03.07.2026. » 13:45 | ACDC
PRESS RELEASE Regarding the Commemoration of Vidovdan 2026
Regarding the actions of the Kosovo Police before and after the 2026 Vidovdan commemoration at Gazimestan on 28 June 2026, as well as the judgment of the Basic Court in Pristina finding several individuals responsible for the alleged misdemeanor of "arrogant behaviour" under Article 4, paragraph 3 of the Law on Public Order and Peace, the undersigned civil society organizations express their concern over serious allegations of violations of human rights and fundamental procedural guarantees, from the conduct of the police to the manner in which the judicial proceedings were conducted.
While securing the religious gathering at Gazimestan, the Kosovo Police systematically searched individuals attending the Vidovdan commemoration, conducted detailed inspections of personal belongings, confiscated various items and, according to available information, selectively prevented the bringing in of Serbian national and religious symbols. Such practices raise serious concerns that they may constitute disproportionate and discriminatory restrictions on the right of members of the Serbian community to freely express their national, cultural and religious identity. It is particularly concerning that these practices have been repeated for years despite calls by the embassies of the Quint countries and international missions to respect the constitutional rights of all communities to use their national and religious symbols.
We are also concerned by allegations made by detained individuals regarding physical and psychological abuse by certain police officers and call upon the Kosovo Police Inspectorate to conduct a prompt, impartial and effective investigation into these allegations.
The right to preserve and publicly express one's identity is guaranteed by Articles 24 and 58 of the Constitution of the Republic of Kosovo, as well as Articles 9, 10 and 14 of the European Convention on Human Rights and Articles 18, 19, 26 and 27 of the International Covenant on Civil and Political Rights.
All persons detained on 28 June had their identity documents confiscated, which were not returned even by the time the judgment was delivered, despite the court having ordered their return. Foreign nationals were required to pay the imposed fines immediately in order to recover their identity documents and to be allowed to leave Kosovo, despite the fact that the judgment had not yet become final, effectively depriving them of the opportunity to exercise their right to appeal.
According to publicly available information, after the defendants entered pleas of not guilty, no evidentiary proceedings were conducted. Neither the defendants, police officers nor any other witnesses were heard, and at the following hearing the court proceeded directly to impose fines of 700 EUR, without hearing any evidence.
Such conduct amounts to a denial of the right to an effective defence and to an effective legal remedy. Furthermore, there was no individualization of liability, as the judgment relied on general descriptions of conduct without establishing the specific actions attributable to each defendant.
In our view, treating the acts of chanting "Kosovo–Serbia" and raising three fingers as a public order offence is inconsistent with the position adopted by the Supreme Court of Kosovo in Case No. 2019:139894, which, relying on the case law of the European Court of Human Rights, held that freedom of expression encompasses the right to express personal views provided that such expression does not amount to incitement to violence.
These circumstances raise serious concerns regarding the rights guaranteed under Articles 31 and 32 of the Constitution of the Republic of Kosovo, Article 6 of the European Convention on Human Rights and Article 14 of the International Covenant on Civil and Political Rights.
As organizations committed to the rule of law and the protection of human rights, we call upon the competent authorities, judicial institutions, independent human rights institutions, and international missions to examine the lawfulness of the actions of the Kosovo Police and the court, and to ensure equal protection of the rights of all individuals without discrimination on the grounds of ethnicity or religion.
Signatories:
- Advocacy Center for Democratic Culture (ACDC)
- New Social Initiative (NSI)
- AKTIV
- Institute for Territorial Economic Development (InTER)
- Center for Affirmative Social Actions (CASA)
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