Panel's Jurisprudence

 

1. JURISDICTION & ADMISSIBILITY

 

1.1   General issues

1.1.1. Scope of reviewing authority of the Panel

B.Y. against EULEX, 2014-06, 27 May 2014, par. 13
Susaja gainst EULEX, 2013-16, 30 August 2013 at pars. 9-10
Zahiti v. EULEX, 2012-14, 7 June 2013 at pars. 33 - 40
Z against EULEX, 2012-06, 10 April 2013, at par. 33
X. and 115 other complainants, 2011-20, 5 October 2012 at par. 55
Hamiti against EULEX, 2012-01,5 June 2012 at par. 16-17
Rexhepi against EULEX,2011-23, 20 March 2012 at pars. 36-37
Sharku against EULEX,2011-19, 20 March 2012 at pars. 20-21
Trajkovic against EULEX, 2011-12, 23 November 2011 at par. 12
Blakqori against EULEX, 2011-06, 23 November 2011 at par. 18
Thaqi against EULEX, 2010-02, 14 September 2011 at pars. 52-64

1.1.2. Accountability concept

Rajovic against EULEX, 2013-25, 9 April 2014 at par. 13
I against EULEX, 2013-01, 27 November 2013, at par.10
Pajaziti against EULEX, 2012-05, 4 October 2012 at par. 9
Zeka against EULEX, 2012-02, 4 October 2012 at par.  21
Rexhepi against EULEX, 2011-23, 20 March 2012 at par. 36
Sharku against EULEX, 2011-19, 20 March 2012 at par.18
Lazic against EULEX, 2011-24,23 November 2011 at par. 18
Gashi v EULEX, 2011-22,23 November 2011 at par. 12
Hoxha against EULEX, 2011-18, 23 November 2011 at par. 19
Smajli against EULEX, 2011-15, 23 November 2011 at par. 14
Martinovic against EULEX, 2011-13, 23 November 2011 at par. 14
S.M. against EULEX, 2011-11, 23 November 2011 at par. 13
Blakqori against EULEX, 2011-06, 23 November 2011 at par. 18
Gecaj against EULEX, 2011-01, 23 November 2011 at par. 48       
Jovanovic against EULEX, 2011-10, 14 September 2011 at par. 31
Rruka against EULEX, 2011-08, 14 September 2011 at par. 10
Thaqi against EULEX, 2010-02, 14 September 2011 at par. 53

    1.1.3. Decision on admissibility without prejudice to the merits

Sadiku-Sula against EULEX, 2014-34, 29 September 2015, conclusion
D.W., E.V., F.U., G.T., Zlata Veselinović, H.S., I.R., 2014-11 to 2014-17, 30 September 2015, conclusion
Becić against EULEX, 2013-03, 1 July 2014, at par. 52
Zahiti v. EULEX, 2012-14, 7 June 2013 at par. 43
A,B,C & D against EULEX (admissibility decision), 2012-09, 10, 11 & 12, 10 April 2013 at par. 62
X. and 115 other complainants, 2011-20, 5 October 2012 at pars. 56-57
W against EULEX (admissibility decision), 2011-07, 5 October 2012 after par. 30

 

1.2. Limits of jurisdiction

1.2.1.Jurisdiction ratione temporis (post 9 December 2008 – date when EULEX became operational)

L.O. against EULEX, 2014-32, 11 November 2015, at pars 48-52
Sadiku-Sula against EULEX, 2014-34, 29 September 2015, at pars 49-52
D.W., E.V., F.U., G.T., Zlata Veselinović, H.S., I.R., 2014-11 to 2014-17, 30 September 2015, at pars 77-81
Berisha against EULEX, 2015-08, 1 March 2016, at par. 14
Thaqi against EULEX, 2010-02, 14 September 2011 at pars. 71-77

    1.2.2. Jurisdiction ratione personae - no reviewing power over UNMIK

Thaqi against EULEX, 2010-02, 14 September 2011 pars. 78-82

1.2.3. No jurisdiction over proceedings taking place outside of Kosovo

Gecaj against EULEX, 2011-01, 23 November 2011 at par. 53

1.2.4. Judicial control over impugned conduct not necessarily  a bar to Panel’s jurisdiction

Thaqi against EULEX, 2010-02, 14 September 2011 at par. 61 (by implication)

1.2.5. Jurisdiction over “discretionary” matters (of the Prosecutor)

Hoxha against EULEX, 2011-18, 23 November 2011 at par. 24

    1.2.6. No connection to EULEX

Shkololli against EULEX, 2015-03, 29 February 2016, at par. 9
Shabani against EULEX, 2014-30, 21 April 2015, at par. 17
Musa against EULEX, 2014-29, 2 February 2015, at par.10
Begolli against EULEX, 2014-27, 2 February 2015, at par. 11
Fazliu against EULEX, 2014-28, 10 November 2014, at par. 10
Kadribasic against EULEX, 2014-09,10 November 2014, at par. 11
Rastelica against EULEX, 2014-07, 27 May 2014, at par. 12
A.Z. against EULEX, 2014-03, 27 May 2014, at par. 14
Vuković against EULEX, 2013-18, 7 April 2014, at par.11
Fejza against EULEX, 2014-20, 26 August 2014 at par. 9.
C.X against EULEX, 2014-08, 26 August 2014 at par. 13.
Kadriu against EULEX, 2013-27, 27 May 2014 at par. 18
Rajovic against EULEX, 2013-25, 9 April 2014 at par. 17
Gashi against EULEX, 2013-20, 26 November 2013, at par. 9
U. against EULEX,2013-19, 27 November 2013 at par. 14-15
Susaja gainst EULEX, 2013-16, 30 August 2013 at pars. 9-10

