How did the Court reason that the three suspects who were seized with 1m euros in Merdar will be protected in freedom?

With this decision, suspects were released to defend themselves in freedom, reports the “Justice Trust”, broadcast Periscope.

According to the decision, at the hearing session prosecutor Shenaj Berisha has said conditions for appointing the detention measure to suspects have been met.

The prosecutor has said the suspects -- who are citizens of Albania -- were detained during customs control and in the vehicle they were travelling with had about 1m euros hidden, undeclared, their source allegedly due to criminal activity. He said that they have falsely claimed that they possess nothing to declare.

So, according to Berisha, given the nature of criminal acts, the way they conduct and coordinate between suspects and the fact that they can exploit their connections across Europe, there is a danger that if left in freedom, they can try to escape, or influence witnesses or manipulate evidence.

On the other hand, Ahmadojkat's defender, lawyer Fitm Bunjak, in the decision, rejected the prosecution's request, arguing that there are no conditions needed for the detention assignment. He said the PSRK has made proper assessment in view of the evidence and the actual situation.

According to Bulnjak, his defender has not been aware of that amount. And that's what the suspect, Ahmad, said he was just a driver.

I've never dealt with bad things in my life and I'm a family man”, the suspect was quoted as saying.

Even the defender of the suspect Kaziu, lawyer Betim Shala, rejected the prosecution's request, saying that from its contents it cannot be proven directly and completely suspicious of the detention assignment.

According to him, the non-recognition of the amount of more than 10,000 euros is customs violations, and punishments and no criminal sanctions have been envisioned. He said the owner of the van where the money was found is none of the suspects.

Shala stressed that the risk of escape can be eliminated even with softer measures -- bail or house arrest. He said that neither hiding or changing evidence can happen because money is now in the possession of the police.

So he proposed that Kaziu suspects be appointed bail measures or house arrest. The lawyer's statement was backed by the suspect.

However, suspect Laska's defender, lawyer Adelina Imer-Hasani, generally rejected the request for the detention assignment, saying it is not based on evidence and concrete evidence.

The lawyer said Laska was only a passenger on that occasion and that there were tickets reserved for travel from Germany to Albania, proposing that he be protected in freedom. Imer-Hasan's statement was backed by Laska.

Court assessment:

In the Court's assessment, after reviewing the state's procurement request for the appointment of the detention measure, it came to the conclusion that it is unfounded, rejecting it in the field.

The decision reportedly says that in this case, the essential condition from the Penal Procedure Code provisions is not met, praising that the prosecution has failed to prove there is doubt that the defendants have committed the criminal work they are suspected of.

So this Court has estimated that, in its claims, the prosecution has not supported any evidence.

“Sic can also be seen by the prosecution's own question, in its content only indirectly in a short sentence, mentions that there is a suspicion based on the fact that defendants have committed the criminal work they are suspected of, but no superficial evidence has been mentioned in which the prosecution supports its claim that there is baseed suspicion”, said in the verdict.

Under the decision, the request for the detention assignment has not even been attached to the minimum evidence for this phase of procedure, such as vehicle control procession and confirmation of the seizure of monetary means -- which can prove the objective aspect of criminal work. Nor have evidence confirming the subjective aspect of criminal activity reportedly been attached.

In a review of the evidence, in this establishment of the Foundation, it is said that the detention request has been linked to the criminal consignment compiled by Kosovo Customs, which does not contain reference to evidence, a report by Kosovo Customs, which also does not have any evidence attached except to how the event happened, as well as the statements of suspects given before customs investigators, where they denied the work, and some images of monetary means, without a specific list of bill numbers.

According to the Court, although the prosecution did not rely on the evidence when applying, they cannot serve as grounds for supporting the suspicion based.

“in this sense, it turns out that the prosecution's request is not based on any evidence, proving the suspicion based”, said in the verdict.

Thus, considering that the basic (based) condition for the detention assignment was not met, the Court decided that the defendants would be released at all.

Against this act, 48-hour complaints were allowed at the Court of Appeals.

Prosecutor's request:

Meanwhile, in the Special Prosecutor's request compiled on February 25, 2026, it is said that there is reasonable doubt that defendants Edmir Ahmadukej, Aureel Kaziu and Ardit Laska, deliberately and knowing that the designated wealth is acquired in criminal activity, on February 24, 2026, have entered the territory of the Republic of Kosovo through the Merdar border point, by means of the type of MP Ahmadojkaj, and the defendants of Kazika and Las.

According to the prosecution's request, during the search by customs officials, after having been asked if they possessed anything for statements, they have falsely claimed they had nothing to declare, with the intent to conceal and disguise the source, and that after passing the vehicle into the scanner, emphasis on density and non-usual lines on the lower part of the vehicle have been observed.

While, it is said that during the detailed search, from customs officials in co-operation with the Kosovo Police, using technical equipment, in a modified space in the bunker, 18 packages with banknotes of 10m, 20m, 50m, 100m and 200m, have been found within the original estimate of about 1m euros.

With these actions, it is said that defendants in co-ordination, 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, being aware of their illegal origiality.

With this, defendants allegedly committed criminal work “in co-ordination. The release of money” by Article 302 concerning Article 31 of the Republic of Kosovo Criminal Code, regarding Article 56, par.1, Article 1.1 of the Law to Prevention Money Laundering and Combating Terrorism Financing.

It says that in the statement issued before customs investigators, Ahmadojkaj declared he was unaware of the money found in the van.

Kaziu, on the other hand, reportedly declared that he had left Tirana for Germany in a blue van, which he had changed in Kosovo with what was banned by Dogan. He said he picked up the van from the company, adding that he was unaware of the confiscated money. Meanwhile, he added that he had stayed one night in Germany and later met with Ahmadojkaj, continuing on to Albania.

Laska also, according to the Prosecutor, denied any link to confiscated money. He said on February 23rd they left with the other two disabled people from Georgia to Albania.

In the motion, the prosecution had estimated that the conditions for the detention assignment have been met -- the defendants suspected of committing serious criminal acts, there is the risk of running away if left on freedom, there is the risk of annihilation, hiding or changing evidence, and that the burden of criminal acts is severe and there is high social risk.