On Tuesday 12th May, the Human Rights Advisory Panel announced the cancellation of the public hearing for the case of the 10th February 2007, scheduled for 4th June. The reason given by the Panel was that the SRSG said his legal representatives "would not be able to attend the hearing under the procedure envisaged by the Panel and that he intends to adopt an Administrative Direction which would clarify the nature of a public hearing before the Panel".
The SRSG asked that the current date of 4th June be re-scheduled, the assumption being that the new date would occur after the publication of the Administrative Direction, at which point he would allow his lawyers to attend. The SRSG informed the Panel that the character of the public hearing would be altered so that it dealt more with factual enquiries, rather than "a full exchange of views concerning the facts and the applicablelaw." At all costs, UNMIK has tried to avoid the appearance or possibility of this hearing becoming a trial. In response, the Panel decided that the hearing "no longer serves the interests of justice". As a result of the SRSG's interference, the case will be reviewed by the Panel without any hearing at all. This entire debate occurred verbally, without legal documentation, without transparency.
One day prior to the public hearing originally scheduled for 19th March, the Panel decided to hold a private session, because UNMIK and EULEX, (the EU's largest ever law and order mission), announced that due to security concerns, they could not guarantee the security of a public hearing, in any venue in Kosova. The cause for these "security concerns" was never clarified. In the session held by the Panel on 19th March to review the families' insistence on a public hearing,
UNMIK's legal representative stated, "We are not opposed to a public hearing, but a suitable venue needs to be found." Furthermore, when the Panel ruled that the hearing would be public and scheduled it for 4th June, UNMIK's legal representative agreed pending travel arrangements. At no point was the nature of a public hearing questioned before or during this session on 19th March.
Now suddenly, in the middle of the case the SRSG has advised the Panel verbally that his lawyers will not attend and that he is going to change the nature of the public hearing by an Administrative Direction. In effect, the SRSG is changing the rules of the game, while it is being played. This is a clear abuse of procedural justice, the behavior expected of an absolute monarchy or dictatorship, and the consequence of giving unaccountable international organizations ultimate judicial, executive and legislative power. Instead of refusing to countenance such political interference, the Human Rights Advisory Panel accepted the SRSG's decision, thus allowing its already fragile independence to be fatally undermined. Instead of struggling in the interests of justice for a full and public hearing, as the Panel itself decided was required in this case,
the Panel has allowed UNMIK to bully it into canceling the hearing altogether. The Panel cannot investigate human rights violations by UNMIK, if UNMIK can arbitrarily interfere whenever it sees fit in the Panel's procedures. This makes a mockery of the Panel and reveals UNMIK's total disrespect for the rights of Kosova's citizens.
The SRSG's interference has reminded us that UNMIK is above and beyond the law. By refusing the families the moral right to a public hearing in front of the Panel, having already denied them all other legal options, UNMIK is playing a shameless game with the dignity of the families who have already suffered too much at its hands. UNMIK's fear of a public hearing, demonstrated in March, when the hearing was delayed, and now in May, when it has been cancelled, indicates ever more clearly UNMIK's guilt for the death of Mon Balaj and Arben Xheladini and the injury of over 80 other protestors.
UNMIK arrests the truth: Extracts from statement by the families and the injured of 10th February
"The families of Arben Xheladini and Mon Balaj, who were both killed on 10th February 2007 and Zenel Zeneli and Mustaf Nerjova who were seriously injured are totally disillusioned with the legal proceedings of the Human Rights Advisory Panel for the case of 10th February."
"We as a family have used all the available channels to seek justice for the death of our loved ones. However UNMIK is constantly closing these channels to us with its absolute judicial, political and administrative power. Instead of being committed to seeking a trial of the Romanian police who killed Mon and Arben, UNMIK is punishing us, the damaged party, by denying us the right to learn the truth."
"We invite Kosova's institutions again publicly to work toward revealing the truth about the murder of our sons. UNMIK was directly involved in Mon and Arben's deaths, so naturally it is keen to ensure that the truth of its crime never be learned by Kosova's people. Kosova's institutions should be on the other side - the side of its people. Mon, Arben and the others who were injured were all people of Kosova."
"We have continually demanded that our case be heard in public, so that the people of Kosova can enjoy at least some form of justice, as we have been denied all other alternatives. This continues to be our demand and we refuse to submit to any political interference or arbitrary decision of the SRSG. We insist on justice."
