Human Rights Review Panel - 22nd Session

Press Release
Number              04-2014
Date                   15.09.2014
Contact              John J. Ryan

The Human Rights Review Panel (the Panel) held its 22nd session in Pristina from 25 to 27 August 2014.  

In a follow up decision to the case of W against EULEX (concerning EULEX prosecutors who shared the complainant’s witness statement and other personal information with authorities in Serbia) the Panel declared that the EULEX Head of Mission had implemented a majority of the Panel’s recommendations but decided not to implement one.  It decided to close the examination of the case.

In the case Krlić against EULEX the Panel found that EULEX did not violate the complainant’s rights under Article 8 of the European Convention on Human Rights (a right to private life). The complaint was lodged by a Serbian government official who had been denied entry into Kosovo by the EULEX Border Police. The Panel considered that the complainant had not complied with the procedural requirements applying to visits of Serbian officials to Kosovo. It concluded that the EULEX Border Police had acted within their margin of appreciation, and a refusal to allow the complainant entry was justified in the circumstances of the case.

Three other cases were found inadmissible. In two of them the Panel found that it had not been shown that EULEX was involved in any capacity in the matters complained about. The third case concerned proceedings before the Supreme Court of Kosovo. As in many previous cases concerning similar complaints, the Panel found that it has no jurisdiction to review judicial proceedings before the Kosovo courts, even if EULEX judges sit on the bench.  One further complaint was struck out of the list if 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 2000. The complainant submits that EULEX has failed to conduct an effective investigation into her relative’s disappearance. The other case relates to several investigations carried out by EULEX prosecutors.

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 from 10 to 12 November 2014.

For further information on the Panel and its case-law please see

 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.