Republic of Kosovo
Republika e Kosovës-Republika Kosova
Paneli Zgjedhor për Ankesa dhe Parashtresa
Izborni Panel za Zalbe i Predstavke
Elections Complaints and Appeals Panel
A.no. 365/2019
Elections Complaints and Appeals Panel(ECAP), Panel composed of Judges: Adnan Konushevci
Chairperson, Fejzullah Rexhepi and Faton Ademi members assisted by legal official Fatjona Bekteshi,
deciding on the complaint submitted by political subject Party of Kosovo Serbs (SRB) based in Leposavic
submitted against Serbian List (LS) based in North Mitrovica and “MTS DOO” Company in Mitrovica, due
to the breach of electoral silence on the Early Elections for Assembly of Republic of Kosovo dated on
06.10.2019, at the panel session held on 10.10.2019, made the following :
DECISION
To dismiss as belated the complaint identified with number A.nr.365/2019 dated on 09.10.2019
submitted by political subject Party of Kosovo Serbs (SRB) based in Leposavic submitted against Serbian
List (LS) based in North Mitrovica and “MTS DOO” Company in Mitrovica, due to the breach of electoral
silence.
Reasoning
On 09.10.2019, ECAP has received a complaint submitted by political party Party of Kosovo Serbs (SRB)
based in Leposavic submitted against Serbian List (LS) based in North Mitrovica and “MTS DOO” Company
in Mitrovica which is registered in the system of Republic of Kosovo for telecommunications matters, on
the election day at about 07:45hrs., and 14:08hrs., sent to all MTS Kosovo subscribed users the systematic
text message with the following content “ Serbia calls you to vote. Vote for the Serbian list with number
135” all this in favor of Serbian List in order to direct or influence on citizens on their vote thus acting
contrary to the legal provisions respectively breaching the electoral silence.
Panel, upon preliminary examination of the time limit of the complaint, found that
Complaint is belated
Panel, upon review of the complainant, found that the complaint submitted by the political party Party of
Kosovo Serbs (SRB) against Serbian List (LS) and “MTS DOO” Company in Mitrovica was submitted after
the expiry of legal time limit as provided in Article 5 paragraph 5 of regulation 02/2015 ‘ Rules and
procedures’ which provides that :’ concerning all issues which are not directly linked to the voting and
counting, the complaint shall be submitted at ECAP within 24 hours from the alleged violation” ..Therefore