Sixteen Serbian civil society organizations in Kosovo have sent an open letter to the Kosovo Ombudsperson and several international institutions, expressing deep concern over recent deportations of Kosovo Serbs—members of Serbia’s Ministry of Interior—without due legal process.
The letter follows the arrest and subsequent deportation of four out of five Kosovo Serbs detained at different border crossings last week.
The signatories allege that these individuals, who hold dual citizenship, were expelled without trial, proper procedures, or access to legal remedies, in what they describe as a violation of both Kosovo’s Constitution and international human rights standards.
Deportations Without Trial, Legal Remedy, or Constitutional Basis
The organizations stress that the deported individuals have “Kosovan citizenship” and have not been formally stripped of it. Their removal, coupled with a five-year entry ban, occurred without any court decision—contravening the right to a fair trial under Article 6 of the European Convention on Human Rights (ECHR) and the prohibition on expelling nationals under Article 3 of Protocol 4 to the same convention.
They further argue that the decision violates the right to freedom of movement (Article 2 of Protocol 4), the right to effective legal remedy (Articles 6 and 13), and the right to private and family life.
The Kosovo Ministry of Interior has justified the expulsions by invoking Article 24 of the 2014 Law on Citizenship, which allows for the revocation of citizenship for those serving in foreign security forces without prior consent from the Kosovo government.
However, the NGOs warn that this provision was applied arbitrarily, raising fears of politically motivated and selective enforcement in the wake of recent security tensions.
Timing Raises Concerns of Political Retaliation
The deportations occurred just days after the arrest of former KLA member and Kosovo special police officer Arbnor Spahiu in Serbia on June 7, in connection with the September 2023 Banjska incident. As a result, the Kosovo authorities’ actions are interpreted as a possible form of retaliation or political pressure related to Spahiu’s detention.
Kosovo’s acting Interior Minister, Xhelal Sveçla, cited national security concerns and the citizenship law when announcing the expulsions. According to this law, those who serve in the security forces or intelligence services of another state without Kosovo’s approval can lose their citizenship.
NGOs Demand Immediate Action
In their open letter, the 16 NGOs call for 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.
They stress the vital role of domestic and international institutions 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.“
The letter was 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). A legal memorandum outlining the alleged violations was also attached.
Signatory Organizations:
1. Women’s Right
2. NGO Aktiv
3. Center for Affirmative Social Studies – CASA
4. New Social Initiative – NSI
5. Institute for Territorial Economic Development – InTER
6. Advocacy Center for Democratic Culture – ACDCL
7. Center for Peace and Tolerance – CPT
8. Avenija
9. Communication for Social Development – CSD
10. Center for Social Initiatives – CSI
11. Gračanica Online
12. Eco-Medical Group – EMEG
13. HERC
14. Forum for Development and Multiethnic Cooperation – FDMC
15. Humanitarian Center Mitrovica
16. Center for Local Community Development – CRLS
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