File to spy suspects: They have often travelled to Serbia

The Appeals' decision, confirmed by the Constitutional Court, that spying suspects Bedri Shaban and Muharrem Qerim must be placed under the detention measure, under the risk of escape, impact on procedure, witness and evidence, of repeating criminal work, has revealed further details about the actions of suspects.

In this decision, one suspect is described as allegedly changing phone numbers and phone equipment during the conduct of a criminal offense all the time.

To that end, he had also announced to his fellow speakers that he is changing phone numbers and ending them with the sole intention of escaping the investigation.

This circumstance is mentioned in the danger of repeating criminal acts, because according to the court, the liaison of “BIA” has not been managed to arrest and can continue contacts.

The appeal has given the Foundation rights when it estimates that the risk of escape is potential to these suspects, given the weight of criminal acts, because criminal acts have to do with state security.

So, in this criminal case, take into consideration the most pronounced and the fact that we are dealing with a serious and complex criminal offence, the real risk of avoiding prosecution of defendants is apparent” ] in the Apel decision provided by KALLXO.com.

According to Apel's decision, issued on 14,06.2024, lawyers Berisha and Cajtazi's complaints have found them groundless, and has given the Constitutional Court's decision, the Special Department for the appointment of detention measure against two suspects.

What does Apel's decision say?

The Court of Appeals has estimated that the Constitutional Court's act of detention of suspects is fair and legitimate, because, according to this court, there is doubt that the suspects have committed criminal acts based on separate investigative reports, monitoring reports, telephone communications, data from border crossings, reports of raids, sequestries, and other documents.

The danger of escape, according to Apel's decision, is also based on the fact that suspects have often travelled to Serbia, Sarajevo, Macedonia and other countries, where one of the suspects has family members.

Another danger Apel has estimated that suspects should be in custody is that of annihilation, hiding, changing, reporting evidence and preventing the normal course of criminal procedure, of influence of suspects on one another.

“ ...after the investigation into this criminal case is in its initial phase and releases the defendants to freedom, there is a danger that defendants will destroy, hide, alter or forge criminal evidence, or prevent the unneal course of investigations, and separately may influence one another. ” is described further in the decision.

The actions of the suspects connect with each other since, according to Apel's decision, they have common contact with the “official. BIA” and can also influence witnesses, as police are working on identifying some of them that have not yet been identified.

In addition to the risk of escape, the impact on criminal procedure to conceal evidence, the Court of Appeals has estimated there is also the danger of repeating criminal acts because the liaison person of “BIA” has not yet been arrested and communications with it can be repeated if suspects are left in freedom.

The Court of Appeals at the end of its decision has stressed that other measures are insufficient for ensuring the presence of suspects in the procedure, and the detention measure is necessary.

Lawyer Besnik Berisha had demanded that the decision on the security of detention be changed and his client Bedri Shabanit was appointed home arrest measures, while lawyer Ridvan Cajtazi had demanded that his client, Muharrem Qerrim, be released.

The College of the Court of Appeals that ruled on rejection of attorneys' complaints and confirmation of the first degree decision consists of Venus Bytyqi chairman, and members Burim Ademi and Vaton Durguti.

Judge of the preliminary procedure for this case in the first instance is Judge Valon Kurtaj.

Suspect Bedri Shaban was a member of Kosovo Customs until 2004, when he was also fired because of unauthorized communication with mass information tools, and the other with the initials Muharrem Qerim. According to KALLXO.com sources, he was a member of the Kosovo Police by 2011.

The two suspects were found and seized various documents, computers, phones, USB, DVR, tapes, weapons and ammunition, masks, military gascars, as well as many other evidence.

Such additional information about the arrest of two detainees at Ferizaj in 05.06.2024 had revealed Kosovo Police in the 24-hour report.

Police had announced that during the search at the location of the two suspects, these documents and equipment have been seized as material evidence.

What does spying mean and how does it work out in the Penal Code?

In the Criminal Code of the Republic of Kosovo, the criminal act of spying enters within the framework of criminal acts against the constitutional order and security of the Republic of Kosovo.

It ranks in Article 124 of this Code and implies some situations that include: when the state secret is communicated, handed over, or made accessible to the foreign state, the foreign organization, or the person serving them.

According to this, minimum punishment is 5 years in prison, while maximum is 12 years.

This article in his paragraphs envisions other situations and various punishments.

Whoever, for the state or foreign organisation, creates information in the Republic of Kosovo or heads such service, is sentenced to no less than 10 years in prison;

Anyone entering the foreign intelligence service collects information about him or in some other way helps the work of such service is sentenced to no less than 5 years in prison

Anyone who collects classified data or documents in order to communicate and hand over the foreign state, foreign organization, or the person serving them is sentenced to imprisonment of 3 to 10 years.

If such criminal acts are committed and cause serious consequences for the security or military or economic power of the state, the chief is sentenced to prison no less than 10 years.

However, if these criminal acts are committed during wartime, the inevitable risk of war, armed conflict, or the discovery of the state secret concerns the security of the Republic of Kosovo, the chief is sentenced to no less than 10 years in prison or to life imprisonment.

The state secret, according to the Penal Code, for the purposes of this chapter that deals with these works, implies the military, economic, or official records that have been declared as legally classified information or other provisions or decisions of the competent body released in accordance with the law.