EULEX: Freedom of expression and peaceful assembly are fundamental rights that must be protected

EULEX stated that it has taken note of the investigations launched by the Kosovo authorities, namely the Ombudsperson and the Kosovo Police Inspectorate, into allegations of police misconduct during the Vidovdan commemoration at Gazimestan, stressing that freedom of expression and peaceful assembly are fundamental rights that must be protected in accordance with the rule of law and human rights standards.

"We take note of the investigations initiated by the Kosovo authorities, namely the Ombudsperson on allegations of mistreatment and the Police Inspectorate of Kosovo on alleged police misconduct. As already stated by the EU, we would like to recall that freedom of expression and freedom of peaceful assembly are fundamental rights and must be protected in line with the rule of law and applicable human rights standards," EULEX said in a response to Kosovo Online.

It also stressed that any restrictions on these rights should remain exceptional, necessary, and proportionate, in line with the legal and constitutional framework.

In its response, EULEX also noted that it shares any potential shortcomings identified during the monitoring of individual cases with the competent authorities, rather than with the public.

Kosovo Ombudsperson Naim Qelaj launched an ex officio investigation into allegations that individuals arrested during the Vidovdan commemoration at Gazimestan on June 28 were abused by members of the Kosovo Police, based on complaints from citizens, information submitted by various non-governmental organizations, and allegations published in the media.

A day earlier, Kosovo Deputy Ombudsperson Srdjan Sentic announced that the institution had sent official requests to the Kosovo Police and the Kosovo Police Inspectorate seeking all relevant information and documentation necessary to establish the facts regarding the arrest of Serbs at Gazimestan.

An official complaint was also submitted to the Ombudsperson by a group of five civil society organizations, requesting the urgent opening of proceedings, a review of the legality of the police's actions in this case, and the issuance of recommendations to the competent authorities to prevent such practices.

Serbian Ombudsman Zoran Pasalic also called on Kosovo Ombudsperson Naim Qelaj to urgently examine all the circumstances surrounding the detention of Serbs at Gazimestan, while simultaneously addressing international institutions.

Following the memorial service at Gazimestan, the Kosovo Police detained a large number of Serbs, including one minor. At the time, the police stated that those detained had provoked the gathering by shouting provocative slogans containing elements of incitement to hatred, thereby violating legal provisions.

The Basic Court in Pristina imposed a fine of 700 euros on 36 detainees, payable within 15 days, while those who did not possess Kosovo documents were deported from Kosovo and banned from re-entering for three years.