Open letter from NGOs in Kosovo: We call for an independent investigation and legal review of the deportation of Serbs

Civil society organizations operating within the Serbian community in Kosovo have spoken out in response to recent actions by Kosovo’s Ministry of Internal Affairs, which has carried out a series of deportations of Kosovo citizens of Serbian nationality who have permanent residence in Kosovo. They are calling for an independent investigation and a legal assessment of the lawfulness of these acts.

An open letter from dozens of non-governmental organizations was published today on Facebook and addressed to the Kosovo Ombudsperson Institution, the Council of Europe Office in Kosovo, the EU Office in Pristina, the Office of the UN High Commissioner for Human Rights (OHCHR), the OSCE High Commissioner on National Minorities, UNMIK, and the human rights organization Civil Rights Defenders.

“Civil society organizations operating within the Serbian community in Kosovo are addressing you with deep concern over recent actions by the Ministry of Internal Affairs of Kosovo, which has carried out a series of deportations of Kosovo citizens of Serbian nationality with permanent residence in Kosovo. In all cases, these individuals hold dual citizenship, i.e., in addition to Kosovan citizenship, they also have citizenship of the Republic of Serbia, which is permitted by the Constitution and the law in Kosovo. According to publicly available information, the Ministry justified its decision by invoking Article 24 of the 2014 Law on Citizenship, which allows for the revocation of citizenship for those who, without prior approval from Kosovo, serve in foreign security structures,” the statement says.

The letter adds that, in this regard, the NGOs express "serious concern about the way this provision was applied."

“None of the affected individuals were formally stripped of their Kosovo citizenship beforehand. Although they are citizens of Kosovo, their expulsion without a court decision constitutes a direct violation of the Constitution and international conventions guaranteeing the right to a fair trial (Article 6 of the European Convention on Human Rights) and prohibiting the expulsion of one’s own citizens (Article 3 of Protocol 4 to the European Convention on Human Rights). In addition to the unlawful loss of citizenship, these individuals have been banned from entering Kosovo for an extended period without trial or a final court decision, thereby violating their right to freedom of movement, contrary to Article 2 of Protocol 4 to the European Convention on Human Rights. The procedures were carried out without an effective legal remedy with suspensive effect, which is contrary to the rights guaranteed by Articles 6 and 13 of the European Convention on Human Rights,” the letter states.

It also highlights other contentious aspects, including the fact that “the application of the law followed immediately after a political-security incident, further reinforcing the impression of a politically motivated and selective application of the law, without individual assessment in each case.”

“The deportations have serious consequences for the families and communities of these individuals, thereby also infringing on the right to family and private life, as guaranteed by Article 8 of the European Convention on Human Rights. Attached to this letter is a legal memorandum containing excerpts from international human rights conventions, which are part of Kosovo’s legal framework, as well as the Constitution of Kosovo,” the letter says.

The NGO representatives demand “the initiation of an independent investigation and a legal assessment of the deportations carried out, examination of potential human rights violations of the affected citizens, and the issuing of recommendations to competent institutions to halt this practice and prevent similar cases in the future.”

“We believe that the institutions and organizations we are addressing play a key role in protecting the rule of law and human rights in Kosovo, particularly in the context of politicization and the erosion of constitutionally guaranteed rights of non-majority communities,” the statement concludes.

The open letter was signed by the following organizations: Women's Rights (Zensko Pravo), NGO AKTIV, Center for Affirmative Social Actions – CASA, New Social Initiative – NSI, Institute for Territorial Economic Development – InTER, Center for Advocacy of Democratic Culture – ACDC, Center for Peace and Tolerance – CPT, Avenija, Communication for Social Development – CSD, Center for Social Initiatives – CSI, Gracanica Online, Eco-Medical Group – EMEG, HERC, Forum for Development and Multiethnic Cooperation – FDMC, Human Center Mitrovica, and Center for Local Community Development Mitrovica – CRLS.