PZAP accepts complaint to count 1,806 packages untreated by diaspora

This organisation says that during the survey of verification and counting of ballot packages that came through mail after 5 October, G Organisation observers ERMIN has noted that CEC is not fully implementing the decision A.A. UZH.nr. 20/2019 Supreme Court, with regard to voting bias in question.

“The CEC has not processed as much as 1806 cases of paper from the diaspora, which have reached between 11th and 1919, the day when complaints were exercised to the Electoral Panel for Anxiety and Parashtre (PZAP) from the political subject Vetevendosje Movement, which has led to the Supreme Court's decision to adhere to post-election paperwork, and by October 17th, 2019. We consider that this CEC action is not consistent with the act of prejudice A.A. UZH.nr. 20/2019, 30.10,2019 Supreme Court. 1806 untreated ballot packages from our fellow citizens living abroad have been rejected without even passing verification procedure. All these packages have been launched as postal shipments before the deadline for sending mail packages imposed by the CEC, from September 19th to October 5, 2019, which may be true on the basis of the BPS stamp on the starting date, respectively. Also, 1806 packages in question have come to the CEC before the verification and counting of 4639 others that were the subject of the first LVV complaint, which means that the inclusion in the count of 1806 new packages would not have delayed the proceedings of other packages. The failure to treat these latter packages conflicts with the Supreme Court's execution A.A. UZH.nr. 20/2019 of the date 30.10.2019, as well as the earliest act of judgment of this Court, A.A. -W. ZH.nr. 19/2019 on 25.10.2019. As for the validity of votes by mail coming after the legal deadline and the CEC Electoral Rule no. 03/2013, Supreme Court through prejudice A.A. UZH.nr. 20/2019 has clearly ruled that rejection of votes coming in the mail after October 5th constitutes a violation of the European Convention on Human Rights, whose implementation is guaranteed by Article 22 of the Constitution of Kosovo. The ruling in question of the Supreme Court finds that “inus 96 pars. 3 of the Law for General Elections and Article 4 money. 4 of Electoral Rule No. 032013 are in co-ordination with Article 3 of the European Convention for Human Rights Protocol, which includes the right to free elections, and in concrete cases voters without their blame were deprived of the opportunity to express their opinion about the election of members of the Republic of Kosovo Parliament, voters have been denied the essence of the right to vote, as guaranteed by Article 1 of the European Convention on Human Rights. Likewise, refusal to prosecute 1806 packages in question also conflicts with the first Supreme Court's ruling on this case, A.A. UZH.nr. 20/2019, which, based on Law No. 03 L-006 for the County Procedure, Article 127, par. 2 finds that votes initiated by post «before the election date “should be treated as having arrived in the CEC within the acceptable” deadline. All 1806 uncounted packages have been launched before the election date. Specifically, they were delivered by mail from September 19th to October 5, 2019. Consequently, according to this Court's reasoning, even those “should be treated as having arrived in the CEC within an acceptable” deadline and should undergo the same process of verification and counting, equally to others; a communiqué of the organisation is said.

This organisation, through a communique, says that according to the logic of the Supreme Court's rulings on votes by mail, all package of ballot papers launched before election day, which have reached the CEC until the day before the processing of 4639 packages for which the Vetevendosje Movement has been filed with political subject.

In this respect, 1806 ballot packages are as valuable as the other 4,639 packages already numbered by the CEC and must be processed without delay.