Press Release - Human Rights Review Panel

Number 03-2021
Date: 25 May 2021

Press Release - Human Rights Review Panel

The Human Rights Review Panel, (the Panel) held its 50th session on 29 April 2021. The Panel deliberated via electronic means.

During the session the Panel considered three (3) cases:

1. Case no. 2016-09 Slobodan Trifunović against EULEX. On 29 April 2021, the Panel adopted a Follow-Up Decision on the implementation of the recommendations of the Human Rights Review Panel. As a preliminary matter, the Panel noted that that the rights of the complainant in the present case appear to still be violated as the case of his missing relative remains un-investigated. The Panel considered that the steps thus far taken or proposed by the Mission in order to address the Panel’s findings and recommendations do not provide an adequate or effective response to the violation of the rights of the complainant. The Panel invited the Mission to consider once again the Panel’s recommendations that have not been complied with, and to inform the Panel of the result of those considerations. The Panel further invited the Mission to adopt measures in response to the Panel’s recommendations that truly reflect the depth of the Mission’s commitment to upholding human rights standards and to repair the serious harm caused to the complainant in this case. The Panel decided to keep the present case open for possible further follow-up.

2. Case no. 2016-10 Dragiša Kostić against EULEX.On 29 April 2021, the Panel adopted a Follow-Up Decision on the implementation of the recommendations of the Human Rights Review Panel. As a preliminary matter, the Panel noted that that the rights of the complainant in the present case appear to still be violated as the case of his missing relative remains un-investigated. The Panel considered that the steps thus far taken or proposed by the Mission in order to address the Panel’s findings and recommendations do not provide an adequate or effective response to the violation of the rights of the complainant. The Panel invited the Mission to consider once again the Panel’s recommendations that have not been complied with, and to inform the Panel of the result of those considerations. The Panel further invited the Mission to adopt measures in response to the Panel’s recommendations that truly reflect the depth of the Mission’s commitment to upholding human rights standards and to repair the serious harm caused to the complainant in this case. The Panel decided to keep the present case open for possible further follow-up.

3. Case No. 2019-01 G.T. against EULEX. On 29 April 2021, the Panel adopted a Follow-Up Decision on the implementation of the recommendations of the Human Rights Review Panel. The Panel noted that the Mission had followed and implemented some but not all of the Panel’s recommendations. In particular, the Panel considered that the Mission had failed to acknowledge the violation of the complaint’s rights and had failed to contact the complainant directly with regard to establishing the need for additional security arising from the complainant’s testimony in Serbia. The Panel invited the Mission once again to comply with these two recommendations. Furthermore, the Panel noted that the responsibility to provide an effective remedy for violations of rights committed by the Mission is and remains firmly with the Mission itself. To the extent that the Mission, through the Head of Mission, is unable or unwilling to fully and completely adopt the remedial recommendations of the Panel, it remains its responsibility to find alternative means and methods of relief that provide an effective remedy for the violations that it is found to have committed. The Panel decided to keep the present case open for possible further follow-up.

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.