The case of spying on the OSCE official, Apel proclaims acceptable evidence of finding her phone

The complaint to the Foundation's decision has been filed by the Special Prosecution, demanding that Djukanovic's defender, lawyer Predrag Miljkovic, have already proposed that this decision be confirmed.

Meanwhile, Prosecutor Appeals has proposed the same as the special one so that evidence provided by Djukanovic's phone can be taken as acceptable evidence.

According to Apel's decision, the prosecution's complaints are based on the fact that the first instance court has wrongly come to the conclusion that these evidence should be declared unacceptable.

The appeal has stressed in the decision that the first instance has wrongly come to the conclusion that evidence provided by the examination of these devices is contrary to Article 103 and 251 of the Republic of Kosovo Criminal Procedure Code (KPPRK), respectively, that they are unacceptable.

The appeal has found that Article 103 was wrongly interpreted by the first degree in the fact that in the concrete case of the defendant's residence, it was done by verbal order of the prosecution, which later requested confirmation of the order, in which it received the court's retroactive confirmation regarding the legitimacy of the investigation and evidence provided during it.

This confirmation was made by the judge of the preliminary procedure and the one in line with Article 107 of the KPPRK, for the reasons for the controlled check, as in Article 108 of the KKP.

The appellate has found that in the concrete case of check-in has been confirmed with retroactive confirmation of the court and with the rulings of the date 03.03.2025, where the evidence provided during the search, including electronic devices (cell phones), has been secured on the basis of a judicial decision to confirm retroactive.

Always according to Apel at Article 103 The KKPPRK's (regulated) control and sequential of specified evidence and property, but does not regulate the examination of electronic evidence containers, respectively.

According to Apel, Article 145 paragraph 2 of the KKPK has been incorrectly implemented by the first degree of this, since it has enabled the prosecutor to authorize police or expert to examine, analyse the required information or data within computer equipment, electronic equipment for storage or similar equipment, which also implies the analysis of telephone equipment seized by Djukanovic.

Regarding Article 36 of the Constitution of the Republic of Kosovo, according to Appeal, in the concrete case of testing computer equipment, electronic equipment and similar equipment, it is regulated with the provisions of Article 145 of the KPRK and that the law contains no legal gaps in the report, respectively, with the examination of electronic devices, including mobile phones.

Therefore, the Kosovo Court of Appeals' Penal College also estimates that in the concrete case of this procedure stage, the evidence is that the evidence is acceptable and taken in line with legal provisions, the prosecution is based on substantial supporting evidence and there are no circumstances for dropping the indictment.

The judge's college has this makeup: Valon Kurtaj-Chior of the College, Aferdita Bytyci of Ferit Osmani, college members

The accused Djukanovic was declared innocent on September 16th 2025.

Otherwise, the Special Prosecutor of the Republic of Kosovo (PSRK) on September 2nd 2025 has filed charges against Jelena Djukanovic, who is charged from the indefinite and ongoing date until the moment of her arrest, on February 28, 2025, in the quality of the mission's local official The SBE in Kosovo, near the Regional Office in Mitrovica, the National Programme's <x1 sector office at the Regional Centre in Mitrovica”, fully and knowingly, has committed repeated actions that provide active assistance to information activity of the Republic of Serbia's Agency for Intelligence and Security (known as BIA), offering data, documents and sensitive information provided during the exercise of its official task under the OSCE mission's activity, this was accomplished through much now condemned communication with the criminal operation of the expert, the new agent, the Lisif, Alexander.

The Actakuz says Djukanovic has forwarded documented information directly related to constitutional order, institutional security and internal activity of institutions of the Republic of Kosovo, which information was then transmitted to top BIA officials, BIA's responsibility for the Novi Pazar region in Serbia and BIA in Belgrade.

Always according to the indictment, accused through influence and influence, from the position held in the OSCE, and the directives it has received from now on for spying on Aleksander Vlasic and BIA officials, during the official meetings and drafting of OSCE reports, for reflecting the political and security situation in Kosovo, has contributed to the creation of a hostile juncture to the institutions of security, citizenship and integrity of the Republic of Kosovo, thus through these deliberate actions, accused of seriously affecting constitutional order and national security and putting the lives of personal safety and security of state officials, such as international citizens of the country and the O's mission of O. The SEU in Kosovo.

By that, Jelena Djukanovic is accused of committing criminal work “Spying” by Article 124, par.3 concerning Article 77 of the Penal Code of the Republic of Kosovo.

The Organisation for Security and Co-operation in Europe (OSBE) is an international organisation that deals with security, democracy and human rights, which through its mission has an official presence and headquarters in Kosovo as well as Kosovo, reports Betimiper Justice, broadcasts Periscope.