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Republic of Kosovo Republika e Kosoves- Republika Kosova Elections Complaints and Appeals Panel Paneli Zgjedhor per Ankesa dhe Parashtresa Izborni Panel za Zalbe i Predstavke A.nr. 90/2019 Elections Complaints and Appeals Panel (ECAP), Panel composed of Judges: Rrustem Thaqi Chairperson Zyhdi Haziri and Ferki Xhaferi members, with the participation of high legal official Florije Krasniqi, deciding on the complaints submitted by Balkan Investigative Reporting Network BIRN and Internews Kosova and Kosovo Democratic Institute (KDI) submitted against political subject Serbian List (SL) due to the Violation of Code of Conduct during the electoral campaign breach for the Early elections for the Assembly of Kosova which will be held on 06.10.2019, at the panel session held on 27.09.2019, made the following : DECISION To ACCEPT as well-grounded the complaint A.nr. 90/2019 dated 26.09.2019 submitted by Balkan Investigative Reporting Network BIRN Internews and Kosova based in Prishtina and complaint A.nr.94/2019 dated 26.09.2019 submitted by Kosovo Democratic Institute (KDI) based in Prishtina and IMPOSED A FINE in amount of 30,000.00 (three thousand) euros against the political subject Serbian List (SL) due to Violation of Code of Conduct of Election Entities, the supporters and candidates so they are obliged to pay within 15 days from the day this judgment becomes final, under the threat of bailiff. Reasoning On 26.09.2019 ECAP received the complaint A.no.90/2019 submitted by Balkan Investigative Reporting Network BIRN Internews and Kosova based in Prishtina and the complaint A.no.94/2019 submitted Kosovo Democratic Institute (KDI) claiming that Serbian List (SL) has published an election spot, which violates constitutional order and invokes the jurisdiction of another state, namely the state of Serbia, and as such, it incites hatred for the majority community in Kosovo.

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Balkan Investigative Reporting Network BIRN Internews and Kosova v. Serbian List

Judgment

Question Presented: Whether the Serbian List's election spot violated the Election Code such that it incited hatred or violence.

Alleged Acts: The two consolidated complaints submitted against Serbian List state that the election spot including the phrase "When it is difficult, we can win only if we are together, in defense of what is ours, when Serbia call, I give my vote," was intended to encourage violence. However, the Serbia list alleges that the "in defense of what is our's" refers to the ten seats guaranteed to the Serbian minority. Further, Serbian List alleges that the "when Serbia calls, I give my vote" refers to the Brussels agreement and is intended to deter the Serbian community from boycotting the election and otherwise ensure compliance with the Brussels Agreement.

Procedural history: The Balkan Investigative Reporting Network and Kosovo Democratic Institute brought the complaint before the Elections Complaint and appeals Panel.

Summary: The court determined that it need not segment the election spot and instead view it in the totality of the circumstances. The court concluded that the complaint was grounded because the language may incite or provoke the Serbian minority to commit an act of violence, or otherwise cause hatred toward others.

Conclusion: The panel determined that the claim was grounded in sufficient legal backing to be heard.

Legal Issue(s)

Electoral Violence and Intimidation
Social Media

Applicable Law(s): L.G.E. art 32, 118, 120.

Region: Europe and Eurasia

Country: Kosovo

Language of Decision

English

Court: Electoral Court

Election Type: Parliamentary

Date of decision: Sep 27, 2019

Geolocation

Latitude: 42.66767183

Longitude: 21.1706623571036

: Geolocation

Primary Documents

fcytw3_9.pdf
english
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