Human Rights Review Panel - 35th Session

Press Release
Number              04-2017
Date                   20.10.2017
Contact              John J Ryan

The Panel held its 35th session from 16 to 18 October, 2017. The Panel issued ten (10) inadmissibility decisions.

The Panel disclosed that there was non-disclosure of the full submissions of EULEX Kosovo to the complainant in the Admissibility Decision taken in Case no. 2011-27 F and Others by the Human Rights Review Panel on 13 June, 2017. This non-disclosure of the full submissions was decided upon on the basis that:  “publication could adversely affect the operational effectiveness of the Mission or the security of the Mission’s personnel”, Para D, (11) Accountability Concept EULEX Kosovo - Human Rights Review Panel refers.

The Panel held that Case Nos. 2016-06 and 2017-04, Uka Against EULEX, were inadmissible in that they fell outside its jurisdiction and also because they did not comply with the six-month time limit for the filing of a complaint with the Panel, stipulated by Article 25(3) of the Panel’s Rules of Procedure, (RoP).

The Panel declared Case No. 2016-07, Qela Against EULEX inadmissible because it fell outside the jurisdiction of the Panel, Article 29(d), and also because it had been filed outside the six-month time limit referred to above and that it was also manifestly ill-founded, Article 29(e), RoP.

The Panel held that Case Nos. 2016-08, Hasani Against EULEX; 2016-25, Krasniqi Against EULEX; 2016-26, T.G. Against EULEX; 2016-27 Islami Against EULEX; 2016-33, Bytyci Against EULEX; 2016-36, Statovci Against EULEX and 2017-03, Bobaj Against EULEX fell outside the competence of the Panel because the Panel does not have competence to review judicial proceedings before the courts in Kosovo.

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

There are currently thirty (30) complaints pending before the Panel.

Publication of Panel cases by the European Court of Human Rights - Other Jurisdictions case - law section:

The recent enforced disappearance decisions of the Panel in Cases D.V., E.V., G.T., Veselinovic., H.S. and I.R. v. EULEX - nos. 2014-11 to 2014-17, and the case of Rejhane Sadiku-Syla v. EULEX - no. 2014-34 were published in the Information Note of the European Court of Human Rights on the Court’s case-law in its August-September, 2017 edition.

Website: European Court of Human Rights on the Court’s case-law in its August-September, 2017 edition:

http://www.echr.coe.int/Pages/home.aspx?p=caselaw/analysis&c=#n1347528850996_pointer.

The Panel also held a meeting with Ms. Alexandra Papadopoulou, Head of Mission EULEX during its recent session on Tuesday 17 October 2017.

The next session of the Panel is scheduled to take place from 4 to 6 December, 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.