Human Rights Review Panel - 34th Session

Press Release
Number              03-2017
Date                   14.06.2017
Contact              John J Ryan

The Human Rights Review Panel, (Panel) held its 34th session from 12 to 14 June, 2017. The Panel issued one (1) admissibility decision, one (1) decision on the implementation of its recommendations by the Head of Mission, (HoM), and one (1) inadmissibility decision. The Panel also decided to strike out two applications from its list of cases.

In Case No. 2011-27, a case pertaining to the circumstances surrounding the death of a person who gave evidence in a criminal case concerning charges of war crimes, the Panel declared the complaint to be admissible under the terms of Articles 2 and 3 of the European Convention on Human Rights and Fundamental Freedoms (respectively, right to life; right not to be subject to torture, inhuman or degrading treatment or punishment).

The Panel held in Case No. 2013-21, Thomas Rusche Against EULEX, that the HoM had implemented its recommendations in part only because the HoM did not implement its recommendation to make a declaration to acknowledge that the circumstances of the case amounted to a breach of the rights of the complainant which were attributable to EULEX in the performance of its executive mandate. The Panel, nonetheless, decided to close the examination of the case. This case pertains to the alleged embezzlement of the property of the complainant and allegations of rights violations arising from this.

The Panel held in Case No. 2015-02, Ramadan Hamza Against EULEX, that the complaint was inadmissible in accordance with Rule 25 (1) of its Rules of Procedure as well as the OPLAN of EULEX Kosovo as it pertained to alleged violations of his rights in the context of judicial proceedings before Kosovo Courts over which the Panel has no jurisdiction.

In Case No. 2015-14, Miodrag Konic Against EULEX and in Case No. 2015-16, Vuleta Vostic Against EULEX, the Panel decided to strike the applications from its list of cases in accordance with Rule 29 bis paragraph 1(1) of its Rules of Procedure:
Rule 29 bis. Striking out the complaint

  1. The Panel may at any stage of the proceedings decide to strike a complaint out of its list of cases where the circumstances lead to the conclusion that

(1) The complainant does not intend to pursue his or her complaint;

In these instances, the Panel was not able to establish proper communications with the complainants.

The decisions of the Panel are published on the website of the Panel in the English, Albanian and Serbian languages:

There are currently thirty six (36) complaints pending before the Panel.

The Panel held meetings with Ms Marianne Fennema, Head, Human Rights and Legal Office, EULEX Kosovo as well as with Ms Katja Dominik, Head, Executive Division, EULEX Kosovo on Tuesday 13 June 2017.

The next session of the Panel is scheduled to take place from 6 September to 8 September 2017.

 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.