Press Release - Human Rights Review Panel

Press Release
Number 03-2019
Date: 19 July 2019

The Human Rights Review Panel, (the Panel) held its 41^th session on 19 and 20 June 2019.

During the session the Panel considered six cases:

1. Case 2011-27 F. and Others against EULEX. By Decision of 5 December 2017, the Panel determined that EULEX was not responsible for a violation of the complainants’ right to life in its substantive limb, but was responsible for a violation of the complainants’ rights under the procedural limb of the right to life, as guaranteed by Article 2 of the Eu-ropean Convention on Human Rights. In addition, the Panel determined that EULEX was responsible for a violation of the complainants’ right to freedom from torture, in-human or degrading treatment, as guaranteed by Article 3 of the European Convention on Human Rights. The Panel made two recommendations to the Head of Mission of EULEX. On 19 June 2019, the Panel adopted its Follow-Up Decision on the implementation of the recommendations of the Human Rights Review Panel. In its Decision, the Panel notes that the Head of Mission had fully implemented the Panel’s first recommenda-tion. Regarding its second recommendation, the Panel noted that although the Head of Mission had not formally acknowledging the Mission’s responsibility for the violation of the complainant’s rights, the Head of Mission had taken the valuable step of expressing her deepest sympathy to the complainant on behalf of the Mission. The Panel decided to close the further examination of this case.

2. Case 2016-09 Milorad Trifunović against EULEX. On 19 June 2019, the Panel declared the complaints Admissible and invited the Parties to make submissions on the merits of the complaints.

3. Case 2016-10 Dragiša Kostiić against EULEX. On 19 June 2019, the Panel declared the complaints Admissible and invited the Parties to make submissions on the merits of the complaints.

4. Case 2016-14 Milan Ađančić against EULEX. On 19 June 2019, the Panel declared the complaints Admissible and invited the Parties to make submissions on the merits of the complaints.

5. Case 2017-02 Zufe Miladinović against EULEX. On 19 June 2019, the Panel determined that EULEX had failed to conduct an effective investigation into the disappearance of the complainant’s 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 Eu-ropean Convention on Human Rights.

6. Case 2018-03 E.V. against EULEX. On 19 June 2019, the Panel declared this complaint In-admissible because it fell outside the scope of jurisdiction of the Panel and was mani-festly ill-founded.

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 viola-tions 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.