The date has been set for the Supreme Court in England to consider the appeal requested by Albania and the Secretary of State for Home Affairs Shabana Mahmood to extradite the five suspects involved in the murder of businessman Ardian Nikulaj.
A spokesperson for this court confirmed to Top Channel journalist Muhamed Veliu that March 17, 2027, has now been set to review this appeal.
A full day of trial will be available to the Albanian state representative in this process, an English prosecutor from the CPS, and to the lawyers of the five wanted men.
Parties to this process are Edmond Haxhia, Thomas Mithan, Harriet Bridgeman, Harry Simpson and Steven Hunt, who have been declared wanted by the Lezha Prosecutor's Office.
The judges of the English Supreme Court will have to answer the question.
When issuing an extradition order under section 93 of the Extradition Act 2003, must the Secretary of State for the Home Department identify the offence set out in the extradition request for which the person is sought to be prosecuted?
According to the allegations, Edmond Haxhia, an Albanian citizen with a British passport, Thomas Mithan, Harry Simpson, Harriet Bridgeman and Steven Hunt (“the defendants”) participated in a plan that led to the death of Adrian Nikulaj.
He was killed in Albania after being shot by Ruben Saraiva, who was found guilty of murder and sentenced to life in prison.
The Republic of Albania submitted an extradition request to the Secretary of State.
Each request cited the same provisions of the Albanian Criminal Code: “Murder due to blood feud”, under Article 78/a, and “Unauthorized production and possession of weapons and ammunition”, under Article 278/1, in relation to the definition of collaboration in the commission of a criminal offense, under Article 25 of the Albanian Criminal Code.
These extradition requests were subsequently certified by the Secretary of State as valid, in accordance with section 70 of the Extradition Act 2003 (“the 2003 Act”).
During the judicial review of the extradition cases, the requests submitted by the Albanian government changed.
At the time the Secretary of State issued the certificates, the requests were for the extradition of each person for prosecution under Articles 78/a and 278/1 of the Albanian Criminal Code.
At the conclusion of the extradition hearing, the requests aimed at the extradition of the persons to be prosecuted for the criminal offense of "Premeditated Murder", under Article 78 of the Albanian Criminal Code, in conjunction with Article 25.
The Westminster Magistrate Court Judge (District Judge) concluded that each case should be referred to the Secretary of State for a decision on whether to order the extradition of the person concerned, under section 93 of the 2003 Act.
The Secretary of State ordered the extradition of each person to Albania for the charges identified in the extradition requests.
The High Court accepted both the appeals and the requests for judicial review, relying on the inconsistency between the requests for extradition, which referred only to criminal offences under Articles 78/a and 278/1, in conjunction with Article 25, and the extradition subsequently ordered for criminal offences under Article 78, in conjunction with Article 25.
The extradition orders were revoked.
The Republic of Albania and the Secretary of State appealed this decision to the Supreme Court of the United Kingdom, which agreed to take the case for review.