The UN Mission in Kosovo's (UNMIK) accountability for the deaths of two young men during a demonstration two years ago will finally be investigated by a public hearing in June, reports Amnesty International.
Kosovar Albanians Mon Balaj and Arben Xheladinaj were killed during a Vetëvendosje demonstration in the capital city of Prishtina on 10 February 2007. Two other demonstrators, Zenel Zeneli and Mustafë Nerjovaj were seriously injured.
The incident happened when members of a Romanian Formed Police Unit under the control of UNMIK police fired rubber bullets at demonstrators.
The hearing will be conducted by the Human Rights Advisory Panel (HRAP). Introduced by law in March 2006, the HRAP's purpose is to provide remedies for acts and omissions by UNMIK. It does not have powers to initiate a criminal investigation, but may recommend to UNMIK that such an investigation be initiated.
An internal UNMIK investigation in 2007 found that the cause of death of the protesters was the improper use of rubber bullets by unknown members of the Romanian police unit.
By the time these conclusions had been drawn, members of the police unit had been repatriated. There has been no independent criminal investigation by the Kosovar authorities.
An investigation by a military prosecutor in Romania was unable to identify the perpetrators.
The public hearing in a case brought against UNMIK by the families of the victims was initially due to be heard by the Human Rights Advisory Panel (HRAP) on Thursday 19 March.
The families alleged that the killings and serious injuries, as well as the lack of an effective investigation, constituted violations of the right to life, the prohibition of torture and inhuman treatment, the right to peaceful assembly, the right to a fair trial and the right to an effective remedy.
The families alleged that UNMIK had failed to bring to justice members of the Romanian Formed Police Unit who had been found by an internal UNMIK investigation in 2007 to have caused the death of two men, and injured the two others through the improper use of rubber bullets.
According to a press release issued by the HRAP on 19 March 2009, "After having received notice from UNMIK on 17 March 2009 that for security reasons the authorization to hold a public hearing in the Cinema Hall of the former UNMIK HQ on 19 March 2009 was revoked, the Panel decided to proceed with a hearing closed to the public". The EU Rule of Law Mission (EULEX) who now occupy the building, were said to have concurred.
The families of the victims were unhappy about the decision and instructed their lawyers to make a request to adjourn the hearing until it could be heard in public. This application was successful, and the HRAP decided that a public hearing would take place on 4 June.
Amnesty International has repeatedly called for UNMIK to be held accountable to the citizens of Kosovo for the unlawful killings and serious injuries resulting from the apparent excessive use of force and firearms by UNMIK police on 10 February 2007.
The organization has said that UNMIK should be held accountable in a manner that is both transparent and in accordance with international standards of fairness.
UNMIK, which remains in Kosovo under UN Security Council Resolution 1244/99, was mandated to re-establish the rule of law and respect for human rights in Kosovo. Amnesty International considers that the UN and contributing countries must ensure that all those responsible for human rights violations, criminal or other wrongful conduct should be held accountable, including through criminal prosecution, where appropriate.
Amnesty International has noted that UNMIK has over the past months sought to derail the hearing in this case, including by continuing to argue that the case was inadmissible, although HRAP had already ruled it admissible on 6 June 2008.
The incident happened when members of a Romanian Formed Police Unit under the control of UNMIK police fired rubber bullets at demonstrators.
The hearing will be conducted by the Human Rights Advisory Panel (HRAP). Introduced by law in March 2006, the HRAP's purpose is to provide remedies for acts and omissions by UNMIK. It does not have powers to initiate a criminal investigation, but may recommend to UNMIK that such an investigation be initiated.
An internal UNMIK investigation in 2007 found that the cause of death of the protesters was the improper use of rubber bullets by unknown members of the Romanian police unit.
By the time these conclusions had been drawn, members of the police unit had been repatriated. There has been no independent criminal investigation by the Kosovar authorities.
An investigation by a military prosecutor in Romania was unable to identify the perpetrators.
The public hearing in a case brought against UNMIK by the families of the victims was initially due to be heard by the Human Rights Advisory Panel (HRAP) on Thursday 19 March.
The families alleged that the killings and serious injuries, as well as the lack of an effective investigation, constituted violations of the right to life, the prohibition of torture and inhuman treatment, the right to peaceful assembly, the right to a fair trial and the right to an effective remedy.
The families alleged that UNMIK had failed to bring to justice members of the Romanian Formed Police Unit who had been found by an internal UNMIK investigation in 2007 to have caused the death of two men, and injured the two others through the improper use of rubber bullets.
According to a press release issued by the HRAP on 19 March 2009, "After having received notice from UNMIK on 17 March 2009 that for security reasons the authorization to hold a public hearing in the Cinema Hall of the former UNMIK HQ on 19 March 2009 was revoked, the Panel decided to proceed with a hearing closed to the public". The EU Rule of Law Mission (EULEX) who now occupy the building, were said to have concurred.
The families of the victims were unhappy about the decision and instructed their lawyers to make a request to adjourn the hearing until it could be heard in public. This application was successful, and the HRAP decided that a public hearing would take place on 4 June.
Amnesty International has repeatedly called for UNMIK to be held accountable to the citizens of Kosovo for the unlawful killings and serious injuries resulting from the apparent excessive use of force and firearms by UNMIK police on 10 February 2007.
