Human Rights Review Panel - 28th Session

Press Release
Number              05-2015
Date                   17.12.2015
Contact              John Ryan

The Human Rights Review Panel (the Panel) held its 28th session in Pristina from 11 to 13 November 2015.  

The Panel found violations of the complainants’ rights in three cases.

In the case Stanisić against EULEX, relating to a number of criminal investigations, the Panel found that EULEX Prosecutors in charge had failed to keep the complainants informed about their course. Moreover, the complainants were not given any reasons for the prosecutors’ decisions on terminating the cases. Consequently, the Panel declared that EULEX violated the complainants’ right to an effective remedy (Article 13 of the European Convention on the Protection of Human Rights and Fundamental Freedoms (the Convention)).

Case L.O. against EULEX was lodged by a relative of a person missing since 1999. The complainant submitted that EULEX had failed to conduct an effective investigation into her relative’s disappearance. The Panel found that EULEX’s investigative efforts were insufficient and that it had failed to provide adequate and timely information to the complainant regarding this investigation. The Panel declared that EULEX infringed the complainant’s rights under Article 2 (an obligation to investigate cases of suspicious deaths), 3 (with regard to suffering the unknown fate of her relative), 8 (right to respect for private and family life) and Article 13 (right to an effective remedy) of the Convention.

In the case Maksutaj against EULEX, the Panel found that unjustified delays in the criminal investigation against the complainant resulted in a violation of his right to a fair and public hearing within a reasonable time under Article 6 of the Convention. In the Panel’s view, the proceedings were not conducted with necessary diligence and expeditiousness.

In all three cases the Panel made a number of recommendations on remedial measures to the EULEX Head of Mission.

The Panel gave two follow up decisions in cases where it had previously found violations of the complainants’ rights. In the case of X and 115 other complainants against EULEX (lodged by the Roma residents of camps for internally displaced persons) the Panel found that the EULEX Head of Mission had implemented its recommendations in part only and that the right of the complainants to an effective remedy remained affected by the absence of an investigation. The Panel declared that it would continue the examination of the case. In the case Becić against EULEX the Panel found that the Head of Mission had implemented its recommendations and closed the examination of the complaint.

One other case was found inadmissible. 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 February 2016.

There are currently 21 cases pending before the Panel. Seven of them have been communicated to the parties; eight have been declared admissible. 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.