The Serbs in the defendant's seat in Kosovo - detention is imposed on them in up to 90 percent of cases

International human rights standards emphasize that detention should be the exception, and prosecutors and the judiciary should be aware that it is the ultimate measure and should not be routinely imposed. However, when it comes to the Serbs in Kosovo, the data show that these principles are not being respected. Specifically, since Albin Kurti's second term as the Prime Minister of Kosovo, starting on March 22, 2021, Kosovo courts have, in cases of the Serbs arrested on charges related to participation in demonstrations and alleged war crimes, ordered detention in 45 out of 50 cases. In other words, in as many as 90 percent of cases.

Detention was only not ordered in two cases of mistaken identity, as well as three hotel workers in Banjska who were detained without any basis after the events of September 24. For all other Serbs who have been arrested in the last two and a half years on the mentioned charges, detention was ordered.

On Wednesday, the OSCE Mission presented a report on compliance with international human rights standards and fair trials in 70 cases throughout Kosovo during 2022 and 2023, which included 96 defendants between January and December 2022 in seven basic courts in Kosovo.

The report states that there is a need to improve the quality of reasoning in prosecution requests, defense submissions, and judicial decisions before imposing detention measures.

The Head of the OSCE Mission in Kosovo, Michael Davenport, stated that "based on monitoring and collected data, we had concerns that the vast majority of filed cases within the prosecution were related specifically to the measure of detention".

"Prosecutors rarely sought less restrictive measures as an alternative. The other issue is that almost all of the prosecution's requests for detention were accepted by the court. According to international human rights standards, detention should be viewed as a last resort," Davenport said during the presentation of the report, adding that the common goal should be a positive change in the judicial system in Kosovo.