The Kosovo Appeals Court, on January 20, 2026, approved the appeal of the Special Prosecutor’s Office regarding Jelena Gjukanoviq, overturning the decision of the Basic Court and ruling that evidence obtained from her phone is admissible.
The Special Prosecutor’s Office had requested that the evidence be considered valid, while Gjukanoviq’s defense attorney, Predrag Miljković, had proposed upholding the lower court’s decision. The Appeals Court sided with the prosecution, confirming that the electronically obtained evidence, including data from Gjukanoviq’s phone, can be used in the trial.
The court found that the lower court had misinterpreted Article 103 of the Kosovo Criminal Procedure Code (KPPRK) by declaring the evidence inadmissible. In reality, the search and seizure of electronic devices were carried out under a verbal order from the prosecution, which was later retroactively confirmed by the court in accordance with Article 107 KPPRK.
The Appeals Court emphasized that the examination of electronic devices, including mobile phones, is fully consistent with Article 145(2) of the KPPRK and does not leave any legal gaps. Constitutional protections for individual rights were also not violated.
According to the Appeals Court ruling:
- Evidence obtained from Gjukanoviq’s phone is legally admissible.
- The indictment is supported by credible evidence, and there are no grounds to dismiss it.
- The decision was issued by the panel of judges: Valon Kurtaj (chair), Afërdita Bytyçi, and Ferit Osmani (members).
Charges Against Jelena Gjukanoviq
Gjukanoviq, who pleaded not guilty on September 16, 2025, is accused by the Special Prosecutor’s Office of committing espionage while working for the OSBE mission in Kosovo. She is alleged to have provided sensitive data and documents to the Serbian Intelligence and Security Agency (BIA), communicating with convicted agent Aleksandër Vllajiq.
According to the indictment:
- Gjukanoviq used her position in OSCE to assist BIA’s intelligence activities.
- The information shared concerned constitutional order, institutional security, and internal operations of Kosovo’s institutions.
- She is charged with the criminal offense of “Espionage” under Article 124(3) in connection with Article 77 of Kosovo’s Criminal Code.
This Appeals Court decision is significant as it ensures the prosecution can use electronic evidence in the ongoing case against Gjukanoviq, shaping the next stages of the trial.
