In May 2019, Mustafa Shahini, a judge at the Administrative Court in Skopje, came under investigation for allegedly abusing his official position in a denationalisation case in which he ruled in favour of family members. Shahini’s decision allowed his relatives to acquire a claimed lakeside area in Struga and additional compensation in bonds. Following an indictment and a trial, Shahini was sentenced in July 2023 to five years in prison. The verdict has been appealed and the case is in the second-instance stage.

Launching its investigation on 2 May 2019, the Basic Public Prosecutor’s Office for Prosecution of Organized Crime and Corruption suspected that between 10 September 2018 and 24 January 2019, Shahini abused his official position and authority. According to the allegations, Shahini, as chairman of the judicial panel, returned a lakeside property to his relatives and unlawfully compensated them in a case in which he had previously served as their lawyer prior to being elected a judge. Despite knowing that his previous involvement required him to recuse himself, Shahini continued to work on the case, failed to inform the president of the Administrative Court, and ultimately issued a judgment in favour of his relatives, breaching multiple laws. Moreover, he neither corrected irregularities in the filed lawsuit nor rejected it and intentionally prevented the State Attorney's Office of North Macedonia from appealing the ruling, which Shahini finalised and made legally binding on 24 January 2019.

The prosecution argues that through these actions, the claimants unlawfully gained ownership of 1,958.49 square metres of undeveloped coastal land in Struga, valued at 12,044,713 denars (€196,000). Additionally, Shahini compensated his relatives with 119,700 denars (€2,000) in denationalisation bonds. Overall, this amounted to an illegal gain totalling 12,164,413 denars (around €200,000) to the detriment of the property and interests of North Macedonia. Along with the launch of the investigation, the Public Prosecutor's Office proposed detention measures for Shahini. Additionally, the contested real estate was temporarily seized by a decision of the Basic Court in Struga.

In May 2019 when the investigation was launched, Shahini was suspended by the Judicial Council, which revoked his immunity as a judge of the Administrative Court. However, the prosecution's request to place him in custody was rejected. Furthermore, in September 2019, at Shahini’s request, the judicial authorities extended his mandate as a judge for two years, abiding by the presumption of innocence.

On 5 December 2019, the prosecutor’s office issued an indictment against Shahini. The indictment confirmed the previous allegations, charging Shahini with abuse of office in connection with the denationalisation case. It was established that Shahini had represented his relatives in the case in 2007 and deliberately concealed that information, and that compensation had already been paid when the state originally expropriated the land, making it legally impossible to return the property. The indictment contended that Shahini failed to recuse himself or disclose his prior involvement in the case when the incriminating lawsuit was assigned to him. Instead, Shahini took on the case, committed several irregularities, obstructed the possibility of an appeal, and ultimately returned the land to his relatives with additional compensation in bonds.

It was also revealed that just 10 days after the ruling, Shahini's relatives sold the land to an acquaintance of Shahini. According to the prosecutor's office, these actions resulted in approximately €200,000 in damages to the state budget.

The indictment formally charged Shahini with "abuse of official position and authority" under Article 353 of the Criminal Code. Additionally, it detailed that Shahini's actions contravened the Law on Administrative Disputes, the Law on Civil Procedure, and the Law on the Protection of Lake Ohrid, Prespa and Dojran. On 2 July 2020, the indictment was approved in its entirety by the court.

On 15 October 2020, Shahini was dismissed by the Judicial Council for unprofessional and negligent conduct. The trial, expected to start at the beginning of 2021, faced multiple delays due to COVID-19 -related issues and absences of some of the parties involved. The trial finally began two years after the indictment was filed. The state attorney from Struga was one of the key witnesses for the prosecution.

On 19 July 2023, the Basic Criminal Court in Skopje issued a first-instance verdict sentencing Shahini to five years in prison for abuse of official position and authority.

Criminal proceedings against members of the judiciary are uncommon and, in the past, have often been hindered by veiled protection from judicial councils. Therefore, the prospect of a definitive judgment in this case represents a significant development.