Human Rights Review Panel - 25th Session

Press Release
Number              02-2015
Date                   15.05.2015
Contact              John Ryan

From 20 to 22 April 2015 the Human Rights Review Panel (the Panel) held its 25th session.  

In the case X and 115 other complainants against EULEX the Panel found that EULEX Kosovo violated the complainants’ right to an effective remedy guaranteed under Article 13 of the European Convention on Human Rights. The complaint was brought by 116 Roma internally displaced persons (IDPs) who were displaced during the 1999 conflict and re-located in a number of IDP camps. The Panel found that EULEX’s failure to initiate an investigation into alleged violations of the complainants’ rights compromised their ability to obtain an effective remedy for the harm which they had suffered. The Panel also made recommendations to the Head of Mission for remedial measures.

The Panel gave a joint decision in cases lodged by ten Serbian citizens, who were arrested and allegedly beaten by the Kosovo Police officers when they attended Christmas celebrations in Gračanica/Graçanicë Monastery in 2013. The Panel considered that EULEX did all what could be possible in the circumstances and that the situation complained of did not amount to a violation of the complainants’ right which could be attributable to EULEX.

Five other cases were found inadmissible. In three of them the Panel declared that it lacked jurisdiction to examine them, as they concerned proceedings before Kosovo courts. 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 the complaint premature, as the proceedings complained of were still pending.

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 mid-June 2015.

There are currently 29 cases pending before the Panel. 15 of them have been communicated to the parties for observations on their admissibility and merits. In two the Panel made recommendations for remedial measures to the Head of Mission and is awaiting his reply. 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.