SPAK has announced that the case of January 21 is already in SPAK. Due to the continued interest of the media and the public, yesterday it was registered for criminal proceedings, SPAK informs and further writes about the 3 charges:
"Murder in other qualifying circumstances", committed in collaboration, against two or more persons and in a dangerous manner for the lives of many persons, provided for by article 79 letters "dh" and "ë", as well as 25 of the Code Criminal.
"Abuse of duty" , carried out in collaboration, provided by articles 248 and 25 of the Criminal Code;
"Performing actions that prevent the discovery of the truth", carried out in cooperation, provided by articles 301 and 25 of the Criminal Code.
This criminal proceeding was registered in connection with the event dated 21.01.2011, which took place on the Boulevard "Dëshmorët e Kombit", in Tirana, where during a rally organized by the political opposition of that time in front of the Prime Minister's Office, the citizen Aleks Nika was killed, as and citizens Artes Dybeli, Ilia Qesko and Ilia Papa were injured.
The registration of this criminal proceeding was made by assessing the conclusions of decision No. 00-2024-1222 of Decision (69), dated 12.03.2024 of the Criminal College of the Supreme Court (deposited in the secretariat of the Special Prosecution on 11.07.2024), as well as being before the legal obligation to implement this decision, with which the Special Prosecutor's Office against Corruption and Organized Crime is ordered to register the criminal proceedings for the report dated 16.02.2023, of the citizen Rajmonda Nika, as well as evaluating and keeping in mind, according to the decision of the Criminal College of the Supreme Court, the pronouncement of the European Court of Human Rights (ECHR), (decision dated November 14, 2023 - Nika v. Albania case), related to the specific case, where the ECHR concluded at the end of the case - a violation of Article 2 of the European Convention on Human Rights, both materially and procedurally.
In the specific case, the investigation of the criminal offenses provided for by articles 79, letters "dh" and "ë" and 25, 248 and 25, as well as 301 and 25 of the Criminal Code, is within the competence of the Special Prosecutor's Office, based on the article 75/a, letter "ç" of the Code of Criminal Procedure, as it is suspected that criminal offenses may have been committed by former high state officials, during the exercise of their duties.
Evaluating the information obtained and administered that the Prosecutor's Office at the Court of First Instance of the General Jurisdiction of Tirana was conducting investigative actions in relation to criminal proceedings No. 285, of 2011, (restarted), whose acts refer to the event that occurred on 21.01.2011, for the murder of citizen Aleks Nika and the wounding of citizens Artes Dybeli, Ilia Qesko and Ilia Papa, as well as after the announcement of 15.07.2024 made by the prosecutor of the case, in support of articles 29 points 3 and 75/a, with the decision of 15.07.2024, the Head of the Special Prosecution Against Corruption and Organized Crime, has decided, among other things:
Determination of the subject competence for the investigation of criminal proceedings no. 285, of 2011, registered in the Prosecutor's Office at the Court of First Instance of General Jurisdiction, Tirana, designating the Special Prosecutor's Office against Corruption and Organized Crime as the competent prosecutor.
The search for acts of criminal proceedings No. 285, of 2011, by the Prosecutor's Office at the Court of First Instance of General Jurisdiction, Tirana.
The notification with this decision of the Prosecutor's Office at the Court of First Instance of General Jurisdiction, Tirana, with the purpose of sending it the acts of criminal proceedings No. 285, of 2011.
