In this spot it is also stated that: 'When it is difficult, we can win only if we are together, in
defense of what is ours, when Serbia calls, I give my vote'. So, the submitters of this
complaint mention that the Serbian List's post has messages that incite provocation and
hatred towards the existence of the state of Kosovo and violates Law on General Elections.
The complainant has attached a CD as material evidence.
Panel, based on Article 13 paragraph 2 of ECAP Regulations and Procedures, has decided
to aggregate the above complaints and treat them as one complaint, due to the same nature
of the cases and allegations, and to decide on all of them by one decision due to the
efficiency and cost-effectiveness of the procedure.
ECAP pursuant to Article 7 paragraph 1 of Rules and Procedures of ECAP notified the
political subject Serbian List concerning the complaint submitted against this entity and
required for a response concerning the complaint/s in question until 27.09.2019 at 10:00hrs.
The political subject Serbian List, in the response to the complaint dated 27.09.2019
mentioned that the submitted that considers the allegations in the complaint ungrounded
because the video spot was prepared in order so the majority number of citizens of the
Serbian nationality with the right to vote in Kosovo to go out and vote in accordance with
Law on General Elections and that in the whole spot there is not provocation or call for
violent acts. Political entity Serbian List is the political subject which competes for 10 Serb
minority seats belonging to the Serb community, in accordance with Article of the
Constitution. So this video - this spot can never be directed against other communities but
it is calling ‘ in defense of what is ours’, which means those 10 seats the guaranteed for
representation of Serbian community and which right is guaranteed pursuant to Article 64
of the Constitution of Kosovo and LGE. Thus, it only applies to the Serb community
considering that these are places guaranteed to the Serb community and cannot provoke
other persons to acts of violence. The other part of the disputed sentence “when Serbia
calls, I give my vote' is a part dealing with the Brussels agreement where Serbia is a
signatory party together with Kosovo where one of the responsibilities is the integration of
Serbian community and the participation of Serbian community in elections. This sentence
was made in order to avoid or prevent the boycott of elections and the possibility of
someone to accuse Serbia and the Serb community of deliberately boycotting the Brussels
Agreement. And in accordance with Article 64 of the Constitution of Kosovo, to protect
“our” seats guaranteed by Constitution, for Serbian community. And this would be misused
if they were boycotted or if a small number of people would go to vote, which would be
contrary to the Constitution and the LGE. We consider that this video-spot should be
viewed as a whole and not to cut the words cut and attempt to be misinterpret the same
words. Based on we move that the complaint to be dismissed as ungrounded because the
same is an attempt to have some words cut out from its context and this is not the essence
of the video spot in general.