NGOs from North Kosovo Demand Halt to Demolitions Near Gazivode Lake

A coalition of non-governmental organizations from northern Kosovo has urgently called for an immediate cessation of demolitions targeting structures near the Gazivode Lake. The groups are demanding transparency, seeking the public release of all demolition orders, inspection records, and the legal justification for police assistance in these actions.

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In no case have the owners been served with a decision from the competent authority ordering the demolition. Owners have only received notices from the public enterprise Ibar-Lepenac. Such a notice cannot replace a formal decision by a competent judicial, inspection, or administrative body against which the owner can file an appeal or other legal remedy.

The NGOs expressed significant concern over the legality and fairness of the demolitions. They stated that property owners have not received formal decisions mandating demolition from any competent authority. Instead, they have received notices from the public enterprise Ibar-Lepenac, which the NGOs argue cannot substitute for official rulings against which owners could appeal.

Furthermore, the organizations highlighted the problematic involvement of the police in providing assistance for demolitions. They assert that police intervention requires a legal basis, such as an executive act, and that the police cannot create such a basis themselves. The NGOs are demanding clarification on which executive act authorized the police intervention and who issued the order.

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It is particularly concerning that the police are providing assistance for demolitions, even though owners have not been served with decisions from the competent authorities.

The situation is further complicated by ongoing legal proceedings. The NGOs pointed out that demolitions are proceeding even when owners have initiated court cases regarding their properties. They cited the recent demolition of the "Jezero" Motel, despite a court hearing scheduled for August 12. This practice, they argue, risks rendering judicial protection meaningless and making favorable court decisions unenforceable, thereby jeopardizing the right to effective legal recourse.

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Demolishing structures before the conclusion of court proceedings can render judicial protection moot and a potentially favorable verdict practically unenforceable, thereby questioning the right to effective judicial protection and legal remedy.