 

1.3 EULEX personnel and recruitment

1.3.1 No jurisdiction over complaints from or concerning EULEX personnel

Mustafa-Sadiku, 2014-41, 15 June 2015, at par. 16
Beka against EULEX, 2014-23, 10 November 2014, at par. 6
An EULEX employee against EULEX, 2010-13, 14 September 2010 at par. 5

1.3.2. Complaints about recruitment procedures of EULEX

Luizim Gashi against EULEX, 2010-14, 7 December 2010 at par. 7
Pasuli against EULEX, 2010-12, 14 September 2010 at par. 7
Proetel against EULEX, 2010-10, 14 September 2010 at par. 6

 

1.4 Proceedings before Kosovo Courts

1.4.1 Judicial proceedings before Kosovo courts – no involvement of EULEX

Z.A. against EULEX, 2014-36, 29 February 2016, at par. 17
K.P. against EULEX, 2014-31, 21 April 2015, at par. 13
J.Q. against EULEX, 2014-24, 21 April 2015, at par. 10
Kaciu against EULEX, 2014-26, 2 February 2015, at par. 18
Kadribasic against EULEX, 2014-09,10 November 2014, at par. 11
Rastelica against EULEX, 2014-07, 27 May 2014, at pars 12-13
Kahrs against EULEX, 2012-16, 10 April 2013 at par. 35
Hamiti against EULEX, 2012-01, 5 June 2012 at par. 17
Mustafa against EULEX,2011-03, 8 April 2011 at par. 22
Sefa against EULEX, 2010-15, 23 February 2011 at par. 12
Krstic against EULEX, 2010-08, 23 February 2011, pars. 16-17

1.4.2. Judicial proceedings by Kosovo courts – involvement of EULEX/contact with EULEX

Radunović against EULEX, 2014-02, 12 November 2015, at par. 16
Krasniqi against EULEX, 2014-33, 21 April 2015, at par. 20
Ibrahimi against EULEX, 2014-05, 21 April 2015, at par. 23
Selmani against EULEX, 2014-23, 10 November 2014, at par. 12
Rexhepi against EULEX, 2014-19, 10 November 2014, at par. 12
Taraku against EULEX, 2013-26, 27 May 2014, at par. 14
Maxhuni against EULEX, 2013-24, 7 April 2014, at par.12
Gashi against EULEX, 2013-22, 7 April 2014, at par.11
Rahmani against EULEX, 2013-17, 4 February 2014, at par. 17
Zeka against EULEX, 2013-15, 4 February 2014, at par.13
J against EULEX, 2013-04, 4 February 2014, at par. 14
Krapi against EULEX, 2014-22, 26 August 2014, at par. 12.
V against EULEX,2013-23, 27 May 2014 at par. 10.
Kadriu against EULEX, 2013-27, 27 May 2014, at par. 17
Tome Krasniqi against EULEX, 2014-04, 27 May 2014, pars. 14-15
E against EULEX2012-17, 30 August 2013, at pars 25-27
Z against EULEX, 2012-06, 10 April 2013, at par. 31
Halili against EULEX, 2012-08, 15 January 2013, at par. 21
Pajaziti against EULEX, 2012-05, 4 October 2012 at pars. 9-10
Dobruna against EULEX, 2012-03, 4 October 2012 at par. 12
Zeka against EULEX, 2012-02, 4 October 2012 at par.  21
Rexhepi against EULEX, 2011-23, 20 March 2012 at par. 36
Maznikolli against EULEX, 2011-21, 20 March 2012 at par. 15
Lazic against EULEX, 2011-24,23 November 2011 at par. 20
Gashi v EULEX, 2011-22, 23 November 2011 at pars. 13-15
Hoxha against EULEX, 2011-18, 23 November 2011 at par. 19
Smajli against EULEX, 2011-15, 23 November 2011 at par. 14
Martinovic against EULEX, 2011-13, 23 November 2011 at par. 15
S.M. against EULEX, 2011-11, 23 November 2011 at par. 14
Blakqori against EULEX, 2011-06, 23 November 2011 at par. 18
Gecaj Against EULEX, 2011-01, 23 November 2011, at par. 50
Shabani against EULEX, 2011-14, 14 September 2011 at par. 18
Jovanovic against EULEX, 2011-10, 14 September 2011 at pars. 32-34
Rruka against EULEX, 2011-08, 14 September 2011 at pars. 11-13
"SYRI” against EULEX, 2011-05, 14 September 2011 at par. 11
Bahadur and others against EULEX, 2011-02, 14 September 2011 at par. 46-47
Agovic against EULEX, 2010-16, 8 December 2010 at par.21
Ramadani against EULEX, 2010-09, 8 June 2011, par. 28

