Briefing Note

The Human Rights Review Panel (Panel)

Background

The Joint Action establishing EULEX KOSOVO as well as the CONOPS and the OPLAN of the Mission stipulated that the Mission should ensure respect for internationally recognized human rights standards. This should be done by an external accountability mechanism, the Human Rights Review Panel which complements the overall accountability of the Mission, including the Internal Investigation Unit and the Third Party Liability Insurance. Accordingly, the HRRP was established on 29 October, 2009 in accordance with the provisions of the Joint Action.

Members

On 4 May 2010 the EULEX Kosovo Acting Head of Mission, Mr. Roy Reeve, appointed the three selected members to the Panel as follows:

  1. Mr Antonio Balsamo, Italian national,
  2. Ms Magdalena Mierzewska, Polish national and
  3. Mr Francesco Florit, Italian national, (serving EULEX Judge).

The Panel members were appointed for a one year term, renewable. In addition, a substitute member, Ms esma Erterzi, Turkish national, was appointed on 10 January, 2011. She is also a serving EULEX judge who will replace Mr Florit should a conflict of interest arise in connection with his responsibilities as a EULEX Judge.

The HRRP is supported by a permanent secretariat located in the city centre at Rrustem Statovci, No 29, Prishtina.

Mandate

The mandate of the HRRP is to review alleged human rights violations committed by EULEX in the performance of its executive mandate. The HRRP is an independent body which discharges its functions with integrity and impartiality.

Jurisdiction

The HRRP examines complaints relating to alleged violations that occurred since 9 December 2008 in Kosovo.  Complaints must be submitted to the HRRP within three months from 9 June, 2010, when the HRRP became operational or within six months from the date of the alleged violation, whichever is the more favorable to the Complainant.

Procedure

The HRRP reviews complaints based on written information and may receive oral presentations.

Complainant

A complaint may be filed by any person, excluding EULEX personnel, claiming to be victim of a human rights violation by EULEX. The complainant may be represented before HRRP by a lawyer or other representative of his/her choice.

Complaint

The complaint must be written and signed by the complainant. It must contain all relevant information including contact details and the facts of the alleged violation with all available documentary evidence. If earlier decisions in the matter exist, these must be attached to the complaint.

Findings

The HRRP submits its findings to the Head of Mission and, where necessary, makes non-binding recommendations for remedial action. The recommendations may not result in monetary compensation. The findings and recommendations are made public.

 

Relevant Human Rights Conventions, Declarations and other documents

  • The Universal Declaration on Human Rights (1948)
  • The European Convention on Human Rights and Fundamental Freedoms (ECHR, 1950) and the Protocols thereto,
  • The Convention on the Elimination of All Forms of Racial Discrimination (CERD, 1965),
  • The International Covenant on Civil and Political Rights (CCPR, 1966) and the Protocols thereto,
  • The International Covenant on Economic, Social and Cultural Rights (CESR, 1966),
  • The Convention on Elimination of All Forms of Discrimination Against Women (CEDAW, 1979),
  • The Convention Against Torture and Other Cruel, inhumane or Degrading Treatment or Punishment (CAT, 1984), and
  • The International Convention on the Rights of the Child (CRC, 1989)

 

Panel website: www.hrrp.eu


Council Joint Action 2008/124/CFSP of 4 January 2008 as amended by Council Joint Action 2009/445/CFSP of 9 June 2009.