devices

In a ruling that could become a reference point for the future of press freedom in Albania, the Constitutional Court decided to overturn the judicial decisions that allowed the Special Anti-Corruption Structure (SPAK) to seize crime reporter Elton Qyno’s phone and copy his computer data.

The Constitutional Court found these measures disproportionate and in violation of freedom of expression, recognising the journalist’s right to protect his sources of information. It also required SPAK to delete all data taken from Qyno’s devices.

The ruling was announced on Tuesday afternoon, 22 April, following a long legal battle in which Qyno was represented by the Res Publica centre.

How the Qyno case began

The case began in late 2023, when Qyno published several articles about cooperating witnesses Nuredin Dumani and Henrik Hoxhaj. The articles contained excerpts of communications that, according to SPAK, matched Dumani’s conversations on the encrypted Sky ECC application.

Earlier, in a controversial decision in June 2022, SPAK had ordered the media to stop publishing information related to the case, also known as “Plumbi i Artë” [Golden Bullet]. According to SPAK, that order had also been communicated personally to Qyno.

As a result, in December 2023, he was summoned to the prosecutor’s office for hours on suspicion of “disclosing investigative secrets”. In an attempt to discover the source of the information, SPAK decided to seize two of Qyno’s phones, one of which it later returned, and his computer, while searching his home and workplace.

Ten months after seizing his work equipment, SPAK raised suspicions in a parallel investigation that Qyno might have received payments from a structured criminal group led by Suel Çela.

At the beginning of this year, the Court of Appeal lifted the requirement for Qyno to report to SPAK, which has not brought a formal charge against the journalist. Qyno himself has denied the suspicions raised. Leaving the Constitutional Court on Tuesday, he said the investigation in question “was a means of discrediting his work”.

Source protection and the court’s reasoning

It should be stressed, however, that in the Qyno–SPAK case the Constitutional Court did not address the suspicions or investigations against him. It focused on the fundamental questions:

Can a journalist be forced to reveal sources? Can a journalist’s devices be searched without establishing that this is the only route and, moreover, without establishing an overriding public interest that justifies such action? In Tuesday’s ruling, the Constitutional Court said: No!

In its analysis, relying on Article 22 of the Constitution and Article 10 of the European Convention on Human Rights, the Constitutional Court stressed that “a journalist’s right to protect a source of information is not a privilege but a constitutional guarantee”.

According to the court, this right is protected not only to ensure media freedom but also to guarantee the public’s right to be informed.

“The ordinary courts have not explained why the information needed for the investigation could be obtained only by identifying the journalist’s source,” the ruling states.

The Constitutional Court’s ruling also includes an order to destroy all copies of data from the seized devices, thus ending any claim to retain or use them in further investigations.

This is the first case in Albania in which the Constitutional Court has spoken so clearly about journalists’ role as defenders of the public interest and the limits that the authorities must observe in respecting the media’s work.

The ruling is expected to directly affect the standards prosecutors and courts must consider when seeking access to journalists’ sources and data.

Journalists’ reactions

Outside the court, Qyno appeared emotional and insisted that the case was not personal but a struggle to prevent other journalists from facing the same situation in the future.

“This is a ruling that brings optimism for the media,” he said, stressing that the judges had ruled unanimously.

“A ruling that encourages us to maintain determination and courage in in-depth reporting,” was how Aleksandër Çipa of the Union of Albanian Journalists described it.

Other organisations, including Safe Journalists and the Association of Journalists of Albania (AGSH), also welcomed the ruling.

“This historic ruling strengthens the important principle that protecting journalistic sources is essential to media freedom,” Safe Journalists said.

“Journalists must be free to do their work without fear of state interference or pressure to reveal their sources,” stressed AGSH.

At a time when journalism in Albania faces frequent pressure, the Constitutional Court’s ruling will force institutions to be more careful about how they intervene in journalists’ work and will likely mean SPAK no longer orders the media to stop publishing certain information.