The Court of Appeals has affirmed the decision of the Basic Court in Pristina, which had previously upheld the indictment by the Special Prosecution against Bedri Shabani and Muharrem Qerimi for espionage.
Appeals Rejected, Trial to Proceed
“The appeals of the defenders of the accused, Bedri Shabani, lawyer Besnik R. Berisha, and Muharrem Qerimi, lawyer Betim Shala, are REJECTED as unfounded, while the decision of the Basic Court in Pristina-Special Department… dated 20.04.2025, is UPHELD,” states the Appeals Court decision, published by “Betimi për Drejtësi.”
The Appeals Court noted that the initial appeals sought to dismiss the charges against the two accused, but the Appellate Prosecution proposed their rejection and the affirmation of the Basic Court’s decision.
Appeals Court Findings
The second-instance court’s decision states that there are no convincing arguments or legal basis to dismiss the charges as requested by the Code of Criminal Procedure. According to the Appeals Court, the first instance correctly determined that there is sufficient legally and procedurally admissible evidence to proceed with the trial against Shabani and Qerimi.
The Appeals Court emphasized that based on the case file, the essential elements of the criminal offenses for which Shabani and Qerimi are charged exist, and all evidence was obtained lawfully. The Court clarified that during the judicial review, the secured evidence will be administered, and lawyers and the accused will have the opportunity to challenge it by presenting their arguments. The court will then issue a meritorious decision based on the judicial review.
Following this decision, the Basic Court is expected to schedule the trial sessions for Shabani and Qerimi. A session on March 5, 2025, was interrupted at Shabani’s request for additional time to review and analyze the indictment before entering a plea.
Indictment Details: Espionage and Unlicensed Gun Possession
The Special Prosecution of the Republic of Kosovo (SPRK) filed the indictment against Bedri Shabani and Muharrem Qerimi on February 19, 2025. They are charged with collecting and sending information and documents to the Serbian BIA (Intelligence and Security Agency) related to the Kosovo Liberation Army (KLA), its superiors and members, the Police, the Kosovo Intelligence Agency (AKI), and the Police Inspectorate of Kosovo (IPK), as well as specific events and sites, including the Reçak massacre.
The SPRK alleges that through these actions, the accused aimed to provoke a widespread inter-ethnic conflict in Kosovo, create a false narrative linking the KLA Military Hospital to the so-called “Yellow House” regarding alleged organ trafficking, and cast doubt on the truth of the Reçak massacre.
Bedri Shabani is specifically accused under Article 124, paragraph 3 of the Criminal Code for Espionage. The indictment states that from an unspecified date until his arrest on June 5, 2024, Shabani assisted the Serbian BIA by collecting and transmitting information and materials related to the KLA, including its military hospital in Mollopolc village, Shtime, and the Reçak massacre. He allegedly transmitted this data to high-ranking BIA official Sërgjan Rosić, responsible for the Pančevo region, and Colonel Bogoljub Janićević, former commander of the Serbian Police for the Ferizaj region during the Kosovo war and leader of the police-military operation at the Reçak massacre, through phone calls, emails, and physical meetings in Serbia.
Muharrem Qerimi is also charged with Espionage under Article 124, paragraph 3 of the Criminal Code. From 2012 until his arrest on June 5, 2024, Qerimi allegedly assisted the Serbian BIA by collecting and transmitting various information and documents related to the war, KLA members, names of Kosovo Police, AKI, and IPK superiors, as well as names of witnesses known to the Kosovo Specialist Chambers in The Hague regarding organized crime and corruption. He allegedly transmitted this information to BIA official Sërgjan Rosić through phone calls and physical meetings in Serbia.
Additionally, Qerimi is charged with “Unauthorized ownership, control, or possession of weapons” under Article 366, paragraph 1 of the Criminal Code. On June 5, 2024, during the execution of a court search warrant, Qerimi was found in unauthorized possession of an “Ekol Tuna” revolver, a magazine, six cartridges, twenty other cartridges, and four additional magazines, all of which were seized by the Kosovo Police.