SPAK dismisses the criminal case against the member of the Special Court, Irena Gjoka, who was convicted in Greece for using a forged visa. The judge was investigated for the criminal offense of “Forgery of seals, stamps or forms”, but prosecutors say that she has not completed the criminal offense.
The dismissal decision states that after analyzing the materials received from Greece, it does not appear that Judge Gjoka was aware of the sentencing decision, since the Greek authorities themselves decided to archive it.
Because she was unaware of the decision, according to prosecutor Bledar Maksuti, she had no way to hide it.
The General Prosecutor's Office earlier stated during the administrative investigation that Gjoka had been convicted in Greece, a record she had not declared in 2016 when she filled out the decriminalization form as part of the vetting process. Currently, the Gjoka case is in the hands of the ILD.
Below is the full SPAK announcement.
SPAK requests the termination of criminal proceedings no. 130 of 2025
The Special Prosecution Office against Corruption and Organized Crime has filed with the Special Court of First Instance the request for termination of criminal proceedings no. 130 of 2025 against the complainant Irena Gjoka, registered on 5.6.2025, for the criminal offense of "Forgery of seals, stamps or forms", provided for by Article 190 of the Criminal Code.
This criminal proceeding was registered based on the complaint filed by citizen Adriana Kalaja, in her capacity as the chairwoman of the Appeal and Statute Evaluation Commission of the Democratic Party. The complaint material was filed with the Special Prosecutor's Office on 20.5.2025 and included falsification of documents, abuse of office and exercising illegal influence.
Within the framework of this proceeding, additional reports, reference materials and documentation from various institutions have been administered, and numerous investigative actions have been carried out, including verifications at the General Prosecutor's Office, the Ministry of Justice and foreign authorities, through international legal cooperation mechanisms.
From the administered acts, including the documentation forwarded by the justice authorities of the Republic of Greece, it is evident that against the citizen Irena Gjoka (alias Shpata; Maneku) there is a criminal court decision of the Court of First Instance of Ioannina, with no. 1447/2005, through which she was declared guilty of the criminal offense provided for by the Greek criminal legislation "Entry and stay of foreigners in Greek Territory", sentenced to imprisonment and a fine (converted to a fine according to the enacting clause of the decision).
The materials administered show that Irena Gjoka has been subject to administrative and judicial proceedings in Greece, following two incidents at the border, where the use of irregular documents and attempts to enter with different identification data were found. As a result, administrative measures have been taken against her, including deportation and a ban on entry into the Schengen area, which she has challenged in the Greek administrative courts.
Furthermore, the documentation provided shows that a criminal trial was also conducted against her in Greece, specifically with decision no. 1447/2005 of the Criminal Court of First Instance in Ioannina, where she was found guilty and sentenced for using irregular documents. However, this trial was conducted in her absence, while the notification was carried out according to the procedures for persons with unknown residence. In this context, there is no documentation proving that she was actually and effectively notified either of the trial or of the announcement of the decision.
Also, it appears that no documentation has been administered proving the notification of the court decision against her, and there is no evidence of effective knowledge of the existence of this decision at the time of its issuance.
The Greek authorities, following the implementation of the relevant legislation (Law No. 3346/2005), have ordered the non-execution and archiving of the criminal decision, because it had not become final and because the criminal offense had become statute-barred.
Also, from the official verifications carried out, it results that the criminal records issued by the Greek authorities do not contain any information about a criminal conviction against her, while in the self-declaration form she has declared that she has not been convicted by a final decision.
From further analysis of the acts, it results that even if the existence of this criminal decision were taken for granted, the criminal prosecution regarding this fact results to be extinguished due to statute of limitations, in accordance with the relevant applicable legislation.
Taking into account the lack of proper notification, the conduct of the trial in absentia, as well as the expiration of the legal deadlines for criminal prosecution, it is concluded that the legal conditions do not exist for the further continuation of criminal prosecution in this case and that it is not proven that Magistrate Irena Gjoka committed the criminal offense.
Under these conditions, the Special Prosecution Office against Corruption and Organized Crime has requested the dismissal of the case, based on articles 28/1, 75/a and 328 point 1, letters "d" and "dh", as well as 329, letter "a" of the Code of Criminal Procedure.
This request has been submitted to the Special Court of First Instance for Corruption and Organized Crime.
The Special Structure against Corruption and Organized Crime (SPAK) remains committed to exercising its constitutional and legal duties, guaranteeing an independent, impartial and law-based investigation.
