Pasalic: Every allegation of human rights violations against Serbs in Kosovo and Metohija should be carefully examined

Serbia's Ombudsman Zoran Pasalic said that the recurrence of incidents in which members of the Serbian community in Kosovo are victims requires a serious investigation by all institutions, including an examination of whether there is a pattern of violations of their rights and whether the possible ethnic dimension of such incidents is being adequately recognized and recorded.

In a written response to Kosovo Online, the Ombudsman said it was important to highlight the seriousness of the situation of Serbs in Kosovo and the need for every allegation of human rights violations against them to be examined carefully and impartially.

„The Ombudsman would not prejudge the nature of each individual incident or confirm a specific number without reviewing the methodology used to establish it, but neither would it downplay the problem. On the contrary, the recurrence of incidents in which members of the Serbian community are victims requires a serious investigation by all institutions, including an examination of whether there is a pattern of violations of their rights and whether the possible ethnic dimension of such incidents is being adequately recognized and recorded“, the response states.

It adds that the fact that an incident has not been recorded as ethnically motivated does not in itself mean that such a motive has been ruled out.

„Therefore, it is necessary for the competent authorities, when recording and addressing incidents, to also consider the possible ethnic dimension of each incident, and for data to be collected in an appropriate manner that allows the actual situation to be assessed reliably. More specifically, at the time of the initial recording, it does not have to be proven that the motive was ethnic. The objective facts and circumstances that may indicate bias should be recorded, for example, ethnic slurs or messages, symbols and graffiti, the choice of the victim, the circumstances and location of the incident, statements by the perpetrator, as well as the perception of the victim or witnesses. An important element is tracking the case through the system: what the police did, whether the case was referred to the prosecution, how it was subsequently classified, and what the outcome was. Particular attention should be paid to how many recorded incidents reach the prosecution and how many are ultimately classified as racist or ethnically motivated offenses“, the Ombudsman's response states.

It adds that each individual case therefore needs to be recorded and documented, while reliable data should make it possible to identify the frequency of patterns of violations affecting members of a particular ethnic community.

„The Ombudsman has previously drawn the attention of international institutions to the situation and protection of the rights of Serbs in Kosovo and Metohija, sending communications to 106 adresses. This year, the Ombudsman informed international institutions and human rights organizations about the events at Gazimestan and allegations of inappropriate treatment of participants in the Vidovdan commemoration. The institution has previously also alerted international mechanisms to the situation and protection of the rights of Serbs in Kosovo and Metohija. Such action forms part of the Ombudsman's continuing priorities to, within the scope of his mandate, draw attention to human rights violations and seek an appropriate response from international mechanisms“, the response concludes.