Press Release - Human Rights Review Panel

Press Release
Number 02-2020
Date: 12 June 2020

The Human Rights Review Panel, (the Panel) held its 45^th session on 4 June 2020. The Panel deliberated via electronic means.

During the session the Panel considered four cases:

1. Case 2016-17 Milijana Avramovic against EULEX. On 4 June 2020, the Panel determined that EULEX had failed to conduct an effective investigation into the disappearance of the complainant's family member and had failed to keep the complainant informed. As a result, the Panel determined that the Mission was responsible for a violation under the procedural limb of the complainant's right to life as guaranteed by Article 2 of the European Convention on Human Rights, and for a violation of the complainant's right to freedom from inhuman or degrading treatment, as guaranteed by Article 3 of the European Convention on Human Rights. The Panel also determined that the Mission was responsible for failing to provide the complainant with an effective remedy in violation of Article 13 of the Convention. The Panel made several recommendations to the Head of Mission of EULEX, including to inquire with the authorities what steps are being taken to investigate this case, and to emphasize with authorities the importance of victim's rights to the truth and to be informed of the general course of the investigation. The Panel also invited the Head of Mission to reach out to the complainant with a view to finding a remedy for the violation of her rights. .

2. Case 2016-23 Q.J. against EULEX. On 4 June 2020, the Panel declared the complaints admissible and invited the Parties to make submissions on the merits of the complaints. The complaint concerned the disappearance of a family member of the complainant and the investigation into this disappearance.

3. Case 2016-28 S.H. against EULEX. On 4 June 2020, the Panel rejected the request of the Head of Mission of EULEX for a revision of its findings based upon the amended Rule 43 of the Panel's Rules of Procedure. The Panel determined that the new fact presented by the Mission in support of its application for revision did not materially affect the Panel's finding that EULEX had failed to keep the complainant informed of its investigation into the disappearance of his family member. As a result, the Panel confirmed its Decision and Findings of 11 September 2019 and reiterated its recommendations to the Head of Mission of EULEX, including to inquire with the authorities what steps are being taken to investigate this case, and to emphasize with authorities the importance of victim's rights to the truth and to be informed of the general course of the investigation.

4. Case 2019-01 G.T. against EULEX. On 4 June 2020, the Panel declared the complaints admissible and invited the Parties to make submissions on the merits of the complaints. The complaint concerned the assistance of EULEX to the complainant to testify at a war crimes trial in Serbia, and subsequent threats to the complainant.

The Decisions of the Panel, the Rules of Procedure and its Annual Reports are published on the website of the Panel in the English, Albanian and Serbian languages: 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 not include monetary compensation. The Panel is independent in the exercise of its functions which it performs with impartiality and integrity.