Humanitarian Law Center Kosovo and Youth Initiative for Human Rights Kosovo express their concern regarding the situation created on the occasion of the return of Mrs. Dragica Gašić in the city of Gjakova and in particular for the legal actions undertaken by the Municipality of Gjakova towards her.
On July 6, 2021, the Municipality of Gjakova filed a lawsuit in the Basic Court of Gjakova, where the object of this lawsuit was "the request for annulment of the contract for renting the apartment with a request for temporary measures." At the same time, the Municipality of Gjakova requested that the respondent be assigned a temporary legal representative, as their place of residence is not known.
We consider that such actions are not in line with the legislation in force and is not in the spirit of the Constitution of the Republic of Kosovo, namely, it violates Article 156, entitled "Refugees and Internally Displaced Persons", which states that The Republic of Kosovo should promote and facilitate the safe and dignified return of refugees and internally displaced persons and assists them in the return of their property and possessions. Mrs. Gašić possesses the necessary documents, with which she confirms her right to use the property, a right which was given to her by the decision of the Kosovo Agency for Comparison and Verification of Property. This Agency based on the request of Mrs. Gašić, on June 9, 2021 had vacated her apartment by removing the family that had been there, to enable the return of Mrs. Gašić in that property.
Given that the actions of Mrs. Gašić have been in accordance with the procedures for returnees, without harming or endangering any other person, we consider that the situation created as a result of her arrival and for the legal action that were taken, are in contradiction with the democratic and multiethnic spirit of the state of the Republic of Kosovo and does not contribute to the process of dealing with the past.
Therefore, we call on the local authorities of Gjakova to act in accordance with the Constitution of the Republic of Kosovo by withdrawing the lawsuit against Mrs. Gašić, and facilitating her safe return and stay in Gjakova.