Appeal breaks the Foundation's decision, detention for three people allegedly hiding about $1 million in vehicles

“2 / 1 IT IS estimated that the 30-day detention measure, which will be calculated from the moment of the arrest of the defendants and will be completed until the end of the 30-day business, in line with Article 184 paragraph 1, subparagraphs 1.1 and 1.2, points 1.2.1, 1.2.2, 1.2.3 of the KPP, due to the existence of the suspect based that the defendants carried out the criminal work described at the introduction of this act (4)x>, the act of March 1826.

The foundation on March 9, 2026, even in restoration, had refused the prosecution's request for the detention of suspects, reports “Battle for Justice”, broadcast Periscope.

Against this act, in legal terms the Special Prosecution has filed complaints due to violation of criminal procedure provisions and misappropriation of facts.

The prosecution had proposed that the Court of Appeals change the complaining decision so that the detention measures, or the complaint act, can be broken and the case returned to restoration.

Kosovo's Appeals Prosecutor, on the contrary, has proposed that it be approved as based on the prosecution's complaint and on defendants to appoint the detention measure.

In the complaint, the Special Prosecutor claims that the complaint has been issued as a result of the wrong interpretation and implementation of the legal standard of suspicion previously based on Article 184 of the Penal Procedure Code, as well as an unfair and not comprehensive assessment of the actual material presented by the Prosecution.

The prosecution claimed that the first degree court has come to the wrong conclusion that legal conditions for determining the detention measure against the defendants have not been met.

“In this case, the court has assessed the evidence fragmentedly and out of their quantum context, applying a standard of prosperity higher than he requested in this procedural phase, which has directly influenced the legality of the decision issued”, the prosecution's claims quoted.

In concrete case, The SPRK claims that the suspicion based on concrete evidence that it has offered in its request for the detention measure's appointment.

The trial in its reasoning has concluded that the prosecution has not presented evidence supporting the grounds of suspicion, considering that criminal defamation, Customs report, suspects' statements and monetary media photos have no provative value”, the prosecution is said to have claimed.

Such an approach, according to the Prosecutor, presents the wrong interpretation of the procedural phase in which the criminal case is located, as this early stage of procedure does not require a full examination of the criminal act, but the existence of objective circumstances that create reasonable probability that criminal work has been committed and that concrete persons are involved in it.

The fact that an extremely large monetary amount has been discovered during border control, hidden in modified bunkers within the vehicle and not declared before the customs authorities, constitutes sufficient circumstances that convinced an objective observer of the real possibility of carrying out criminal work and of including persons exercising actual control over vehicle and transport”, is said in the decision.

According to the prosecution, with the release of the defendants, without determining any measure, there is a concrete risk of escape given that they are citizens of Albania, there is the risk of hiding or hurting evidence and the risk of preventing normal development of criminal procedure.

So, he has proposed that the Court of Appeals approve the complaint as based on complaint and decide according to the proposal in the complaint.

By contrast, in his decision, the College of Appeals has found that the court of the first degree has wrongly estimated that there is no basis for doubt on the matter of committing a criminal act. The ruling even states that the prosecution in demand for the detention measure has given sufficient reason to do so.

Consequently, Apel has assessed that there is a doubt based on the fact that Edmir Ahmadukej, Aurel Kaziu and Ardit Laska, deliberately and knowing that the designated wealth is acquired through criminal activity, on February 24, 2026, have entered Kosovo's territory through Merdare and during the search by customs officials, as they have been asked whether they possess anything for statements, with full awareness and at least having reason to know that the hidden property for profiting from criminal activity, have claimed that they had no claim to declare anything.

This, according to Apel's decision, was allegedly done in order to conceal and disguise the source, where after the vehicle was passed into scanners, 18 packages with different banknotes have been found, and non-usual lines on the lower side of the vehicle, and during detailed control, in a modified space in the bunker, which, according to the initial assessment, was about a million euros.

According to Apel, the defendants, in their co-ordination allegedly have hidden and disguised the source and location of property that constituted profits from criminal activity, have transported and attempted to transfer financial means with the aim of making them legal, possessed and exercised control over these financial means, knowing of their illegal origin.

While, evidence in this case according to Appeals is enough to support the suspicion based on the criminal act for which three defendants are charged.

Consequently, Appeals has estimated that there are legal grounds for appointing the detention measure to the three defendants on the grounds that there is a danger of them escaping as Albanian citizens.

He also told them that if defendants are found in freedom, there is the danger that they can eliminate, hide, change or forge evidence or even prevent the flow of procedure.

“This risk also relies on their concrete actions: hiding too much monetary in vehicles, slippery statements and attempts to mask the source of money, as well as planning travel and co-ordination among defendants for the transport of money. Therefore, according to the Court of Appeals' assessment of the criminal college, the appointment of the extent that the detention of the defendants in this phase of the criminal procedure is reasonable and necessary for the successful and effective implementation of this criminal procedure”, Apel's decision is said.

Likewise, Appeals has said there are legal reasons for appointing the detention measure to them because of the weight of criminal acts, because the criminal act for which defendants are suspected and investigated is of grave nature and has high social risk.

The “in this case is about hiding and transporting the considerable monetary amount of 1,000,000 euros, which were undeclared and hidden in vehicles, aiming to mask their source, which is suspected of being from criminal activity. These actions directly affect public interest, massively damaging general goods. The way to carry out the work ʹthe use of a modified bunker vehicle for hiding money, lynching statements of defendants, and co-ordination among them shows that actions were intentional and planned, which increases the burden of criminal responsibility and points to the risk of repeating the criminal act of the same nature or even worse if they were free”, the decision says.

Consequently, the court has estimated that the defendants should be appointed detention measures because they are released, or the appointment of any other measure could not be achieved in criminal procedure, so it approved the Kosovo Republic's special prosecutor's complaint as based. /Periscope/