Kosovo’s Court of Appeals has upheld a six-year prison sentence imposed on Hysri Selimi for espionage, rejecting appeals filed by both the Special Prosecution of Kosovo and Selimi’s defense attorney.
In a decision dated October 23, 2026, the appeals court confirmed the ruling issued by the Basic Court in Prishtina’s Special Department on June 15, 2026.
“Appeals filed by the Special Prosecution of the Republic of Kosovo and by the defense attorney of the accused, Hysri Selimi, lawyer Ali Beka, are rejected as unfounded, while the judgment of the Basic Court in Prishtina – Special Department, case No. PS.nr.55/2025, dated June 15, 2026, is upheld,” the decision states.
The Special Prosecution had appealed the original sentence, citing alleged serious violations of criminal procedure and challenging the penalty imposed. It had asked the Court of Appeals to increase Selimi’s prison term.
Selimi’s defense attorney, Ali Beka, had sought to have the conviction overturned and his client acquitted, or alternatively to have the case returned for a retrial. The defense cited alleged errors in establishing the facts, procedural violations, violations of criminal law and issues concerning the sentence.
The Court of Appeals heard arguments on the appeals on October 7 before issuing its decision.
Court cites alleged cooperation with Serbian intelligence
In its ruling, the Court of Appeals said the first-instance judgment did not contain fundamental procedural violations that would justify overturning it.
The court found that the Basic Court’s reasoning was clear and consistent with the evidence presented during the trial.
According to the appeals ruling, the evidence established that Selimi had communicated with officials of Serbia’s Security Intelligence Agency, known as BIA, and shared information concerning former Kosovo Liberation Army (KLA) members, wartime killings, radicalized individuals and people who had participated in the war in Syria.
The decision also states that Selimi traveled to Syria and became involved with the Islamic State (ISIS), allegedly on a mission assigned by BIA to report on the number of ethnic Albanians participating in the organization.
According to the court, Selimi continued communicating with BIA officials after serving a sentence related to his participation in terrorist organizations and repeatedly met with them in Serbia.
The ruling further states that he received payments of up to €700 per month and was provided with smartphones by BIA officials to communicate with them.
These findings formed part of the court’s reasoning for upholding the espionage conviction.
Court rejects defense argument concerning Kosovo intelligence agency
The defense had argued that, after returning from Syria, Selimi acted in coordination with officials of Kosovo’s Intelligence Agency (AKI) and carried out the actions in question under their instructions.
The Court of Appeals rejected that argument, saying it was unsupported by evidence in the case file.
According to the ruling, the investigation began after AKI reported Selimi to the police, following which he was monitored while meeting and communicating with BIA officials.
The court also noted that Selimi had not stated during his questioning by prosecutors that he had cooperated with AKI or had acted under instructions from any of its personnel.
The ruling says Selimi cooperated with the prosecution, acknowledged his cooperation with Serbian intelligence over the years, admitted receiving payments and expressed remorse. However, the court found no evidence that AKI had directed his activities.
Court explains the legal basis for the espionage conviction
The Court of Appeals also addressed the defense’s arguments concerning the legal definition of espionage.
It stated that the offense does not necessarily require the disclosure of classified information. According to the court’s interpretation, the offense can also be established through joining a foreign intelligence service, collecting information or otherwise assisting its activities.
The court concluded that the elements of espionage had been met in Selimi’s case through his alleged cooperation with BIA, the sharing of requested information and his actions under the agency’s instructions.
With both appeals rejected, the six-year prison sentence imposed by the Basic Court in Prishtina remains in force.
