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Theft and abuse of state property in the center of Tirana

2025-04-25 12:49:00, Denoncim CNA

Theft and abuse of state property in the center of Tirana

An unprecedented case, how the Xhaferri family became the owners, but also millionaires, of a plot of land that not only did not belong to them, but with many scenarios they managed to get their hands on . Plot in the center of Tirana where one of the most luxurious towers in the city is being built, "The Eye of Tirana". The tower is being built by Armand Lilo, much talked about for his connections with the socialist Fatmir Xhafaj.

This land, with an illegal, abusive, and extremely flagrant decision with Decision No. 1366, dated 02.06.2015 of the Tirana Court of Appeal, composed of a panel of judges :

(1) Fatmira Hajdari (Chairperson);

(2) Egmond Gogu (Member);

(3) Gramoz Levanaj (Member);

 

Two of whom have been removed from the vetting process, Fatmira Hajdari - by dismissal; Gramoz Levanaj - by resignation, Egmond Gogu - by retirement.

Theft and abuse of state property in the center of Tirana

Theft and abuse of state property in the center of Tirana

 

It passed into the ownership of the so-called "Halvetian Islamic Order", which in all legal proceedings was assisted and financially supported by the Xhaferri family - Specifically:

(1) Fatmir Xhaferri;

(2) Liljana Xhaferri - wife;

(3) Mirlinda Xhaferri Heirdon - daughter.

Theft and abuse of state property in the center of Tirana

The "Halvetian Islamic Order" became the owner of a plot of land measuring 1,185 m2, right in the middle of Tirana, where the "EYE OF TIRANA" building is being built today.

Theft and abuse of state property in the center of Tirana

 

The Tirana Court of Appeal, composed of this judicial body, which with malice and abusive intentions denied the KMSH the right to this property, when all the archival documentation proved the opposite.

Theft and abuse of state property in the center of Tirana

 

Historically, this property was owned by the Albanian Muslim Community (AMC).

All archival documents shed clear and pure light on the origin of the property, which belonged and has belonged to the Albanian Muslim Community since 1918.

 

Theft and abuse of state property in the center of Tirana

Theft and abuse of state property in the center of Tirana

Theft and abuse of state property in the center of Tirana

Based on a Memorandum of Understanding No. 4697 Prot., dated 11.12.2015, concluded between the Albanian Muslim Community and the Central State Archives, with the main purpose of digitizing the "Muslim Community" archival fund in the Central State Archives, the KMSH has managed to provide:

 

1. Decision of the Vakf Council no. 85, dated 15.07.1918, on the basis of which the transcript of the property in the Mortgage Register no. 221, dated 20.03.1919, was made. This property is known by the name: Name of the Vakf: “The Graves of Adem Idrizi”, and the borders: On one side the cemetery of Kavaja, on the other side the graves of the Jews; and on two sides the cemetery of the Gastra; Dynym 5: Note Islamic Vakf.

Theft and abuse of state property in the center of Tirana

2. In the archival documents of the AQSH, entitled "List of Clerics and Tekes of Harikat Halveti", for all districts of the country, for the years 1931, 1938, 1942, 1951, 1954. In not a single list, does property owned by the Halveti Sect, in the city of Tirana, appear, named as a 'teke'.

 

3. The Halvetian Order was part of the Muslim Community from its founding until 1967, the year in which the religion was declared illegal by the communist state of that time. This is clearly proven by the Decree of the time no. 4337, dated 13.01.1967, where the Halvetian Order was part of the Muslim Community.

 

- Other documentary evidence produced by the AQSH sheds light on these facts:

 

a) The employees and clerics of Harikat Halveti have been continuously paid from the funds of the Muslim Community (AQSH P.482 V.1951 D.3, Fl.68).

b) The confirmation of Sheh Ali Pazari as the Cleric of the Halveti Order was carried out by the Presidency of the Muslim Community. This is proven by the letter that the Muslim Community of the time addressed to the Ministry of Justice (AQSH P.482 V.1938 D.13, Fl.53-54).

c) Also, the decisions of the Presidency of the Halveti Sect, in order to be valid, had to be approved by the Presidency of the Muslim Community (AQSH P.482 V.1951 D.2, Fl.6-7-8).

d) Another, quite important document sheds light on the simple fact that the Halvetian Sect is part of the Muslim Community (AQSH P.149 V.1937 DV-636, Fl.4).

