Weapons, police vests and DNA, the Supreme Court decides where the Martinaj case will be tried

The High Court has resolved the dispute over jurisdiction between the Special Court against Corruption and Organized Crime (SCOC) and the Court of General Jurisdiction of Tirana regarding a criminal proceeding where the defendant is Ervis Martinaj.
With the decision dated March 10, 2026, the Criminal Panel of the High Court has determined that the competent authority for the review of file no. 417 of 2022 is the Court of First Instance of General Jurisdiction of Tirana and not the GJKKO.
Top Channel journalist Anila Hoxha reports that the criminal proceedings are related to the police search conducted in May 2022 at the "Zeus Garden" hotel, where Ervis Martinaj was suspected of staying. During the search, a pistol-type firearm, ammunition, vests with the inscription "Police", wallets with a police emblem, masks, bulletproof gloves and handcuffs were seized.
At the conclusion of the investigation, Ervis Martinaj was charged with the criminal offenses of “Unauthorized Possession and Production of Weapons, Explosive Weapons and Ammunition” and “Unlawful Possession of Uniform”. Meanwhile, Armand Merlika, Ergys Merlika and Dea Pistolja are charged with the criminal offense of “Failure to Report a Crime”.
One of the main pieces of evidence administered in the file is the biological DNA expertise, according to which the genetic material found in several items seized in the hotel premises is compatible with the genetic profile of Ervis Martinaj, who has been missing without a trace since August 2022.
The Prosecution and the Court of General Jurisdiction of Tirana had assessed that the proceedings were related to another SPAK investigation against Martinaj for acts committed within the framework of a structured criminal group and for this reason the file should be passed on for review to the GJKKO.
However, the Special Court opposed this position, arguing that in this criminal proceeding there is no formal charge of a structured criminal group and that the preliminary hearing judge cannot add new charges without a decision by the prosecution.
In its reasoning, the Supreme Court emphasizes that at the preliminary hearing stage, only the prosecutor has the authority to amend or add charges. According to the Criminal College, as long as the prosecution has not filed a charge related to the structured criminal group, the case should be tried on the basis of the existing charges.
Consequently, the Supreme Court decided that this criminal proceeding will continue to be examined by the First Instance Court of General Jurisdiction of Tirana. This decision is not related to the merits of the case and does not determine the guilt or innocence of the defendants, but only the competent court that will examine the file./TCH
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