Civil society organizations from the north: Demolitions at Gazivode must be stopped, institutions must explain the legal basis for their actions

Five civil society organizations from northern Kosovo have called for an immediate halt to further demolitions of buildings in the Gazivode Lake area, as well as the publication of all decisions, inspection reports and the legal basis for police assistance, together with evidence that property owners were allowed to exercise their legal remedies.

The organizations also called on the competent institutions to open direct dialogue with the property owners, and urged international missions and diplomatic missions in Kosovo to become actively involved in finding a solution.

In a joint statement, they said that, according to the information available to them, in none of the cases had property owners been served with a decision by the competent authority ordering the demolition. Instead, they received only notices from the public company Ibar-Lepenac.

"Such a notice cannot replace a formal decision issued by the competent judicial, inspection or administrative authority, against which the owner may file an appeal or use another legal remedy," the statement said.

The organizations recalled that the Law on General Administrative Procedure establishes the principles of legality, proportionality and the right to a legal remedy, while the Construction Law regulates inspection oversight and the removal of structures. They stressed that if no decision by the competent authority exists, the institutions must explain the legal act on the basis of which the demolitions were carried out.

They said it is particularly concerning that the police are providing assistance during the demolitions even though the owners have not been served with decisions issued by the competent authorities.

"Police assistance cannot replace a decision by the competent authority, nor can it itself create a legal basis for demolition. The institutions must explain on the basis of which enforceable act the police are intervening and who issued the order for their deployment," the statement said.

The organizations also warned that some buildings are being demolished while court proceedings initiated by their owners are still pending, citing the example of the Jezero motel, which was demolished despite a hearing before the Basic Court in Mitrovica being scheduled for August 12, 2026.

"Demolishing a building before the conclusion of court proceedings may render judicial protection meaningless and make any favorable judgment practically unenforceable, thereby calling into question the right to effective judicial protection and an effective legal remedy," the statement said.

The signatories also raised the issue of proportionality and legitimate expectations, noting that many of the buildings have existed for decades, that significant investments have been made in them, and that there had previously been no inspection warnings or removal orders.

The organizations pointed out that the European Court of Human Rights, in the case of Hamer v. Belgium, found that the long-term tolerance of a structure by the authorities may be relevant when assessing the existence of a legitimate expectation and the proportionality of a subsequent demolition. They added, however, that the Court does not consider such tolerance in itself to legalize illegal construction.

"Given that some of these buildings are homes where people actually live and that they are several decades old, their demolition constitutes interference with the right to respect for one's home under Article 8 of the European Convention on Human Rights. Protection of the home under the Convention does not depend solely on whether the building is formally legal, but also on the person's genuine and continuous ties to that place. The European Court has specifically emphasized that, when demolishing a home, an individual assessment of proportionality must be carried out, including the consequences the demolition would have for the individual concerned and their family," the statement said.

The organizations also argued that if the demolitions are being justified on the grounds of water protection, the institutions must demonstrate the specific risk posed by each individual structure and explain why less restrictive measures, such as addressing wastewater issues, would not be sufficient. They also noted that some demolished buildings are not located directly on the lakeshore.

The organizations called for equal application of the law, pointing to cases involving buildings at Batlava Lake and in the Sar Mountain National Park, where owners exercised their right to legal remedies and demolitions were suspended pending the completion of court proceedings.

"We demand an immediate halt to further demolitions, the publication of all decisions, inspection reports and the legal basis for police assistance, as well as evidence that property owners were allowed to exercise legal remedies and that an individual proportionality assessment was conducted," the statement said.

The organizations called on the competent institutions to open direct dialogue with property owners, while urging international missions and diplomatic missions in Kosovo to become actively involved in finding a solution that simultaneously protects legality, the public interest, the environment and the rights of property owners.

The statement was signed by the Advocacy Center for Democratic Culture (ACDC), New Social Initiative (NSI), AKTIV, the Institute for Territorial Economic Development (InTER), and the Center for Affirmative Social Actions (CASA).