e) The Statute of the Muslim Community itself expressly provided that the five sects: Halveti; Qadiri; Rifai; Sadi; and Tixhani were administered financially and religiously directly by the Presidency of the Muslim Community (AQSH P.482 V.1951 D.3, Fl.277).

f) Finally, and most importantly in the chronological flow of facts is: The Regulation of the Halveti Sect approved by Decision no. 330, dated 25.04.1951, of the Council of Ministers of the Republic of Albania, which in its article 1 expressly confirms and sanctions "The Halveti Sect depends on the Muslim Community" (AQSH P.490 V.1951 D.659, Fl.2-5).

Theft and abuse of state property in the center of Tirana

In open contradiction to the facts and circumstances, the Tirana Court of Appeal, composed of a plundering judicial body, which has today left in shame, but unpunished by the vetting process, based its decision-making on a so-called "Congress of the Shelers", of August 21, 1921, which from a legal point of view could not have even an effect on the way of administration and ownership of properties, for the simple fact that it could not even prove a legal effect with legal consequences.

Theft and abuse of state property in the center of Tirana

 

The Court of Appeal, without a legal analysis of the facts and circumstances, and in open contradiction with the laws of the time which it should have analyzed and interpreted in the fair resolution of this case , and ignoring the fair resolution which was given through Decision No. 9744, dated 09.10.2014 of the Tirana District Court, made a decision that was clearly illegal, and with very serious financial consequences, both against the Muslim Community and against state property.

So, a blatant financial and economic abuse, robbing the state of a full 1,1850 m2, in the middle of Tirana, in one of the most privileged locations.

Theft and abuse of state property in the center of Tirana

Theft and abuse of state property in the center of Tirana

Theft and abuse of state property in the center of Tirana

 

The arguments that a Sect, and specifically the Halvetian Sect, could not own/own property, are closely related to the nature of the sect itself, known worldwide and internationally in religious annals.

The Tirana Court of Appeal, ignoring the manner of establishing tekkes as places of worship and the issues of their ownership, maliciously misinterpreted Article 40 (Art.40) of the Statute of the Albanian Muslim Community of 1929, which in its Chapter VIII speaks of Muslim endowments, and explicitly stated: “All Muslim endowments are the property of the Community and are administered directly by the General Director.”

Theft and abuse of state property in the center of Tirana

 

In this specific case, all documents from the time prove that we are dealing with a property that was owned by KMSH, proven by the certificate of ownership dated 30.04.1994, issued by Hipoteka Tirana.

In this ownership certificate, properties are listed one after the other, no. 221, 222, 223, 224 and so on, which bear the same transcript date of 20.03.1919 and were located in the same Cadastral area known as the "New Neighborhood of Tirana".

 

This Certificate of Ownership, dated 30.04.1994, issued by Hipoteka Tirana, has a chronological and ordinal flow, which contains the same transcript date 20.03.1919 and clearly evidences that these properties were owned by the KMSH, and their locations, such as in the specific case "Adem Idrizi's tekke", are simply toponyms, indicating where the property is located and not who the owner is, and according to the 1929 Statute, Chapter VIII, Art.40: "All Muslim endowments are the property of the Community and are administered directly by the General Director".

Theft and abuse of state property in the center of Tirana

 

In addition to the Halveti sect; there have been four other sects (1) Qadiri; (2) Rifai; (3) Sadi; and (4) Tixhani, but not one of these has claimed ownership rights over the properties that were owned by the KMSH, to this day.

Why should the Halveti sect have its own property, which was de jure and de facto impossible, according to the entire legal framework of the time???

Based on the documentation presented by the KMSH, in accordance with the law of the time on the restitution and compensation of properties, the following decisions were made:

 

- With Decision no. 345, dated 24.09.2000, the KKKP recognized the right of the KMSH to return the land area of ??3534 m2, which was registered in the Mortgage Register no. 221, dated 20.03.2019, in the name of the KM.

- With Decision no. 1, dated 11.01.2008 of AKKP, the Agency decided that in implementation of Decision no. 459, dated 21.02.1996 and Decision no. 345, dated 24.09.2000, to physically compensate the expropriated entity KMSH, with a land area of ??.185 m2.

