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The Special Court has rejected SPAK's request for the confiscation of the assets of Elvin Merlikë and his relatives. The panel of judges, composed of Judge Erjon Bani, rejected the request, reasoning that it is unfounded in law and evidence.
Merlika is suspected of being part of the criminal group that planned the murder of Indri Dokles. He is suspected of the criminal offense of “Providing conditions and material means to commit murder”, committed in the special cooperation of the structured criminal group, “Structured criminal group”, “Committing criminal offenses by a structured criminal group and criminal organization”, provided for by articles 80, 28/4, 333/a/1, 334 of the Criminal Code, as well as persons associated with it.
Notice to the GJKKO:
1. The applicant, the Special Prosecution Office against Corruption and Organized Crime, on 22.01.2025, filed with the Court the request with the subject: "Confiscation of property against the subject Elvin Merlika, relatives HM, EM, AM, JM, BM and third parties ER, ER and AH".
2.. At the conclusion of the trial, the Special Court of First Instance for Corruption and Organized Crime with a panel composed of Judge Erjon Bani, based on and in application of Articles 4, 15, 17 and 41 of the Constitution; Articles 3-7, 11, 12, 14 and 15 of Law No. 10192, dated 03.12.2009 “On the prevention and suppression of organized crime, trafficking, corruption and other crimes through preventive measures against property”, as amended; Articles 4 letter “a”, 13 and 16 of Law No. 34/2019 “On the administration of seized and confiscated assets”, as amended by Law No. 19/2020; The ECHR jurisprudence in the case “Yordanov and others v. Bulgaria”, dated 26.09.2023 and in the case “Todorov and others v. Bulgaria”, dated 13.07.2021, with decision no. 17, dated 07.11.2025 decided:
1. Rejection of the request of the Special Prosecution Office against Corruption and Organized Crime as unfounded in law and evidence.
2. Revocation of the seizure ordered within the framework of property proceedings No. 2 of 2022 by decision No. 4, dated 23.01.2023 of the Special Court of First Instance for Corruption and Organized Crime and the return of the seized assets to their owners.
3. The Agency for the Administration of Sequestered and Confiscated Assets, Tirana, is charged with the execution of this decision.
4. An appeal against this decision is allowed within 15 (fifteen) days from the day after the notification of this decision to the Special Court of Appeal for Corruption and Organized Crime. Tirana, on 07.11.2025 Special Court of First Instance for Corruption and Organized Crime.
In January of this year, SPAK filed a request with the GJKKO, requesting the confiscation of movable and immovable assets of Merlikë and persons associated with him. These assets include shares in commercial companies, apartments, fields, garages, forest land and apartments.
At the end of the property investigation, SPAK concluded that the seized assets are unjustified from legal sources and are therefore presumed to be the result of the criminal activity of the investigated persons and persons associated with them. /CNA
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