Chronology of 10th February case so far 10.2007, Mr. Sylejmani submits complaint to Human Rights Advisory Panel (HRAP)
One day prior to the public hearing originally scheduled for 19th March, the Panel decided to hold a private session, because UNMIK and EULEX, (the EU's largest ever law and order mission), announced that due to security concerns, they could not guarantee the security of a public hearing, in any venue in Kosova. The cause for these "security concerns" was never clarified. In the session held by the Panel on 19th March to review the families' insistence on a public hearing,
UNMIK's legal representative stated, "We are not opposed to a public hearing, but a suitable venue needs to be found." Furthermore, when the Panel ruled that the hearing would be public and scheduled it for 4th June, UNMIK's legal representative agreed pending travel arrangements. At no point was the nature of a public hearing questioned before or during this session on 19th March.
Now suddenly, in the middle of the case the SRSG has advised the Panel verbally that his lawyers will not attend and that he is going to change the nature of the public hearing by an Administrative Direction. In effect, the SRSG is changing the rules of the game, while it is being played. This is a clear abuse of procedural justice, the behavior expected of an absolute monarchy or dictatorship, and the consequence of giving unaccountable international organizations ultimate judicial, executive and legislative power. Instead of refusing to countenance such political interference, the Human Rights Advisory Panel accepted the SRSG's decision, thus allowing its already fragile independence to be fatally undermined. Instead of struggling in the interests of justice for a full and public hearing, as the Panel itself decided was required in this case,
the Panel has allowed UNMIK to bully it into canceling the hearing altogether. The Panel cannot investigate human rights violations by UNMIK, if UNMIK can arbitrarily interfere whenever it sees fit in the Panel's procedures. This makes a mockery of the Panel and reveals UNMIK's total disrespect for the rights of Kosova's citizens.
The SRSG's interference has reminded us that UNMIK is above and beyond the law. By refusing the families the moral right to a public hearing in front of the Panel, having already denied them all other legal options, UNMIK is playing a shameless game with the dignity of the families who have already suffered too much at its hands. UNMIK's fear of a public hearing, demonstrated in March, when the hearing was delayed, and now in May, when it has been cancelled, indicates ever more clearly UNMIK's guilt for the death of Mon Balaj and Arben Xheladini and the injury of over 80 other protestors.
UNMIK arrests the truth: Extracts from statement by the families and the injured of 10th February
"The families of Arben Xheladini and Mon Balaj, who were both killed on 10th February 2007 and Zenel Zeneli and Mustaf Nerjova who were seriously injured are totally disillusioned with the legal proceedings of the Human Rights Advisory Panel for the case of 10th February."
"We as a family have used all the available channels to seek justice for the death of our loved ones. However UNMIK is constantly closing these channels to us with its absolute judicial, political and administrative power. Instead of being committed to seeking a trial of the Romanian police who killed Mon and Arben, UNMIK is punishing us, the damaged party, by denying us the right to learn the truth."
"We invite Kosova's institutions again publicly to work toward revealing the truth about the murder of our sons. UNMIK was directly involved in Mon and Arben's deaths, so naturally it is keen to ensure that the truth of its crime never be learned by Kosova's people. Kosova's institutions should be on the other side - the side of its people. Mon, Arben and the others who were injured were all people of Kosova."
"We have continually demanded that our case be heard in public, so that the people of Kosova can enjoy at least some form of justice, as we have been denied all other alternatives. This continues to be our demand and we refuse to submit to any political interference or arbitrary decision of the SRSG. We insist on justice."
Chronology of 10th February case so far 10.2007, Mr. Sylejmani submits complaint to Human Rights Advisory Panel (HRAP)
- 6.06.2008, HRAP declares case admissible
- 29.10.2008, HRAP confirms hearing will be public
- 12.03.2009, HRAP confirms hearing to be inside EULEX HQ
- 18.03.2009, HRAP distributes press release stating that for security reasons the hearing will be private and inside UNMIK HQ. 19.03.2009, HRAP agrees, in response to the request of the families,
- to adjourn the hearing until 4th June 2008, and to hold it in public.
- 12.05.2009 HRAP cancels hearing on 4th June in response to SRSG's
- stated intention to change the character of the Panel's public
- hearings with an Administrative Order
- 13.05.2009 Families state their intention to continue to demand a public hearing
Lëvizja VETËVENDOSJE! movement opposes international administration in Kosovo.
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