Press Release - Human Rights Review Panel

Press Release
Number              02-2018
Date                   26 May 2018
Contact              John J Ryan

The Human Rights Review Panel, (the Panel) held its 38^thsession from 24 May to 26 May 2018 during which, inter alia, it issued three inadmissibility decisions.

The first case of Hysni Gash against EULEX, Case no. 2017-05 related to the shooting to death of two persons and the attempted killing of several other persons on the terrace of a café in Shtime/Stimlje municipality on 22 April, 2006. The Panel had previously consid-ered part of this complaint in Case no. 2011-22 in which it rendered an inadmissibility decision as pleaded by the complainant under Article 6, Law of the European Convention on Human Rights. The Panel found that the complainant had now failed to establish any reason for the reconsideration of its earlier decision in accordance with Rule 43 (3) of its Rules of Procedure, (ROP) in that the Panel may refuse a request for a revision of its findings if no rea-son exists to warrant their reconsideration. The Panel also found the remainder of the complaint to be manifestly ill founded within the meaning of Article 29 (1) (e) of the ROP and that it also failed to comply with Article 25 (3) of the ROP with regard to compliance with the time limit set down for the filing of such complaints.

The facts of the second case, Feriz Gashi against EULEX, Case no. 2017-06, were similar to the facts outlined above in the case of Hysni Gash against EULEX, Case no. 2017-05 The Panel found that the first part of the complaint was substantially the same as the matter which it had already examined, within the meaning of Rule 29, (1) (a) of its ROP and the complainant had failed to establish any reason for the reconsideration of the decision in accordance with Rule 43(3), as out-lined above. The Panel found that the remainder of the complaint was manifestly ill-founded within the meaning of Article 29, (1) (e) of its ROP, and that the complaint had failed to comply with Article 25(3) of the ROP with regard to the time-limit for filing complaints.

The third case, C.X against EULEX, Case no. 2017-07 related to the participation of the complainant with others in an organized crime group in conjunction with the smuggling of migrants. The Panel found that it lacked competence to examine the complaint, as it as it fell outside its jurisdiction within the meaning of Article 29 (d) of its ROP and that it failed to comply with Article 25(3) of the ROP in relation to the time-limit for the filing of a complaint.

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 twenty five (25) complaints pending before the Panel. Twenty one (21) of those complaints the have been communicated to the Head of Mission for her observations, the remainder are under consideration.

The next session of the Panel has yet to be decided.

 Notes to the editor;
The Human Rights Review Panel (Panel) for EULEX Kosovo, as an independent accountability mechanism for alleged violations of hu-man 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 compensa-tion. The Panel is independent in the exercise of its functions which it performs with impartiality and integrity.