Date: June 18, 2025
North Mitrovica
Addressed to: Ombudsperson Institution of Kosovo, Council of Europe Office in Kosovo, EU Office in Pristina, The High Commissioner for Human Rights (OHCHR), The OSCE High Commissioner on National Minorities (HCNM), UNMIK, and human rights organization (Civil Rights Defenders)
Dear Sir/Madam,
Civil society organizations working within the Serbian community in Kosovo are addressing you with deep concern regarding recent actions by the Ministry of Internal Affairs of Kosovo, which has carried out a series of deportations of Kosovo citizens of Serbian ethnicity with permanent residence in Kosovo. In all cases, these individuals hold dual citizenship — in addition to Kosovan, they also possess citizenship of the Republic of Serbia — which is permitted under both the Constitution and applicable laws in Kosovo.
According to publicly available information, the Ministry has justified its actions by invoking Article 24 of the Law on Citizenship (2014), which allows for the revocation of citizenship from individuals who, without prior approval from Kosovo authorities, serve in foreign security structures.
In this regard, we express our serious concern over the manner in which this provision has been applied:
● None of the affected individuals were formally stripped of their Kosovan citizenship prior to deportation. Despite being citizens of Kosovo, they were deported without a court decision, constituting 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 nationals (Article 3 of Protocol No. 4 to the European Convention on Human Rights).
● In addition to the unlawful deprivation of citizenship, these individuals were also banned from entering Kosovo for an extended period, without a trial or a final courtjudgment, thereby violating their right to freedom of movement, guaranteed under Article 2 of Protocol No. 4 to the European Convention on Human Rights.
● These actions were carried out without providing effective legal remedies with suspensive effect, contrary to the rights guaranteed under Articles 6 and 13 of the European Convention on Human Rights.
● The law was implemented in the aftermath of a politically and security-sensitive incident, further reinforcing the impression of politically motivated and selective enforcement of the law, void of any individual assessment of each case.
● The deportations have caused serious consequences for the families and communities of those affected, infringing upon their right to private and family life, guaranteed pursuant to Article 8 of the European Convention on Human Rights.
Attached to this letter is a legal memorandum containing excerpts from the international human rights instruments that form part of Kosovo’s legal framework, as well as relevant provisions of the Constitution of Kosovo.
We request the following:
1. Launching an independent investigation and assessment of legality of the conducted deportations;
2. Examining potential violations of human rights of affected citizens;
3. Recommending competent institutions to cease this practice and prevent similar future cases.
We believe that the institutions and organizations we are addressing have a key role in upholding the rule of law and human rights in Kosovo, particularly in the context of increasing politicization and revoking of constitutionally guaranteed rights of non-majority communities.
Respectfully,
1. Žensko Pravo (Women’s Rights)
2. NGO AKTIV
3. Centar za Afirmativne društvene studije – CASA (Center for Affirmative Social Studies – CASA)
4. Nova društvena incijativa – NSI (New Social Initiative – NSI)
5. Institut za teritorijalni ekonomski razvoj – InTER (Institute for Territorial Economic Development – InTER)
6. Centar za zastupanje demokratske kulture – ACDC (Advocacy Center for Democratic Culture – ACDC)
7. Centar za mir i toleranciju – CPT (Center for Peace and Tolerance)
8. Avenija (Avenue)
9. Komunikacija za razvoj društva – CSD (Communication for Social Development – CSD)
10. Centar za socijalne incijative – CSI (Center for Social Initiatives – CSI)
11. Gračanica Online
12. Ekolosko-medicinska grupa – EMEG (Eco-Medical Group – EMEG)
13. HERC
14. Forum za razvoj i multietničku saradnju – FDMC (Forum for Development and Multiethnic Cooperation – FDMC)
15. Humani centar Mitrovica (Human Center Mitrovica)
16. Centar za razvoj lokalnih sredina Mitrovica – CRLS (Center for Local Community Development – CRLS)
ANNEX
International and Constitutional Standards Relevant to the Deportation of Kosovo Citizens
1. European Convention on Human Rights
o Article 6 – Right to a fair trial
o Article 8 – Right to respect for private and family life
o Article 13 – Right to an effective remedy
o Article 2. Protocol No. 4 – Freedom of movement
o Article 3. Protocol No. 4 – Prohibition of expulsion of nationals
2. Universal Declaration of Human Rights (UN, 1948)
o Article 15 – Right to a nationality and prohibition of arbitrary deprivation of nationality
3. International Covenant on Civil and Political Rights (ICCPR)
o Article 12(4) – No one shall be arbitrarily deprived of the right to enter their own country
o Article 17 – Protection of privacy and family life
4. Constitution of Kosovo
o Article 22 – Direct Applicability of International Agreements and Instruments
o Article 53 –Obligation to interpret human rights in accordance with the case law of the European Court of Human Rights
5.Directive 2008/115/EC on Return (EU standard)
Although Kosovo is not a member of the EU, Directive 2008/115/EC represents a relevant European standard applicable in cases of forced removal and may serve as a
framework for the protection of human rights. Key elements of the Directive:
o Every individual subject to deportation must be clearly informed of the reasons and their right to legal remedy.
o An appeal against deportation must have suspensive effect, especially if there is a risk of breach of fundamental rights.
o Decisions must be made on an individual basis, not collectively or automatically.
o The principles of proportionality and protection against arbitrary actions must be upheld, in line with fundamental rights.
