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The Supreme Court has postponed the hearing for the consideration of the request which institution will investigate the "January 21" file, between the Prosecutor's Office of Tirana or SPAK.
The college considered it necessary to listen to the parties because the issue is important from the point of view of law, for the unification or development of judicial practice.
The Supreme Court announces that the case of "January 21" will be considered on March 12, 2024, at 1:00 p.m.
"The Supreme Court decided:
1. Review of case no. 70022-00558-00-2023 act, with registration date 13.09.2023, in court session with the presence of the parties on March 12, 2024, 13:00.
2. The secretariat of the Supreme Court is ordered to notify the parties participating in the trial.
The college considered it necessary to listen to the parties because the case represents importance from the point of view of law, for the unification or development of judicial practice," the Court's announcement states.
It was the family members of Aleks Nika, one of the victims of January 21, who requested that the case be handed over to the Special Prosecutor's Office, SPAK.
The decision that will be given by the Supreme Court will decide whether the investigations will be continued by the Prosecutor's Office of Tirana or will be passed to SPAK, to open the investigation of what the Court of Strasbourg called a state crime.
The Strasbourg decision of November 14, 2023 calls for justice and the punishment of those responsible for that state crime.
SPAK will have to clarify the accusations of ordering murders, breaking and diverting investigations, obstruction of justice by the highest officials of the Albanian government of that time, led by Sali Berisha.
The request of Aleks Nika's family members was previously rejected on two levels by the GJKKO and in the Appeal of the GJKKO.
According to their argument, the accused for this crime are Sali Berisha and Lulzim Basha, then Prime Minister and Minister of the Interior, who are subjects that should be investigated by SPAK together with Andrea Prendi, then commander of the Republic Guard.
In the appeal of Aleks Nika's wife, it is said that the Prosecutor's Office of Tirana has kept the investigation for January 21, for 2 years and 6 months, without taking any action to clarify the incident.
The Special Prosecutor's Office has declared incompetence, not only for the lawsuit filed by the family members on February 16 of this year, but also for the one filed by the Ministry of Justice and the Socialist Party.
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