1.4.3. EULEX membership/staffing of an organ not altering the character of Kosovo judiciary

Krasniqi against EULEX, 2014-33, 21 April 2015, at par. 20
J.Q. against EULEX, 2014-24, 21 April 2015, at par. 10
Ibrahimi against EULEX, 2014-05, 21 April 2015, at par. 23
Kaciu against EULEX, 2014-26, 2 February 2015, at par. 18
Selmani against EULEX, 2014-23, 10 November 2014, at par.12
Rexhepi against EULEX, 2014-19, 10 November 2014, at par.12
Taraku against EULEX, 2013-26, 27 May 2014, at par. 14
Maxhuni against EULEX, 2013-24, 7 April 2014, at par.12
Gashi against EULEX, 2013-22, 7 April 2014, at par.11
Rahmani against EULEX, 2013-17, 4 February 2014, at par. 17
Zeka against EULEX, 2013-15, 4 February 2014, at par.13
J against EULEX, 2013-04, 4 February 2014, at par. 14
Kadriu against EULEX, 2013-27, 27 May 2014 at par. 17
Pajaziti against EULEX, 2012-05, 4 October 2012 at par. 9-10
Dobruna against EULEX, 2012-03, 4 October 2012 at par. 12
Zeka against EULEX, 2012-02, 4 October 2012 at par.  21
Rexhepi against EULEX, 2011-23, 20 March 2012 at par. 36
Maznikolli against EULEX, 2011-21, 20 March 2012 at par. 15
Lazic against EULEX, 2011-24, 23 November 2011 at par. 20
Gashi v EULEX, 2011-22, 23 November 2011 at par. 13
Gecaj Against EULEX, 2011-01, 23 November 2011 at par. 50
Jovanovic against EULEX, 2011-10, 14 September 2011 at par. 33
Rruka against EULEX, 2011-08, 14 September 2011 at par. 12
SYRI” against EULEX, 2011-05, 14 September 2011 at par. 11

    1.4.4. EULEX judges/staff actions which do not constitute exercising executive authority

Z.A. against EULEX, 2014-36, 29 February 2016, at par. 18
Kaciu against EULEX, 2014-26, 2 February 2015, at par. 19
Fazliu against EULEX, 2014-28, 10 November 2014, at par.11
Kadriu against EULEX, 2013-27, 27 May 2014 at par. 18

1.4.5. Proceedings before the Human Rights Advisory Panel of UNMIK

Rajovic against EULEX, 2013-25, 9 April 2014 at par. 7-11

 

1.5. EULEX actions

1.5.1. Reviewing authority and sufficient material connection between acts and EULEX actions

Thaqi against EULEX, 2010-02, 14 September 2011 at pars. 84-85

1.5.2. Competence of the Panel to review acts/omissions of EULEX Police/Prosecutors

L.O. against EULEX, 2014-32, 11 November 2015, at par. 42
Maksutaj against EULEX, 2014-18, 12 November 2015, at pars 38-40
Stanisić against EULEX, 2012-22, 11 November 2015, at par 54
Sadiku-Sula against EULEX, 2014-34, 29 September 2015, at par. 34
D.W., E.V., F.U., G.T., Zlata Veselinović, H.S., I.R., 2014-11 to 2014-17, 30 September 2015, at par. 71
W.D. against EULEX, 2015-13, 1 March 2016, at pars 17-19
Krasniqi against EULEX, 2014-33, 21 April 2015, at pars 15-16
Becić against EULEX, 2013-03, 1 July 2014 at par. 45
B.Y. against EULEX, 2014-06, 27 May 2014, par. 12
I against EULEX, 2013-01, 27 November2013, par. 12
E against EULEX, 2012-17, 30 August 2013, at pars 20-22
Z against EULEX, 2012-06, 10 April 2013, at par. 32-33
Y against EULEX, 2011-28, 15 November 2012 at pars. 34-35
W against EULEX (admissibility decision), 2011-07, 5 October 2012 at par. 20-21
Hoxha against EULEX, 2011-18, 23 November 2011 at par. 22
Martinovic against EULEX, 2011-13, 23 November 2011 at par. 16
S.M. against EULEX, 2011-11, 23 November 2011 at par. 15
Thaqi against EULEX, 2010-02, 14 September 2011 at pars. 52-6

1.5.3. Competence of the Panel to review human rights violations by prosecutors if not addressed by judicial authorities

Krasniqi against EULEX, 2014-33, 21 April 2015, at pars 17-19
Tome Krasniqi against EULEX, 2014-04, 27 May 2014, pars. 14-15
E against EULEX2012-17, 30 August 2013, at pars 22-24
Z against EULEX, 2012-06, 10 April 2013, at par. 34

    1.5.4. Competence of the Panel to evaluate judicial decisions in exceptional cases

K, L, M, N, O, P, Q, R, S and T, 2013-05 to 2013-14, 21 April 2015, at par. 45
Radunović against EULEX, 2014-02, 12 November 2015, at par. 17
Ibrahimi against EULEX, 2014-05, 21 April 2015, at par. 24
Tome Krasniqi against EULEX, 2014-04, 27 May 2014, pars. 14-16

1.5.5. Accountability – Liability for omission or failure to act

I against EULEX, 2013-01, 27 November 2013, at par. 13
H&G against EULEX, 2012-19 & 20, 30 September 2013, at pars. 42-53
A,B,C & D against EULEX, 2012-09, 10, 11 & 12, 20 June 2013 at par. 66
A,B,C & D against EULEX (admissibility decision), 2012-09, 10, 11 & 12, 10 April 2013 at par. 61-62
Sharku against EULEX, 2011-19, 20 March 2012 at pars. 19-20
Thaqi against EULEX, 2010-02, 14 September 2011 pars. 91-94
Kazagic  against EULEX, 2010-01, 8 April 2011, pars. 74-75