- With the Council of Ministers No. 891, dated 19.12.2007 “On the transfer of a state-owned area to the physical compensation fund and its placement at the disposal of AKKP”, it was decided that the area of ??the 1,185 m2 state-owned land with the relevant locations would be transferred to the physical compensation of AKKP. This area will serve for the physical compensation of KMSH, the property recognized by decision No. 459, dated 21.02.1996, and decision No. 345, dated 24.09.2000 of the former KKP Commission, Tirana.

- With DCM no. 1036, dated 14.10.2009 “On the repeal of Decision no. 891, dated 19.12.2007 of the Council of Ministers “On the transfer of a state-owned area to the physical compensation fund and its placement at the disposal of AKKP”.

 

But VKM no. 1036, dated 14.10.2009 “On the repeal of Decision no. 891, dated 19.12.2007 of the Council of Ministers, clearly indicates that the property would be returned to the State.

The relevant institutions that would be responsible for implementing this decision would be: the Ministry of Justice, the Ministry of Interior, the Municipality of Tirana and the Central Real Estate Registration Office.

 

Here, a number of questions also arise:

 

- How did this panel of judges not take into consideration VKM no. 1036, dated 14.10.2009 "On the repeal of Decision no. 891, dated 19.12.2007 of the Council of Ministers  "On the transfer of a state-owned area to the physical compensation fund and its placement at the disposal of AKKP", but continued the trial on a property that was owned by the state?

- How did the Halveti Sect manage to secure ownership of a property for which it did not have a title deed, on what ownership documents did it manage to prove its original title deed ? Was only a decision of the "Congress of the Shelers" of August 21, 1921, that the property belonged to this Sect, sufficient?

- How did the Xhaferri family become the owners of a property that was "state property"?

- How did the Xhaferri family (supporters of the Halvetian Islamic Order) manage to register this property in the ZROPP, Tirana, which is located in the Cadastral Zone with no. 8380, Property no. 2/338, Vol. 28, page 84?

But this property has already passed to the "Xhaferri" family, its members:

 

(1) Fatmir Xhaferri;

(2) Liljana Xhaferri - spouse;

(3) Mirlinda Xhaferri Heirdon - daughter,

 

who, through various companies, created as partners and administrators, have carried out abusive, flagrant, illegal transactions, stealing and robbing a property that is "state property".

 

The “Xhaferri” family, in a dubious agreement with the leader of the “Halvetian Islamic Order”, Sheh “Ali Pazari, managed to conclude the abusive contract for the exchange of real estate, NR.1791, REP. AND NR.582 KOL, DATED 03.04.2017, according to which the party Liljana XHAFERRI, owner of two basement areas, one of which is 260 m2, and the other 220 m2, would be exchanged for the property located in the Cadastral Zone with no. 8380, Property no. 2/338, Vol.28, page 84, with an area of ??1185 m2, with the address Rruga e Kavajës, Certificate of Occupancy with serial no. 145305, dated 21.02.2017.

 

How was it possible that a Tarikat, which is organized and operates on the basis of the Statute approved by Decision No. 236, dated 28.01.1998, of the Tirana District Court, for any legal action related to the alienation or administration of its assets, where approval from the Tarikat Presidency is required, carries out the exchange (alienation of property) only by its leader?  Is it possible for a leader, of this type, to alienate the property of a community without the consent and approval of the collegial bodies?

 

In complete violation of these rules, the Leader of the Order, Sheh "Ali Pazari, transfers ownership to the "Xhaferri" family, and in return he receives only two cellars, proven by the aforementioned Contract, a very suspicious action, which casts a shadow over its illegality?

The questions rightly arise:

1. How can a property with an area of ??1185 m2, in the center of Tirana, be exchanged for two basements, with an area of ??260 m2 and 220 m2?

2. Legally, was this property the property of the Halvetian Sect?

3. Was the legal action of the rock carried out under conditions of fraud, intimidation, or great necessity, by the XHAFERRI Family?

 

What is hidden behind all these illegal actions??? Without a doubt, this is one of the most abusive actions in terms of property treatment and compensation in Albania.

 

The theft of state property, which to this day has not come to light, highlights not only the "decay and corruption over the years" of the judicial power, still unpunished, but also the "endless greed" of the "Xhaferri" family, to steal and appropriate state property .

The "Partizani" file ???? A soap bubble in front of the "Xhaferri" file.

SPAK should investigate the abuse of a property in the center of Tirana./ CNA





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