Press Release - Human Rights Review Panel

Number: 01-2022
Date: 02 September 2022

The Human Rights Review Panel, (the Panel) held its 54^thsession in person on 5-7 July 2022, and continued the session on 18 August 2022, when it deliberated via electronic means.

During the session, the Panel considered four (4) cases:

1. Case No. 2011-20 X. and 115 Others against EULEX. On 18 August 2022, the Panel adopted its Fifth Decision on the Implementation of the Recommendations of the Human Rights Review Panel. In its Decision, the Panel noted that the complainants have yet to be provided with an adequate remedy and reparation for the violation of their rights, and reiterated its invitation to EULEX to conduct a full review of the means available to the Mission to remedy the violation of the complainants’ rights in an effective manner and to report to the Panel on the measures which it proposes to adopt to do so.

2. Case No. 2016-29 Slađana Savić against EULEX. On 18 August 2022, the Panel adopted its Decision on Admissibility and Merits. In its Decision, the Panel determined that EULEX had failed to conduct an effective investigation into the disappearance of the complainant’s close family member and had failed to keep the complainant informed. As a result, the Panel determined that the Mission was responsible for a violation under the procedural limb of the complainant’s right to life as guaranteed by Article 2 of the European Convention on Human Rights, and for a violation of the complainant’s right to freedom from inhuman or degrading treatment, as guaranteed by Article 3 of the European Convention on Human Rights. The Panel made several recommendations to the Head of Mission of EULEX, including to inquire with the authorities what steps are being taken to investigate this case, and to emphasize with authorities the importance of victim’s rights to the truth and to be informed of the general course of the investigation. The Panel also invited the Head of Mission to reach out to the complainant with a view to finding a remedy for the violation of her rights. The Mission’s implementation of those recommendations is pending.

3.Case No. 2018-01 Y.B.2 against EULEX. On 6 July 2022, the Panel adopted its Decision on the Implementation of the Panel’s Recommendations. In its Decision, the Panel noted that the Head of Mission of EULEX had declined to issue a public declaration acknowledging the violation of the complainant’s rights. The Panel regretted this failure to implement the recommendation of the Panel, but decided that it would not be fruitful to repeat its recommendation. The Panel decided to close the examination of the case.

4.Case No. 2019-02 Driton Hajdari and Teuta Bici-Hajdari against EULEX. On 7 July 2022, the Panel declared this case inadmissible, because it fell outside the scope of jurisdiction of the Panel.

The Decisions of the Panel, the Rules of Procedure and its Annual Reports are published on the website of the Panel in the English, Albanian and Serbian languages: 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 not include monetary compensation. The Panel is independent in the exercise of its functions which it performs with impartiality and integrity.