1.5.6.      Medical staff’s actions not part of executive mandate

Mustafa-Sadiku against EULEX, 2014-41, 15 June 2015, at par. 18

1.6 EULEX mandate

1.6.1. Limitation of EULEX mandate and power to review

Sharku against EULEX, 2011-19, 20 March 2012 at par. 21

1.6.2. “Executive” aspects of EULEX mandate as a jurisdictional border

Fejza against EULEX, 2014-20, 26 August 2014 at par. 10 (pension issues)
Halili against EULEX, 2012-08, 15 January 2013, at par. 23 (custody over children)
X. and 115 other complainants, 2011-20, 5 October 2012 at pars. 43-53 (medical care, pollution housing matters, protection of environment)
Maznikolli against EULEX, 2011-21, 20 March 2012 at par. 15
Asllani against EULEX, 2011-26, 23 November 2011 (enforcement of Kosovo courts’ judgments not included) at par. 33
Trajkovic against EULEX, 2011-12, 23 November 2011at par. 12 (house search as executive mandate)    
Shabani against EULEX, 2011-14, 14 September 2011 at pars. 16-18 (family law)
Azemi against EULEX, 2011-17, 8 June 2011 at par. 3 (employment not included)
Mirkovic against EULEX, 2011-09, 8 June 2011 sat pars. 14-15 (employment and internal discipline not included)
Gecaj Against EULEX, 2011-01, 23 November 2011 at par. 48

1.6.3. “Executive” mandate and EULEX Judges

Kazagic  against EULEX, 2010-01, 8 April 2011 at par. 34

    1.6.4. Monitoring, Mentoring and Advising (MMA)

Zahiti v. EULEX, 2012-14, 7 June 2013 at pars. 36
Kahrs against EULEX, 2012-16, 10 April 2013 at pars. 26-35

      1.6.5. Executive mandate and attributability

H&G against EULEX, 2012-19 & 20, 30 September 2013, at par. 56
Zahiti v. EULEX, 2012-14, 7 June 2013 at pars. 33 - 40
A,B,C & D against EULEX (admissibility decision), 2012-09, 10, 11 & 12, 10 April 2013 at par. 57-60

 

1.7 Other matters

1.7.1. EULEX acknowledgment of complainant’s rights

Maxhera against EULEX, 2012-04, 4 October 2012 at pars. 12-13

1.7.2. No competence over tax issues

Hoxha against EULEX, 2011-18, 23 November 2011 at par. 20

1.7.3. No reviewing power over private disputes

Taraku against EULEX,  2013-26, 27 May 2014, at par. 13
Sogojeva against EULEX,2012-18, 6 June 2012, at pars 6-8
Gashi v EULEX, 2011-25, 20 March 2012 at pars. 8-9
Rudi against EULEX, 2010-11, 14 September 2010 at par. 6

1.7.4. HRRP no court of appeal

Halili against EULEX, 2012-08, 15 January 2013, at par. 21
Sharku against EULEX, 2011-19, 20 March 2012  at pars. 21

1.7.5. Indirect reviewing authority of the Panel

Rexhepi against EULEX, 2011-23, 20 March 2012 at pars. 37-38

1.7.6. Six-month deadline for the submission of the complaint

Sadiku-Sula against EULEX, 2014-34, 29 September 2015, at pars 44-48
D.W., E.V., F.U., G.T., Zlata Veselinović, H.S., I.R., 2014-11 to 2014-17, 30 September 2015, at pars 91-100
Sula against EULEX, 2015-10, 1 March 2016, at par. 16
Mikić against EULEX, 2014-38, 15 June 2015, at pars 8-9
K.P. againt EULEX, 2014-31, 21 April 2015, at par. 15
Gashi against EULEX, 2013-22, 7 April 2014, at par.10
Krasniqi against EULEX, 2013-02, 30 August 2013, at pars 9-10
Emërllahu against EULEX, 2012-15, 8 April 2013, at par.9
Zahiti against EULEX, 2012-14, 7 June 2013 at pars. 42
Gashi against EULEX, 2012-13, 8 April 2013, at par. 10
Halili against EULEX, 2012-08, 15 January 2013, at par. 25
Y. against EULEX, 2011-28, 15 November 2012 at par. 25-33
Rexhepi against EULEX, 2011-23, 20 March 2012 at pars. 39-42
Gashi v EULEX, 2011-22, 23 November 2011 pars. 16-17
Martinovic against EULEX, 2011-13, 23 November 2011 at pars. 17-18
Trajkovic against EULEX, 2011-12, 23 November 2011 at pars. 13-14
S.M. against EULEX, 2011-11, 23 November 2011 at pars. 16-18
Blakqori against EULEX, 2011-06, 23 November 2011 at pars. 19-20
Thaqi against EULEX, 2010-02, 14 September 2011 at par. 51

1.7.7. Status as ‘victim’

Mustafa-Sadiku against EULEX, 2014-41, 15 June 2015, at par. 14
I against EULEX, 2013-01, 27 November 2013, at par. 17-22
Emërllahu against EULEX, 2012-15, 8 April 2013, at pars 10-13
A,B,C & D against EULEX (admissibility decision), 2012-09, 10, 11 & 12, 10 April 2013 at par. 52-55
Ibishi against EULEX, 2012-07, 15 January 2013 at pars. 6-8
Rexhepi against EULEX, 2011-23, 20 March 2012 at pars. 43-47
Smajli against EULEX, 2011-15, 23 November 2011 at par. 15

1.7.8. Actio popularis

Ibishi against EULEX, 2012-07, 15 January 2013 at par. 7

1.7.9. Ongoing/continuous obligation of EULEX (towards actions of UNMIK)  

Thaqi against EULEX, 2010-02, 14 September 2011 at pars. 83-97, in particular par 88

1.7.10. EULEX and the duty to protect human rights

H&G against EULEX, 2012-19 & 20, 30 September 2013, at pars. 41-53
A,B,C & D against EULEX, 2012-09, 10, 11 & 12, 20 June 2013 at par.50

