The Special Court of First Instance for Corruption and Organized Crime has decided to reject the request of the Special Prosecution Office for the confiscation of the assets of citizen Elvin Merlika and eight persons associated with him.
Elvin Merlika is suspected of being part of the criminal group that planned the murder of Indrit Dokles.
The decision, which revokes the seizure imposed in 2023, marks a legal defeat for SPAK in a high-level property proceeding, describing the request as "unfounded in law and evidence."
The 2022 property proceeding was registered by SPAK on serious suspicions of criminal activity of Elvin Merlikë. He was investigated for the following criminal offenses:
"Providing the conditions and material means to commit murder" (to the detriment of citizen Indrit Dokle).
Committing crimes in special collaboration with the "Structured Criminal Group".
SPAK argued that the seized assets of Merlikë and persons associated with him were "unjustified from legal sources" and were presumed to be the result of criminal activity.
However, the trial panel, composed of Judge Erjon Bani, concluded that the evidence presented by the prosecution was insufficient to support the confiscation request.
SPAK now has 15 days to appeal this decision to the Special Court of Appeal, where the next legal battle in this case is expected to take place.
Announcement of 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/