Group of NGOs from the north: Demolitions at Radonjic Lake an attempt to simulate due process

A group of non-governmental organizations from northern Kosovo assessed that the statement by the Djakovica Regional Water Company, which provided a detailed account of the years-long judicial procedure for determining property rights that preceded today's removal of illegal structures at Radonjic Lake, constituted further evidence of the selective application of the law and differing legal standards applied by institutions in the case of Serbs who own structures at Gazivode.

The organizations stated that it was particularly concerning that, in the case of Radonjic Lake, the competent institutions had respected judicial procedures and allowed the owners of the structures to make use of available legal remedies, while in the case of Gazivode, the Ibar-Lepenac company and the Ministry of Environment, Spatial Planning and Infrastructure had given property owners only 15 days to vacate the premises, without a prior court ruling establishing their obligation to do so.

They also pointed out that, according to the chronology published today, the Djakovica Regional Water Company initiated proceedings concerning its property claims as early as 2019 and that proceedings before the Basic Court lasted almost a year, after which the owners of the structures had the opportunity to pursue legal remedies through appeal proceedings before the same court and to seek judicial protection before the Supreme Court.

"By contrast, in the case of Gazivode, Serbian owners of the structures were given 15 days in 2026 to vacate the premises, without their rights and obligations first being determined in judicial proceedings and without being afforded legal protection or access to legal remedies under equal conditions," the statement by the NGOs from northern Kosovo said.

According to the statement, this comparison demonstrates that the competent institutions are familiar with the procedures applicable to the removal of structures and are aware of their obligation to protect the rights of affected parties through appropriate proceedings. Precisely for that reason, the different treatment in the Gazivode case raises serious questions about the selective application of the law and equality before the law.

"Today's statement by the Djakovica Regional Water Company also points to an additional serious problem. According to the chronology provided, the Ministry of Environment, Spatial Planning and Infrastructure received a request in November 2021 for the removal of structures that had previously been determined in court proceedings to have been constructed illegally. However, according to the Water Company's statement, the Ministry considered that request only yesterday, August 18," the NGOs said.

They therefore stated that such institutional negligence in the Radonjic Lake case, which stood in stark contrast to the urgency and unlawfulness with which the demolitions at Gazivode had been carried out, raised suspicions that the sole reason the Environment Minister ordered the demolitions at Radonjic Lake today was an attempt to create the appearance of due process and equal rights for all.

"The detailed statement and chronology presented by the Djakovica water company, however, prove precisely the opposite—at Gazivode, the Ibar-Lepenac company and the Ministry of Environment, Spatial Planning and Infrastructure carried out legal abuse with the assistance of the Kosovo Police, while, unlike the owners of illegal structures at Radonjic Lake, the Serbian owners of structures at Gazivode were denied legal protection and the right to an effective legal remedy," the statement added.

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

Five structures near Radonjic Lake were demolished today after they were found to have been unlawfully built on property belonging to the Djakovica Regional Water Company. The company stated that the demolition had been carried out only after all court proceedings had been concluded.

On the other hand, several holiday homes owned by Serbs at Gazivode Lake have been demolished in recent months, including the Jezero motel, even though legal proceedings are still ongoing. The demolitions continued despite the EU's call on Kosovo institutions to halt them and, in cooperation with affected residents and local authorities, find lawful and sustainable solutions, particularly given that the property claims remain subject to ongoing court proceedings.