1.7.11    EULEX not a state - ability to guarantee protection of human rights limited in comparison

L.O. against EULEX, 2014-32, 11 November 2015, at par. 43-45   
Maksutaj against EULEX, 2014-18, 12 November 2015, at par. 54              
K, L, M, N, O, P, Q, R, S and T, 2013-05 to 2013-14, 21 April 2015, at par. 53
A,B,C & D against EULEX, 2012-09, 10, 11 & 12, 20 June 2013 at par. 50

1.7.12    Complaint premature

Radunović against EULEX, 2014-02, 12 November 2015, at pars 20-22
Ibrahimi against EULEX, 2014-05, 21 April 2015, at pars 28-29

1.7.13    Complaint unsubstantiated

K, L, M, N, O, P, Q, R, S and T, 2013-05 to 2013-14, 21 April 2015, at pars. 46-47
W.D. against EULEX, 2015-13, 1 March 2016, at pars 20-22
Berisha against EULEX, 2015-08, 1 March 2016, at pars 15-16
Shkololli against EULEX, 2015-03, 29 February 2016, at par. 9
Zherka against EULEX, 2014-42, 15 June 2015, at par. 14

 

1.8. EULEX Police

1.8.1. Executive powers of the police

A,B,C & D against EULEX, 2012-09, 10, 11 & 12, 20 June 2013 at par. 45
Zahiti v. EULEX, 2012-14, 7 June 2013 at pars. 33 – 38, 40
Kahrs against EULEX, 2012-16, 10 April 2013 at par. 26
Bahadur and others against EULEX, 2011-02, 14 September 2011 par. 39

1.8.2. Planning and implementation of police operations

H&G against EULEX, 2012-19 & 20, 30 September 2013, at pars. 48-53
A,B,C & D against EULEX, 2012-09, 10, 11 & 12, 20 June 2013 at pars. 46-51; 55-61, 64-65

    1.8.3. EULEX as a second responder

H&G against EULEX, 2012-19 & 20, 30 September 2013, at pars. 34
A,B,C & D against EULEX, 2012-09, 10, 11 & 12, 20 June 2013 at par.49

 

 

2. PROCEDURAL MATTERS

 

2.1. Panel composition

    2.1.1. Possibility of sitting in the absence of a member

Hamiti against EULEX, 2012-01, 5 June 2012 at par. 2

2.1.2. Recusal or disqualification of a member of the Panel /Secretariat

X. and 115 other complainants, 2011-20, 5 October 2012 at par. 3
Zeka against EULEX, 2012-02, 4 October 2012 at par. 1
Lazic against EULEX, 2011-24, 23 November 2011 at par. 2
Jovanovic against EULEX, 2011-10, 14 September 2011 at par. 2
Rruka against EULEX, 2011-08, 14 September 2011 at par. 2
SYRI” against EULEX, 2011-05, 14 September 2011 at par. 2

2.1.3. Possibility of decision rendered ‘by majority’

Kazagic  against EULEX, 2010-01, 23 November 2011 after par. 77
Rudi against EULEX, 2010-07, 8 June 2011 after par. 88

 

 2.2. Information, inquiries, submissions

2.2.1. Procedural means to request information

Smajli against EULEX, 2011-15, 23 November 2011 at par. 9

2.2.2. Power of the Panel to inform complainant of the possibility to re-submit complaint

Smajli against EULEX, 2011-15, 23 November 2011 at par. 17

2.2.3. Request for parties’ submissions

Berisha against EULEX, 2011-04, 14 September 2011 at par. 2 and 3
Bahadur and others against EULEX, 2011-02, 14 September 2011 at par. 2 and 4

2.2.4. Possibility of enquiring about procedural steps taken by relevant authorities

Bahadur and others against EULEX, 2011-02, 14 September 2011 at par. 3

2.2.5. Request for information and situation of partial compliance with request

Mehmetaj against EULEX, 2010-03, 14 September 2011 at par. 2

2.2.6. Request from the Panel to review of case file

Thaqi against EULEX, 2010-02, 14 September 2011 at par. 4

2.2.7. Possibility of direct (email) contact with applicant

Luizim Gashi against EULEX, 2010-14, 7 December 2010 at par. 1

2.2.8. Notice to Head of Mission and request for views

Rudi against EULEX, 2010-07, 8 June 2011 at par. 1

 

2.3 Complainant’s issues

2.3.1. Issues of representation of the complainant

Smajli against EULEX, 2011-15, 23 November 2011 at par. 17

2.3.2. Right of complainant to be heard

Berisha against EULEX, 2011-04, 14 September 2011 at pars. 2-3 and 18
Bahadur and others against EULEX, 2011-02, 14 September 2011 at pars. 2-4
Rudi against EULEX, 2010-07, 8 June 2011 at pars. 4-5
Kazagic  against EULEX, 2010-01, 8 April 2011 at pars. 1, 3-4,

2.3.3. Failure of complainant to communicate with Panel and effect thereof – strike out

Hajdari against EULEX, 2014-40, 15 June 2015, at par. 14
Hyseni against EULEX, 2014-21, 10 November 2014, at pars 10-11
Qubreli against EULEX, 2014-01, 25 August 2014, at pars 9-10
Blagić against EULEX, 2012-23, 4 February 2014 at par. 11
Berisha against EULEX, 2011-04, 14 September 2011 at par. 19

2.3.4. Possibility of re-introducing a complaint

Berisha against EULEX, 2011-04, 14 September 2011 at par. 20

 

