Belgrade called on UNMIK to prevent unlawful indictments against Serbs involved in 2022 barricades

Belgrade has sent a letter to UNMIK, urging the mission to take all necessary measures, based on the Memorandum of Understanding between Interpol and UNMIK, to ensure that all investigations, interrogations, indictments, or arrests related to the peaceful protests and barricades of 2022 are immediately halted, Kosovo Online has learned.

UNMIK is expected to act in order to align the situation on the ground with the assurances given by the authorities in Pristina to the European Union and the United States in 2022, specifically regarding the non-prosecution of individuals for participating in peaceful protests and barricades.

In the letter, Belgrade refers to the Joint Statement issued on behalf of the EU and the US on December 28, 2022, which stated that the EU and the US “welcome the assurances from Kosovo’s leadership confirming that there are no arrest or prosecution lists for Kosovo Serb citizens for participation in peaceful protests/barricades.”

Participation in peaceful protests, it is emphasized, constitutes the exercise of the guaranteed right to freedom of peaceful assembly. Therefore, the initiation of criminal proceedings against Serbs who took part in the protests represents a grave violation of fundamental rights and freedoms, as outlined in Article 21 of the International Covenant on Civil and Political Rights and Article 11 of the European Convention on Human Rights.

The letter also underscores that any attempt to process arrest warrants through Interpol would directly violate several provisions of Interpol’s Constitution, which strictly prohibits the organization from engaging in any activities of a political, military, religious, or racial character.

On June 18, the Basic Court in Pristina approved a request by the Special Prosecutor’s Office to issue local and international arrest warrants for 11 Serbs as part of investigative proceedings related to setting up the barricades in four northern municipalities in 2022.

The question of whether the EU and US guarantees given to Belgrade in December 2022 – namely, that there would be no arrest or prosecution lists for Kosovo Serbs who took part in peaceful protests – still hold, was explored in Kosovo Online’s analysis: “Serbs on wanted lists over barricades: How much is the word of the EU and US State Department worth?”