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Aktualitet2025-10-10 19:56:00

Ardian Nikulaj's murder, defense: Why Edmond Haxhia should not be extradited

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Ardian Nikulaj's murder, defense: Why Edmond Haxhia should not be

Ledi Bianku, former Albanian judge in Strasbourg, and Kujtim Cakrani, lawyer for Ruben Saraiva, have sent 1 report and 1 testimony to the Royal Court of Justice in London in support of blocking the extradition of Edmond Haxhië, whom the Lezha prosecution accuses as a suspect in organizing the murder of Ardian Nikulaj in April 2023.

Top Channel journalist Muhamed Veliu has the document called "Sekeleton Argument" submitted to this court by BEN WATSON KC and REBECCA HADGETT, who led the application process to obtain permission to appeal the extradition decision issued in August 2024, subsequently signed by the Secretary of State for Home Affairs.

There are four defense claims as to why Edmond Haxhia should not be extradited from Great Britain to Albania.

" Extradition would be incompatible with Article 3 of the European Convention on Human Rights, as he would be sentenced to life imprisonment. The conditions of Albanian prisons pose a risk to Edmond Haxhië's life. Similarly, his extradition would be incompatible with Article 6 of the European Convention on Human Rights, as there is a high risk that he will be denied a fair trial," Haxhië's lawyer said. 

To substantiate and make these issues as convincing as possible, as in the first trial when extradition was allowed in August 2024, Edmond Haxhia's defense has hired Ledi Bianku as an expert. In his report, the former Albanian judge in Strasbourg gives this opinion on the guarantee given by the Albanian state that "Edmond Haxhia will not be charged with the blood feud article.

The guarantees given by the Prosecutor’s Office at the Court of First Instance of General Jurisdiction, Lezha are not legally binding for prosecutors dealing with the case before the Court of Appeal of General Jurisdiction in Tirana, or for prosecutors dealing with the case before the High Court. There are few examples, related to the guarantees, which show that national jurisdictions, namely the High Court and especially the Constitutional Court, do not always pay due attention to the guarantees given by the Minister of Justice offering the reopening of proceedings in case of previous trials in absentia. The further guarantees are not credible, and do not meet the identified risk of an irrevocable life imprisonment sentence in the case of Mr. Haxhia ”- states Binaku. 

Meanwhile, Kujtim Cakrani, Ruben Saraiva's lawyer, in his testimony for this process, has listed a host of problems in the Portuguese's trial in the Lezha court. Such as the failure to notify him and Saraiva of the postponement of the arrest measure on December 27, 2024, for which he has sent a complaint to the "High Inspectorate of Justice".

Lawyer Cakrani testifies that Ruben Saraiva does not speak Albanian and that during the court hearings so far, an interpreter has not been made available to him. He also says that Saraiva is being held in complete isolation and has no access to health services.

Mr. Cakrani’s testimony regarding the treatment of his client adds further weight to the concerns raised by Ms. Brunilda Jaho. In particular, the termination of the proceedings regarding the continuation of detention, where Mr. Cakrani was not informed of the hearing and Mr. Haxhia’s co-defendant, Mr. Saraiva, did not appear, together with the complete failure to provide access to an interpreter in Court, constitute serious violations of Mr. Saraiva’s rights to a fair trial, ” Haxhia’s lawyer added. 

In this process, attorney Ben Watson KC brings another testimony from attorney Kujtim Cakrani for threatening a witness.

“Recently, Mr. Cakrani has also provided evidence of threats and physical attacks against a witness in this case, Erlind Gjini, in order for Mr. Gjini to accuse Mr. Haxhia of ordering the murder. There is no suggestion that this evidence has been excluded from the proceedings; on the contrary, it appears from Mr. Cakrani’s statement that the evidence was obtained by the Court and the Prosecution sought to limit the information provided in relation to the conditions of the interrogation.”

According to Edmod Haxhi's lawyer, Ben Watson, in Albania, lawyers Kujtim Cakrani and Brunilda Jaho are involved in this extradition process but are facing problems.

“The fact that both Mr. Cakrani and Ms. Jaho have received threats since their involvement in this case, and that Ms. Jaho was recently attacked while in court, is illustrative of the strength of ill-feeling towards the defendants in this high-profile case and of the attempts to exert unlawful pressure on those defending the defendants. The General Directorate of Prisons filed a complaint against Mr. Cakrani seeking the revocation of his license in retaliation for his ongoing complaint regarding the conditions of detention .”

Based on Ledi Bianku's report and the testimony of attorney Cakrani, Edmond Haxhi's defense hopes to gain the right to appeal the decision to extradite Edmond Haxhi and the three British men, who according to the prosecution came to Shëngjin as an observation group at the victim's hotel.

At the Royal Court of Justice on December 2, 2025, the objections of the Albanian state representative in this process will be heard, and then Judge Mr. Justice Swift will decide./ TCH

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