 2.4. Investigative matters

2.4.1. Proposition of interim measures to HoM (related to investigation)

W against EULEX (admissibility decision), 2011-07, 5 October 2012 after par. 30

2.4.2. Duty to investigate

L.O. against EULEX, 2014-32, 11 November 2015, at pars 46-47, 57-65
Sadiku-Sula against EULEX, 2014-34, 29 September 2015, at pars 38-39
D.W., E.V., F.U., G.T., Zlata Veselinović, H.S., I.R., 2014-11 to 2014-17, 30 September 2015, at par. 88
X and 115 other complainants, 2011-20, 22 April 2015, at par. 67
Halili against EULEX, 2012-08, 15 January 2013, at par. 28
Thaqi against EULEX, 2010-02, 14 September 2011 at pars. 74-77

2.4.3. Duty to keep victims involved/informed

L.O. against EULEX, 2014-32, 11 November 2015, at pars 61-62Stanisić against EULEX, 2012-22, 11 November 2015, at par. 59

2.4.4. Confidentiality of investigations and protection of rights of victims

L.O. against EULEX, 2014-32, 11 November 2015, at pars 72-74

2.4.5. Protection of witnesses in criminal investigation

W against EULEX, 2011-07, 10 April 2013, at pars 34-35, 47-53
Y. against EULEX, 2011-28, 15 November 2012 at pars 38-42

    2.4.6. Accountability and public scrutiny - reasoned decision on termination

Stanisić against EULEX, 2012-22, 11 November 2015, at pars 67-69

2.4.7. Authority of EULEX prosecutors under Law on Jurisdiction

Sadiku-Sula against EULEX, 2014-34, 29 September 2015, at pars 53-63
D.W., E.V., F.U., G.T., Zlata Veselinović, H.S., I.R., 2014-11 to 2014-17, 30 September 2015, at pars 84-90
X and 115 other complainants, 2011-20, 22 April 2015, at pars 60-64

2.4.8. Authority of EULEX prosecutors in “exceptional circumstances” (Art. 7 (a) of Law on Jurisdiction)

Sadiku-Sula against EULEX, 2014-34, 29 September 2015, at par. 62
D.W., E.V., F.U., G.T., Zlata Veselinović, H.S., I.R., 2014-11 to 2014-17, 30 September 2015, at par. 90
X and 115 other complainants, 2011-20, 22 April 2015, at pars 60-64

2.4.9.     Investigations in cases of persons missing/killed during the conflict

Sadiku-Sula against EULEX, 2014-34, 29 September 2015
D.W., E.V., F.U., G.T., Zlata Veselinović, H.S., I.R., 2014-11 to 2014-17, 30 September 2015
L.O. against EULEX, 2014-32, 11 November 2015

2.4.10.     Special Investigative Task Force (SITF) - status vis-à-vis EULEX mission

L.O. against EULEX, 2014-32, 11 November 2015, at pars 66-71

 

 2.5. Follow up on the implementation of recommendations

 2.5.1. Jurisdiction to follow-up on the implementation of recommendations

Stanisić against EULEX, 2012-22, 29 February 2016, at par. 3
Becić against EULEX, 2013-03, 11 November 2015, at par. 2
X and 115 other complainants, 2011-20, 11 November 2015, at par. 3
Zahiti against EULEX, 2012-14, 11 November 2014, at par. 4
H&G against EULEX,  2012-19&20, decision on the implementation of the Panel’s recommendations, 27 May 2014, at par. 3
ABCD against EULEX, 2012-09,10,11&12, decision on the implementation of the Panel’s recommendations, 5 February 2014, at par. 3
W against EULEX, 2011-07, decision on the implementation of the Panel’s recommendations, 26 November 2013, at par. 2 and pars 16-26
Kazagic  against EULEX, 2010-01, decision on the implementation of the Panel’s recommendations, 23 November 2011 par. 1 and pars. 10-13
Rudi against EULEX, 2010-07, decision on the implementation of the Panel’s recommendations, 23 November 2011 par. 1 and pars. 9-10

 2.5.2. Evaluation by the Panel of efforts made to implement its decisions

Stanisić against EULEX, 2012-22, 29 February 2016, at pars 7-10
Becić against EULEX, 2013-03, 11 November 2015, at pars 8-13
X and 115 other complainants, 2011-20, 11 November 2015, at pars 15-21
Zahiti against EULEX, 2012-14, 11 November 2014, at pars 13-26
W against EULEX, 2011-07, decision on the implementation of the Panel’s recommendations, 26 August 2014, at pars 17-19
H&G against EULEX,  2012-19&20, decision on the implementation of the Panel’s recommendations, 27 May 2014 at pars. 10-17
ABCD against EULEX, 2012-09,10,11&12, decision on the implementation of the Panel’s recommendations, 5 February 2014 at pars. 16-28
Kazagic  against EULEX, 2010-01, decision on the implementation of the Panel’s recommendations, 23 November 2011 at pars. 7-10
Rudi against EULEX, 2010-07, decision on the implementation of the Panel’s recommendations, 23 November 2011 at pars. 10-13

    2.5.3. Recommendations not implemented / implemented in part – invitation to reconsider/take further action

X and 115 other complainants, 2011-20, 11 November 2015, conclusion
Zahiti against EULEX, 2012-14, 11 November 2014, conclusion
W against EULEX, 2011-07, 10 April 2013, at pars 22-23

 

2.6. Re-examination of a complaint

2.6.1. Rule 42 and new facts

Kadriu against EULEX, 2013-27, 10 November 2014, at par.7
Y. against EULEX (re-examination), 2011-28, 15 January 2013 at pars. 7-10

2.6.2. Rule 42 and new evidence

Tomë Krasniqi against EULEX, 2014-04, 10 November 2014, at par.13
J against EULEX, 2013-04, 7 April 2014, at pars 6-7
Y. against EULEX (re-examination), 2011-28, 15 January 2013 at pars. 11-15

