The Special Prosecution Office against Corruption and Organized Crime (SPAK) has requested the dismissal of the case against two defendants, Silvio Cara and Elmir Tufa, previously accused of involvement in the murder of Shkëlzen Kastrati, an event that occurred on February 1, 2021 in Fier.
After extensive investigations, also based on data provided by the encrypted Sky ECC application, SPAK concludes that the real target of the assassination was another person – citizen Kelmend Kastrati – and that the murder of Shkëlzen Kastrati resulted from an error in identification by the structured criminal group.
According to the prosecution, one of the suspected perpetrators of the execution was sentenced by final judgment in April 2023. As for the two current defendants, no evidence was found to prove their involvement in the organization or perpetration of the criminal event.
In this context, SPAK has requested the Special Court to dismiss the case against Cara and Tufa, based on articles 328 point 1, letter "dh" and 329/a of the Code of Criminal Procedure.
However, investigations into other members of the criminal group – identified or not yet identified – continue within the framework of criminal proceedings no. 59 of 2022.
Full Notice:
Request for Dismissal of the Case in Criminal Proceeding No. 59/2 of 2022, against the Defendants:
Silvio (Roland) Cara, accused of committing the criminal offenses of:
“Premeditated murder”, to the detriment of citizen Shkëlzen Kastrati, an event that occurred on 01.02.2021 in the city of Fier, committed in a special form of cooperation, that of a structured criminal group, committed in a special form of cooperation, that of a structured criminal group;
“Unauthorized possession and production of weapons, explosive weapons and ammunition”;
“Structured criminal group”, in the form of participation, provided for by article 333/a, paragraph 2 of the Criminal Code;
“Commitment of criminal offenses by a criminal organization and a structured criminal group”, provided for by article 334/1 of the Criminal Code.
“Forgery of documents” provided for by articles 186/1 of the Criminal Code;
Elmir Tufa, accused of committing the criminal offenses of:
“Premeditated murder”, to the detriment of citizen Shkëlzen Kastrati, an event that occurred on 01.02.2021 in the city of Fier, committed in a special form of cooperation, that of a structured criminal group, committed in a special form of cooperation, that of a structured criminal group;
“Unauthorized possession and production of weapons, explosive weapons and ammunition”;
“Structured criminal group”, in the form of participation, provided for by article 333/a, paragraph 2 of the Criminal Code;
“Committing criminal offenses by a criminal organization and a structured criminal group”, provided for by article 334/1 of the Criminal Code.
From the entirety of the investigative actions carried out so far, it is proven that with regard to the defendants Silvio Cara and Elmir Tufa, the investigations in the Special Prosecutor's Office in charge of them have continued after the declaration of subject matter incompetence on 30.05.2024 of criminal proceedings no. 103 dated 01.02.2021 of the Prosecutor's Office at the First Instance Court of General Jurisdiction in Fier.
The investigative acts prove that on 01.02.2021, around 10:00-11:00, in the "Sheq i Madh" neighborhood, Fier, at the place called "Sheq's roundabout", citizen Shkëlzen Brahim Kastrati was killed with a firearm, who was traveling in a Benz vehicle with license plates AA 871 AN.
From the investigations conducted by the Special Prosecution, referring to conversations conducted by SkyECC users between members of a structured criminal group, it has emerged that these citizens were organized with the aim of carrying out the murder of citizen Kelmend Kastrati, but they went astray at the object and killed citizen Shkëlzen Kastrati.
During the investigation, the interested persons and the orderers were identified, as well as the persons who were engaged in the localization of this citizen and the executors, where one of the executors was convicted for this event by final criminal decision no. 62-2023-1137 (160), dated 04.04.2023, of the Fier Judicial District Court.
The investigation failed to prove that the defendants Silvio (Roland) Cara and Elmir Tufa were associates of this structured criminal group and had participated in the commission of criminal offenses.
In accordance with Articles 328, point 1, letter "dh" and 329/a of the Code of Criminal Procedure, the Special Prosecution requested before the judge of the preliminary hearing the dismissal of the criminal case against the defendants Silvio (Roland) Cara and Elmir Tufa, in relation to criminal proceedings no. 59/2 of 2022, as it was not proven that the criminal offenses for which they are accused were committed by these defendants.
For the other members of the structured criminal group identified or unidentified by us, involved in the murder with a firearm on 01.02.2021 of citizen Shkëlzen Kastrati, preliminary investigations are continuing in relation to criminal proceeding no. 59 of 2022, from which criminal proceeding no. 59/2 of 2022 has been separated.
