Serbia Handbook for Legal Aid Providers Final

The opinions of the Advisory Panel will be submitted to the SRSG. The SRSG then decides
whether and how to act on the findings and recommendations of the Advisory Panel. The
decisions and opinions of the Advisory Panel as well as the decisions of the SRSG will be
made public. Previous legal aid projects have been successful in obtaining a decision in
their favour by the HRAP.
Practical Points to keep in mind when presenting cases before the HRAP
Use of Language
The committee has made it clear that they are limited in resources. The Committee will
accept claims and documents in Serbian, Albanian and English. However, in reality the
translation process will slow down the processing of the claim by up to several
weeks/months. It is better to submit claims with translation of supporting documents to
English, if possible, to expedite the process.
Persuasive authority and dicta
The judges of the HRAP indicated that citing the European Convention of Human Rights
articles and case-law of previous similar cases would certainly help the case submitted
before them. Advocates should include as part of their argument such cases and clearly
state which right has been violated according the ECHR.
Relevant case law before the Human Rights Advisory Panel that would be of assistance to
lawyers providing assistance to IDPs as precedential authority includes the case of Miligoric
et al. It is important to note that the HRAP decisions are only advisory, and it does not have
the authority to execute these decisions.
Filing claims against KFOR
In cases involving property occupied by KFOR the process gets very complicated, due to
the immunities from any legal process provided to KFOR under UNMIK Regulation 2000/47.
Each contingent follows its own rules for compensation claims where KFOR has usurped
property. Persons with claims against the larger contingents (e.g. France, U.S., Germany)
will need to file a claim directly with those forces at their main bases.
Client filed a claim at French KFOR HQ for occupation of her shop by French forces. The
claim is forwarded to Paris where a decision on whether to provide compensation is
made. If the client receives an unfavorable verdict, she can appeal to a three (3) person
panel comprised of a local, a representative of French KFOR and a representative from
the French government. The panel is advisory and must be unanimous in order for their
decision to be sent to Paris. Unfortunately, the French government rep is duty bound to
follow instructions from HQ in Paris.
Clients who have claims against smaller contingents (e.g. Czech) will need to have his/her
claim filed at the KFOR headquarters located in “Film City” in Pristina. The office is called
the “Izmir” building and is located at the entrance to the compound. Further information for
property claims with KFOR at 038 503 603 ext 2793, mobile 044/310-185. Other questions
of a legal nature can be addressed to the legal unit of KFOR at ext 2087.
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