The organization has said that UNMIK should be held accountable in a manner that is both transparent and in accordance with international standards of fairness.
UNMIK, which remains in Kosovo under UN Security Council Resolution 1244/99, was mandated to re-establish the rule of law and respect for human rights in Kosovo. Amnesty International considers that the UN and contributing countries must ensure that all those responsible for human rights violations, criminal or other wrongful conduct should be held accountable, including through criminal prosecution, where appropriate.
Amnesty International has noted that UNMIK has over the past months sought to derail the hearing in this case, including by continuing to argue that the case was inadmissible, although HRAP had already ruled it admissible on 6 June 2008.
Comments (4)
Owen
said:
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... Shqiptar, the Mothers of Srebrenica have brought a civil law action against the United Nations in the District Court at The Hague in relation to the United Nations's failure to protect their relatives at Potocari. The Court found that the United Nations has absolute immunity. The Mothers are appealing the judgment. More at http://www.vandiepen.com/en/in...eases.html |
Shqiptar
said:
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... Is there any legal precedent of complaint against UN in Hague? Mind you of the AI statement of 15 feb, 2007: The police members might be accountable for illegal execution; as well as the HRAP panel chief R Deans conclusions, that they (ie the police members of the Romanian unit acting under UN supervision) had made themselves accountable for murder, attempted murder, causing bodily harm, etc. Do we have any lawyer among us to share some light into this? |
Sebaneau
said:
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... U.S. diplomats back Karadžić's claim of immunity deal By Marlise Simons, International Herald Tribune, 22 March 2009 PARIS: Every time Radovan Karadžić, the onetime Bosnian Serb leader, appears in court on war crimes charges, he hammers on one recurring claim: A senior American official pledged that he would never be standing there. The official, Richard C. Holbrooke, now a special representative on Afghanistan and Pakistan for the Obama administration, has repeatedly denied having promised Mr. Karadžić immunity from prosecution in exchange for abandoning power after the Bosnian war. But the rumor persists, and different versions have recently emerged that line up with Mr. Karadžić's assertion, including a new historical study of the Yugoslav wars published by Purdue University in Indiana. Charles W. Ingrao, the study's co-editor, said that three senior State Department officials, one of them retired, and several other people with knowledge of Mr. Holbrooke's activities had told him that Mr. Holbrooke had assured Mr. Karadžić in July 1996 that he would not be pursued by the war crimes tribunal in The Hague if he left politics. ... http://www.iht.com/articles/20...bosnia.php |
bluerose799
said:
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... Since the beginning the mission of UNMIK was to help the PREDATORS, not the PREY. The assassination of those two peaceful Dardanian Kosovars, by cold blood UNMIK killers is only the TIP of the ICEBERG. Working hard to accomplish their mission, UNMIK denied the most legitimate rights of Dardanian Kosovars. UNMIK expelled most of Kosovars from their own homes at North Mitrovica, by not stopping, but in cowardice silence and full complicity, giving the opportunity to the most fearsome Serbian Paramilitary to Steal, Beat, Torture and Kill the autochthon Dardanian Kosovars of North Mitrovica. Terrorize them, and force them to run for their lives away from their homes. This happen under the nose of France troops. UNMIK allowed Serbian criminals to occupy North Mitrovica. Those paramilitary Serbs with blood on their hands, coming from other parts of Kosova, Bosnia, Croatia, name it, are continuing their criminal activity still today, undisturbed, under the nose of the France troops of N.A.T.O contingent. UNMIK allowed Serb prisoners, charged with genocide and with war crimes to escape in North Mitrovica. With the help of UNMIK, Mr Gerard Gallucci, General Xavier Bout de Marnhac and Company, on March 2008 Serbia partitioned North Mitrovica from Kosova. The most evident symbol of this UNMIK-Serbian cooperation is the “La Dolce Vita Bar”, owned and operated by most fearsome Serbian Paramilitaries under the nose of France troops of N.A.T.O contingent. This friendship started since the beginning, with the France troops allowing 53 feet long “REFRIGERATED TRAILERS” with massacred Kosovars bodies to go through North Mitrovica to Serbia, unnoticed and unchecked. What would happen if there would be only a slight suspicion for a French dead body among thousand of innocent Kosovars civilians dead bodies. Of course they will act completely differently. UNMIK allowed the Secret Services of different army and police forces from Serbia in last couple of years to have installed around 2500-3000 well trained soldiers in different parts of Kosovo. Those formations have strong logistics not only in northern Kosovo (part with dominant Serbian population), but they are also present in other parts of Kosovo.These Serbian formations are not proclaiming themselves as army and they have no uniforms or symbols. On the other hand, they are well armed; they prepare destabilization scenarios and continuously provoke Kosovo’s legal authorities. Their role in the destabilization scenario directly surfaced during the latest events involving the international mission EULEX in Kosovo. With the great support of the UNMIK, most of the Serbian Kosovars not only refuse to Integrate in the Kosova Society, but they are working hard to Destabilize and cause the Disintegration of the Kosova Society. UNMIK was wrong, is wrong and GOT TO GO NOW. |
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