Human Rights Review Panel - 23rd Session

Press Release
Number              05-2014
Date                   12.12.2014
Contact              Joanna Marszalik

The Human Rights Review Panel (the Panel) held its 23rd session in Pristina from 10 to 12 November 2014.  

The Panel gave a follow up decision to the case of Zahiti against EULEX (in which the complainant stated that she had been attacked and injured by an EULEX Police Officer and, as a result, was unable to work for several months). The Panel found that the EULEX Head of Mission had implemented its recommendations in part only. The Panel invited the Head of Mission to reconsider the implementation of its remaining recommendations.

In the case Becić against EULEX the Panel found that EULEX Kosovo violated the complainant’s right to an effective remedy guaranteed under Article 13 of the European Convention on Human Rights. The Panel also made recommendations to the Head of Mission for remedial measures.  

Five other cases were found inadmissible. Three of them concerned proceedings before Kosovo courts. As in many similar previous cases, the Panel declared that it has no jurisdiction to review judicial proceedings before the courts of Kosovo, even if EULEX judges sit on the bench. In one case the Panel found that it had not been shown that EULEX was involved in any capacity in the matters complained about. In another case the Panel found it had no jurisdiction over the complaint as it had been lodged by an EULEX employee. One further complaint was struck out of the list of cases.

The Panel communicated two cases to the EULEX Head of Mission, asking for his observations on their admissibility and merits. One of them was lodged by a relative of a person missing since 1999. The complainant submits that EULEX has failed to conduct an effective investigation into her relative’s disappearance. The other case concerns an investigation carried out by an EULEX prosecutor.

In two cases, the complainants asked for the re-examination of their complaints.  The Panel concluded that there were no grounds to re-examine as the complainants failed to point at any new evidence.

All decisions will be published on the Panel’s website upon translation into the Albanian and Serbian languages.

The next Panel session is scheduled to take place in the second half of January 2015.

There are currently 43 cases pending before the Panel. 25 of them have been communicated to the parties for obeservations on their admissibility and merits; two have been declared admissible. The remaining cases are under review.

For further information on the Panel and its case-law please visit www.hrrp.eu.

 Notes to the editor;
The Human Rights Review Panel (Panel) for EULEX Kosovo, as an independent accountability mechanism for alleged violations of human rights,  reviews complaints from any person claiming to be the victim of human rights violations by EULEX Kosovo in the conduct of its executive mandate. The Panel is not a judicial or disciplinary body. The mechanism will solely look into whether a violation of human rights occurred or not and formulate recommendations for remedial action. Such action does no include monetary compensation.  The Panel is independent in the exercise of its functions which it performs with impartiality and integrity.