Lawyers: Gazimestan detainees forced to choose between recovering their documents and exercising their right to appeal

Lawyers representing the individuals detained at Gazimestan have stated that their clients were effectively denied the right to appeal because the return of their identity documents was conditioned upon payment of the imposed fines, despite their willingness to challenge the ruling. According to the defence attorneys, the judgment violated their clients' fundamental human rights and disregarded basic legal principles.

Attorney Jovana Filipovic stated that the detainees' rights had been violated because no proper judicial proceedings had been conducted, thereby undermining all of their fundamental rights.

"I must point out that the court's earlier decision ordering the seizure of their documents explicitly stated that the documents were being withheld to ensure their appearance at the hearing and that all personal documents would be returned at the next court hearing when they appeared before the court. However, that hearing never took place. Instead, today the judge simply appeared and delivered the judgment without first hearing the parties to the proceedings," Filipovic said.

She stressed that individuals who were not residents of Kosovo were effectively forced to pay the fines, even though the judgment formally granted them the right to appeal within eight days.

"The judgment stipulated that it would become final and enforceable and that the fine had to be paid within 15 days of becoming final. We could not wait for that because these individuals came to Kosovo only for one day to attend the Vidovdan commemoration and have remained here until today, July 1. They have been wearing the same clothes throughout, they have no money, no means, and no possibility of remaining here until the judgment becomes final if they choose to appeal. For that reason, they were compelled to pay the fine if they wanted their documents returned. One of those involved said today that their documents had effectively been stolen, and that is one way to view the situation because there is no document, no legal basis, and no court order justifying the continued confiscation of their documents or explaining why they were not returned when they appeared at what was supposed to be the next hearing," Filipovic said.

Attorney Milos Nikolic stated that both the judgment and the proceedings had violated the fundamental legal principles and standards on which modern legal systems are based.

"The individuals who were arrested were denied the right to defend themselves because none of them was ever heard by the court. Today they were also denied the right to appeal. The conclusion one inevitably reaches is that they were found guilty simply because they were celebrating Vidovdan. Last year, if we recall, the issue concerned symbols. This year, the issue is that they were singing," Nikolic said.

He added that an appeal would be lodged on behalf of those holding Kosovo-issued identity documents.

"We will file an appeal regarding those individuals from Kosovo who have not paid the fine, and any decision of the Court of Appeals would apply to all those accused. I would also like to draw attention once again to the brutality of the police, as four of the young men were subjected to physical abuse during their arrest. They sustained injuries—one has bruising around his eye, another has injuries to his back. I hope this judgment will be overturned," Nikolic said.

Attorney Nikola Todorovic described the proceedings as highly unusual, noting that the defendants had not been given an opportunity to explain why they considered themselves not guilty.

"This procedure was, to put it mildly, highly unusual, if it can even be described as judicial proceedings at all, because this judgment trampled on every principle of justice and the right to a fair trial. The defendants were not given an opportunity to present their views or their defence during the proceedings. They were merely asked whether they accepted responsibility and whether they pleaded guilty. They stated that they did not, but they should also have been allowed to explain why they were not guilty. The court issued a decision unlike any I have ever seen—a rushed judgment delivered without hearing the parties," Todorovic said.

He added that those who had been ordered to leave Kosovo had also been deprived of the opportunity to appeal.

Following the delivery of the judgment, the Gazimestan detainees who did not possess Kosovo-issued documents paid fines of €700. They are to be deported from Kosovo and have been banned from entering Kosovo for the next three years.