The role of the Kosovo Police during the entry of representatives of the public water management company “Ibar-Lepenac” into the Rezala camp raises serious questions regarding the legal basis, procedures, and scope of police actions and operations in Serb-majority communities in northern Kosovo.
Bearing in mind previous cases in which the actions of the police and other institutions raised concerns regarding the existence of appropriate warrants or authorizations issued by competent judicial authorities, it is necessary to establish whether the Kosovo Police, while operating in the Rezala camp, possessed a court order, an enforcement decision, or another act issued by a competent authority authorizing entry into private facilities, their search, or the removal of movable property.
According to information available to the public, entry into the camp was carried out without prior notification and without the presence of the owner, while no court order or other enforcement document has been presented to the public. Therefore, we call on the Kosovo Police to publicly and precisely explain on the basis of which legal act it provided assistance to representatives of the “Ibar-Lepenac” company, and to clarify whether there was a court order authorizing the specific actions undertaken at the camp.
We also call on EULEX, the OSCE, and other international organizations that support the development of the Kosovo Police’s capacities to review this and similar cases within the scope of their mandates and to publicly assess whether the actions of the police were in accordance with the principles of the rule of law, the protection of private property, and the standards of police conduct in democratic societies.
We particularly note that a large number of private facilities around Lake Gazivode, as well as in other parts of Kosovo, may be in a similar legal and property-related situation. Therefore, it is important that all ambiguities and disputes be resolved exclusively through judicial and enforcement procedures prescribed by law, with full respect for the rights of property owners and users. Otherwise, establishing a practice of resolving property disputes without clear judicial oversight could undermine legal certainty and the property rights of a large number of citizens.
Signatories:
Institute for Territorial Economic Development (InTER)
Center for Affirmative Social Actions (CASA)
New Social Initiative (NSI)
Aktiv
