Serbia Handbook for Legal Aid Providers Final

The categories of cases listed below are the common property problems that have been
identified to be affecting the majority of cases. If the IDP client’s case fits into one of these
categories then add that case to the appropriate column. If the case is not within the
identified categories then add the case to the “other” column. Below are short descriptions of
the types of cases that fit within each category:
Post HPD Cases
These involve cases where there’s an unresolved HPD issue (excluding the C vs A cases
for reasons outlined below); these are the cases where there’s been a decision by the
HPCC but no enforcement, or a decision by the HPCC against the client, a re-occupation
after an illegal eviction or some other HPD related problem.
A vs C
A “subgroup” of the Post HPD Cases but differentiated for the following reasons; To date,
none of these cases have been resolved by either the HPD or the KPA. While it’s
straightforward enough for legal aid to push for the enforcement of an HPD decision that
was not executed, this problem is not going to be resolved through the regular channels and
will require serious advocacy at a multi-pronged level. We need to have a clear picture of
exactly how many cases this involves.
KPA
This includes cases were the client has received a decision from the KPA and wishes to
appeal to the Supreme Court, as allowed under the law.
Mass Compensation claims filed in 2004
These refer to the compensation cases that were filed back in 2004 that are on hold in the
Courts.
Compensation Other
These refer to compensation cases that are not within the 18000 that were filed in 2004.
They can include claims for damages following an HPD decision against a known individual
or something similar. We need to differentiate these types of cases from the compensation
18000, which for the most part sued KFOR, UNMIK and other bodies for destruction of
property rather than bulk them together. With proper counseling, a client has a very good
chance of restitution for damages of a property that was illegally occupied.
Fraudulent Transactions
Include all cases where a property was sold through a fraudulent transaction.
Inheritance Cases
Basic inheritance cases.
Expropriation Cases
Cases where IDP properties have been expropriated by the local government in Kosovo and
Metohija.
Cadastral Cases
Registration of property in the Kosovo cadastre or other cadastral issues.
Illegal Occupation
This includes all types of illegal occupation. There are some cases that involve illegal
occupation of property outside of both the KPA and the HPD. These might, for example, be
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