 

2.7. Other procedural issues

2.7.1. Decision of the Panel proprio motu to protect complainant’s identity

W against EULEX (admissibility decision), 2011-07, 5 October 2012 at par. 5

2.7.2. Joinder of complaints according to Rule 20 of the RoP

K, L, M, N, O, P, Q, R, S and T, 2013-05 to 2013-14, 21 April 2015, at par. 7
H&G against EULEX, 2012-19 & 20, 30 September 2013, at par. 6
A,B,C & D against EULEX (admissibility decision), 2012-09, 10, 11 & 12, 10 April 2013 at par. 8

 

 3. EVIDENTIAL MATTERS

 

3.1. Evidential value of pre-9 Dec 2008 facts

Thaqi against EULEX, 2010-02, 14 September 2011 at pars. 96-97

 

 4. MERITS

 

4.1. Article 2 ECHR

4.1.1.  Violation of Article 2

L.O. against EULEX, 2014-32, 11 November 2015, conclusion

4.1.2. No violation of article 2

Y. against EULEX, 2011-28, 15 November 2012 at pars. 36-42
W against EULEX (admissibility decision), 2011-07, 5 October 2012, par.30

4.1.3. Importance of Article 2 ECHR

Thaqi against EULEX, 2010-02, 14 September 2011 at pars. 65-70

4.1.4. Positive obligations under Article 2 ECHR, including duty to investigate

L.O. against EULEX, 2014-32, 11 November 2015, at pars 58-65
Thaqi against EULEX, 2010-02, 14 September 2011 at pars. 68-70

4.1.5. Article 2 and requirement of an effective judicial system

Thaqi against EULEX, 2010-02, 14 September 2011 at par. 69

 

 4.2. Article 3 ECHR

4.2.1. Violation of Article 3

L.O. against EULEX, 2014-32, 11 November 2015, conclusion

4.2.2. No violation of Article 3

W against EULEX, 2011-07, 10 April 2013, pars 36-38

4.2.3. Minimum level of severity

Krasniqi against EULEX, 2013-02, 30 August 2013, at pars 11-13
Halili against EULEX, 2012-08, 15 January 2013, at par. 27
W against EULEX, 2011-07, 10 April 2013, par. 36

4.2.4. Alleged violation not attributable to EULEX

K, L, M, N, O, P, Q, R, S and T, 2013-05 to 2013-14, 21 April 2015, at pars 55-61

 4.3. Article 5 ECHR

4.3.1. No violation of article 5

Y. against EULEX, 2011-28, 15 November 2012 at pars. 43-44

4.3.2. Length of detention issue

Z against EULEX, 2012-06, 10 April 2013, at par. 45-52
Martinovic against EULEX, 2011-13, 23 November 2011 at pars. 15-16

4.3.3. Access to documentation

Krasniqi against EULEX, 2014-33, 21 April 2015, at par. 12
Z against EULEX, 2012-06, 10 April 2013, at pars.  43-44

4.3.4. Complaint manifestly ill-founded          

K, L, M, N, O, P, Q, R, S and T, 2013-05 to 2013-14, 21 April 2015, at par. 47

4.4. Article 6 ECHR

4.4.1. Fair trial rights

Halili against EULEX, 2012-08, 15 January 2013, at par. 20-22
Dobruna against EULEX, 2012-03, 4 October 2012 at pars. 11-12
Rexhepi against EULEX, 2011-23, 20 March 2012 at pars. 37-38 

4.4.2. Length of proceedings and undue delay (as a human rights issue)

Maksutaj against EULEX, 2014-18, 12 November 2015, at pars 57-68
S.M. against EULEX, 2011-11, 23 November 2011 at par. 14
Kazagic  against EULEX, 2010-01, 8 April 2011 at par. 77
Krstic against EULEX, 2010-08, 23 February 2011 at par. 15

4.4.3. Execution of a judgment as forming part of the right to a fair trial

Rastelica against EULEX, 2014-07, 27 May 2014, at par. 11
Asllani against EULEX, 2011-26, 23 November 2011 at par. 35

4.4.4. Practical and effective rights and duty of authorities to act in good time

Maksutaj against EULEX, 2014-18, 12 November 2015, at pars 64-65
Kazagic  against EULEX, 2010-01, 8 April 2011, par. 68

4.4.5. Uncertainty and effective enjoyment of right

Kazagic  against EULEX, 2010-01, 8 April 2011, par. 69 and pars. 71-72

4.4.6. Competence and lawfulness of administrative bodies to adjudicate on issues of rights (if full judicial review)

Rudi against EULEX, 2010-07, 8 June 2011, pars. 87-88

4.4.7. Judicial review of administrative decisions and requirement of fairness

Rudi against EULEX, 2010-07, 8 June 2011, par. 88

4.4.8. No right to prosecution

Kazagic  against EULEX, 2010-01, 8 April 2011, par. 42-43

4.4.9. Execution of judgment and access to justice

Kazagic  against EULEX, 2010-01, 8 April 2011;

4.4.10. Access to justice and its limitations

Radunović against EULEX, 2014-02, 12 November 2015, at pars 18-19
Ibrahimi against EULEX, 2014-05, 21 April 2015, at pars 25-27
Kazagic  against EULEX, 2010-01, 8 April 2011, pars.61-62 and par. 76

 

 4.5. Article 8

4.5.1. No violation of Article 8

Stanisić against EULEX, 2012-22, 11 November 2015, at pars 60-61
Krlić against EULEX, 2012-21, 26 August 2014, at pars 24-29
Y. against EULEX, 2011-28, 15 November 2012 at pars. 36-42

