Appeal confirms the charge of spying on Bedr Shaban and Muharrem Cherim

“REFUZOUS as groundless the complaints of defenders of the accused, Bedri Shaban, av. Loyal R. Berisha and Muharrem Qerim, av. Betim Shala, while the Constitutional Court Act in Pristina-Pristina, Special Department,..., dated 20.04.2025, V TRUE”, says the Appeal's decision, published by “The Justice Act”, broadcast Periscope.

According to Apel's decision, complaints against the foundation decision had submitted lawyers Berisha and Shala, with proposals that the Court of Appeals cast charges against the two indictees.

For such complaints, the Appeals Prosecution has proposed that the same be refused, while the Foundation's decision is confirmed.

Finding the Court of Appeals:

In the second-instance ruling, there are no convincing arguments and there are no legal arguments to drop charges as the Criminal Procedure Code requires.

According to Appeals, the first straight scale has decided when it has proven that sufficient legal-procedure evidence exists to continue with judgment against Shaban and Qreim.

Apel has stressed that based on the subject paperwork, there are now key elements of the criminal acts for which Shaban and Qrim are charged and that all evidence is legally received.

This court has clarified that the provided evidence will be administered during the trial and that the same will be given access to lawyers and indictees who object, presenting their arguments. It says that the court, based on the development of judicial review, will issue meritary ruling on the case.

After that decision, the Foundation is expected to appoint court hearings against Saban and Derim.

The March 5th 2025 session was interrupted at the request of the accused Shaban for additional reading and analysis of the indictment so that it can later be declared concerning guilt.

The Special Prosecutor of the Republic of Kosovo (PSRK) on February 19th 2025 has filed charges against Bedri Shaban and Muharrem Kerim, who charges them with collecting and sending information and documents to Serbian BIA concerning the Kosovo Liberation Army, its superiors and members, the Police, the Kosovo Agency for Intelligence and the Kosovo Police Inspectorate, as well as specific events and objects, including a massacre-that of Recak.

Through these actions, The SPRK says a widespread interethnic conflict on the territory of the Republic of Kosovo was targeted to create a false KLA military hospital with the so-called “The Yellow House” for the alleged organ trafficking and questioning the truth of the massacre.

The Actakuz charges the Shaban Distraction Center. The Qerim, on the other hand, is accused of illegal weapons.

According to the indictment, at the first point Bedri Shaban is charged with having received information, documents and materials related to the Kosovo Liberation Army, including its superiors, and with specific events and objects such as Military Hospital, as well known as BIA. The KLA in the village of Molopolz in Shtime and the Recak massacre.

The incident says that Shaban's data and information in question had been transmitted to BIA senior official Srdjan Rosic, responsible for the Pancevo Regiment, as well as Colonel Bogoljub Janicevic, Serbia's former Police Commander for Ferizaj Regime, during wartime Kosovo, and leader of the police-military operation in the Recak massacre through telephone, electronic communications and physical meetings held on Serbia's territory.

Thus, it is said that with these actions, the accused has seriously endangered and seriously damaged the constitutional legal order and security of the Republic of Kosovo, helping BIA also to create a false Narrative in order to connect the KLA Military Hospital of Transpolent Development with the so-called “Albania's Verde” house in Burrel, as if organ trafficking has been made, as well as questioning the truth of the Recak massacre, calling on BIA official and Bogoljub Janicevic to take operational actions that would trigger a broad interethnic conflict on the territory of the Republic of Kosovo.

Therefore for these actions, Bedri Shaban is tasked with criminal work “Spy” from Article 124, paragraph 3 of Penal Code.

However, at the second point of the indictment, Muharrem Qerimi is charged from 2012 and on and on until his arrest on June 5, 2024, has helped the Republic of Serbia's Intelligence and Security Agency (known as BIA), in the form of collecting and sending information, documents and various materials related to the war and members of the KLA, the names and superiors of the Kosovo Police, AKI, IPK, then the names of the now-known witnesses of Kosovo's Specialised Chambers in The Hague over criminal acts of organised crime, corruption, which information has transmitted to BIA senior official Srdjan Rosic responsible for the Pancevo Regiment through telephone communications and physical meetings he has held on the territory of the Republic of Serbia.

With these actions, the accused Qerim reportedly has seriously jeopardised and damaged the constitutional judicial order and security of the Republic of Kosovo and its citizens.

So for these actions, the Qerim is tasked with criminal activity “Spy” from Article 124, paragraph 3 of Penal Code.

Meanwhile, the third point of the indictment is said to be on June 5, 2024 indictees in the implementation of the Court's warrant for control, found without authorization to a type “gun. Ecol Tuna”, a clip, six rounds, twenty more bullets, with an 1153 inscription, as well as four more clips marked by the semifinal and one round, which are seized by Kosovo Police.

With these actions, Qarim is charged with committing criminal work “retaining ownership, control or unauthorized possession of weapons” by Article 366, paragraph 1 of the Penal Code.