Should the sentences of unconstitutional decisions be applied

The one for Radio Free Europe has shown that the case against it has been initiated by Kosovo Police for violations of the measures against it. COVID-19, deployed by the Health Ministry.

This baker has shown the violations he has committed and he has had to face the police.

For extensions of hours, which we've been delayed longer than necessary, we haven't been able to complete in advance time and in large numbers of customers there were. All with reason. I can't say they're just here for rage. The reason is we haven't adhered to measures”, he says.

Already when the Health Ministry's decision has been declared unconstitutional by the Constitutional Court, he expects the state to review previous decisions.

Now with these it's probably the state that it's going to evaluate this”, says At and Behrami.

Many other Kosovo citizens have had his fate.

Since March 13th, after presenting the first cases with Coronavirus, Kosovo police have initiated over 1,000 and 300 cases.

“Following the preliminary legal procedures, in terms of failing to implement the government's/ ministry decision, by 13.05.2020 has opened 1317 cases against 2325 persons involved in cases”, the Kosovo Police's written response reported.

Kosovo Institute for Justice Director Ehat Miftaraj tells Radio Free Europe that the institutions of the Republic of Kosovo, under no circumstances, can deprive either of freedom or pronounce fines for citizens, for acts that are not defined by law.

Especially after the Constitutional Court declared the Health Ministry's decision unconstitutional, stating that “the definition of fundamental rights and freedoms could become “by law only” adopted in the Assembly of the Republic of Kosovo”.

“We already have a second Constitutional Court ruling, which defines in a tax way that the Sanitarian Inspectorate, respectively, cannot pronounce fines in cases where citizens do not respect measures related to COVID-19”, Miftaraj says.

According to him, the arrest, ban and pronunciation of fines against Kosovo citizens should be done only by law.

“As regards the bans and opening of criminal procedures against Kosovo citizens who are not respecting government measures, even here it means whether the law will be implemented, if we have a law-based treatment, according to the procedure, to all these citizens these cases will be closed. And in cases when citizens are illegally detained, they will have the right to seek compensation for illegal arrest”, Miftaraj says.

For disrespecting measures during the era of pandemic, authorities have imposed penalties. Bribery sentences for physical persons range between 1,000 and 2,000 euros, while for legal persons, between 3,000 and 8 thousand euros.

These fine sentences are pronounced by the Kosovo Sanitary Inspectorate Service.

In order to protect from COVID-19, the Kosovo government on 23 March had decided to ban the movement of citizens and vehicles.

This decision had been declared anti-unconstitutional by the Constitutional Court, following the request made by Kosovo President Hashim Thaci.

Other measures of limiting the movement for citizens were imposed by the Health Ministry on 15 April.

On 1 May, the Constitutional Court again declared this ministry's decision to declare the area quarantine the territory of Prizren's municipality unconstitutional.

“Gjykata ruled in majority of votes, which the Prizren Ministry of Health for State of the Prizren municipality “area quarantine”, is not compatible with Article 55 [Religion of Constitutional Rights and Freedoms] concerning Article 35 [Freedom of the Movement] of the Constitution and Article 2 (Freedom of Movement) of Protocol No. 4 of KEDNJ”, said in the Constitutional announcement.

The Constitutional decision came after the call made by the opposition Democratic Party of Kosovo.