    4.5.2. Violation of Article 8

L.O. against EULEX, 2014-32, 11 November 2015, conclusion
H&G against EULEX, 2012-19 & 20, 30 September 2013, at pars 56 et seqq.
A,B,C & D against EULEX, 2012-09, 10, 11 & 12, 20 June 2013 at pars. 53-61, 65
W against EULEX, 2011-07, 10 April 2013, at pars 39-55

    4.5.3. Scope of Article 8

Stanisić against EULEX, 2012-22, 11 November 2015, at par. 58

    4.5.4. Interference with complainant’s rights under Art. 8 not in accordance with law

W against EULEX, 2011-07, 10 April 2013, at pars 40-44

4.5.5. Legitimate aim

W against EULEX, 2011-07, 10 April 2013, at par. 45

    4.5.6. Proportionality of interference

W against EULEX, 2011-07, 10 April 2013, at pars 46-52

4.5.7. Positive obligations under Article 8

Stanisić against EULEX, 2012-22, 11 November 2015, at par. 59
Krlić against EULEX, 2012-21, 26 August 2014, at par. 25

 

4.6. Article 9

4.6.1.Violation of Article 9

H&G against EULEX, 2012-19 & 20, 30 September 2013, at parr. 56 et seqq
A,B,C & D against EULEX, 2012-09, 10, 11 & 12, 20 June 2013 at pars. 53-61, 65

 

4.7. Article 11

4.7.1. Violation of Article 11

H&G against EULEX, 2012-19 & 20, 30 September 2013, at pars 56 et seqq
A,B,C & D against EULEX, 2012-09, 10, 11 & 12, 20 June 2013 at pars. 53-61, 65

 

4.8. Article 13

 4.8.1. Violation of Article 13

L.O. against EULEX, 2014-32, 11 November 2015, conclusion
Stanisić against EULEX, 2012-22, 11 November 2015, at par. 73
X and 115 other complainants, 2011-20, 22 April 2015, at par. 67
Becić against EULEX, 2013-03, 12 November 2014, at pars 58-63
A,B,C & D against EULEX, 2012-09, 10, 11 & 12, 20 June 2013 at pars. 66-67

4.8.2. Obligation of EULEX to provide adequate legal remedies

Zahiti v. EULEX, 2012-14, 7 June 2013 at pars. 40

4.8.3. Obligation to record and register complaints on allegations of violations of rights

Becić against EULEX, 2013-03, 12 November 2014, at pars 56 and 60

4.8.4. Kosovo authorities’ actions/competence not absolving EULEX from own obligation

Becić against EULEX, 2013-03, 12 November 2014, at par. 59

4.8.5. Failure to investigate alleged violations

X and 115 other complainants, 2011-20, 22 April 2015, at pars 62-67

4.8.6. Existence of breach of another provision not a prerequisite for the application of Art.13 (arguable claim)

Stanisić against EULEX, 2012-22, 11 November 2015, at par 62

 4.9. Article 1 of Protocol 1 ECHR

4.9.1. Right to property and possessions, including lawfulness of restrictions thereto

Dobruna against EULEX, 2012-03, 4 October 2012 at pars. 11-12
Rudi against EULEX, 2010-07, 8 June 2011 at pars. 70-84
Kazagic  against EULEX, 2010-01, 8 April 2011 at pars.63-72

4.9.2. Pending litigation and legitimate expectation of ownership

Rudi against EULEX, 2010-07, 8 June 2011 at pars. 61-82

4.9.3. Refusal to obey court order and interference with right of property 

Rudi against EULEX, 2010-07, 8 June 2011 at pars. 76 and 80

 

 4.10. General issues

4.10.1. Requirement of good governance on the part of the authorities

Rudi against EULEX, 2010-07, 8 June 2011 at par. 74

 4.10.2. Limitation of rights and right to reasoned decisions

Rudi against EULEX, 2010-07, 8 June 2011 at par. 78

 

 5. REMEDY

 

 5.1. Possibility for the Panel to identify a “preferred” course of action

Rudi against EULEX, 2010-07, 8 June 2011, par. 86

5.2. Recommendations for relief

L.O. against EULEX, 2014-32, 11 November 2015, conclusion
Maksutaj against EULEX, 2014-18, 12 November 2015, conclusion
X and 115 other complainants, 2011-20, 22 April 2015, conclusion
Stanisić against EULEX, 2012-22, 11 November 2015, conclusion
Becic against EULEX, 2013-03, 12 November 2014, conclusion
Zahiti against EULEX, 2012-14, 4 February 2014, conclusion
W against EULEX, 2011-07, 10 April 2013, conclusion
Kazagic  against EULEX, 2010-01, 8 April 2011, conclusion
Rudi against EULEX, 2010-07, 8 June 2011, conclusion

5.3. Acknowledgment of violation of rights as remedy

L.O. against EULEX, 2014-32, 11 November 2015, conclusion
Maksutaj against EULEX, 2014-18, 12 November 2015, conclusion
Stanisić against EULEX, 2012-22, 11 November 2015, conclusion
Zahiti against EULEX, 2012-14, 4 February 2014, conclusion
H&G against EULEX, 2012-19 & 20, 30 September 2013, conclusion
A,B,C & D against EULEX, 2012-09, 10, 11 & 12, 20 June 2013, conclusion
W against EULEX, 2011-07, 10 April 2013, conclusion      
Rudi against EULEX, 2010-07, 8 June 2011, conclusion

5.4. Failure to implement interim measures

W against EULEX (merits), 2011-07, 10 April 2013, at pars 22-23