Human Rights Review Panel holds its 15th Session

Press Release
Number              03-2013
Date                   15.04.2013
Contact              John J. Ryan

There were twenty one complaints pending overall at the commencement of the 15th session of the Human Rights Review Panel (Panel) in Pristina on 8 April, 2013. The Panel found a human rights violation of the European Convention on Human Rights (ECHR) by EULEX Kosovo in the implementation of its executive mandate in W. against EULEX, Case No. 2011-07. The complainant alleged that EULEX shared his witness statement with Serbian authorities in contravention of the prohibition of inhuman or degrading treatment, Article 3, ECHR and the right to respect for private and family life, Article 8, ECHR, respectively. The Panel held unanimously that there had been no violation of Article 3 but that there had been a violation of Article 8.

The Panel found four complaints in relation to the alleged human rights violations on Vidovdan day on 28 June 2012 to be admissible. The Panel invited the EULEX Head of Mission (HOM) and the complainants to submit their additional observations on the merits of these cases. The Panel declared a further four cases to be inadmissible and these decisions will be transmitted to the HOM as well as the complainants. All decisions will be published on the Panel’s website upon translation into the Kosovo Albanian and Serbian languages. Furthermore, the Panel decided to communicate four cases to the HOM for his further information and observations.  There is also one case under review and five cases being  translated in addition to one admissible pending case and one pending case that has been communicated to the HOM.   

The Panel conducted meetings with Mr Bernd Borchardt, Head of Mission EULEX Kosovo, Ms Joëlle Vachter,  Deputy Head of Mission, Mr. Charles Smith, President of the Assembly of EULEX Judges, Ms. Jaroslava Novotna, EULEX Chief Prosecutor, Mr Jonathan Ratel, Head of the Special Prosecution Office, SPRK Offices and Ambassador Jean-Claude Schlumberger, Head, OSCE Mission in Kosovo. The meetings were introductory in nature and enabled the Panel to brief interlocutors on its mandate, procedures and operations as well as to discuss issues of mutual concern and interest.

The next Panel session is scheduled to take place from 5 to 7 June 2013 in Pristina.

Please see for further information on the Panel and its case-law.

 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 Psnel is independent in the exercise of its functions which it performs with impartiality and integrity.