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Indpendent Agencies Report - Alb, Ser, Eng.pdf - QKSS

Indpendent Agencies Report - Alb, Ser, Eng.pdf - QKSS

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with the Ombudsperson, as they constitute potential violations of human rights or abuses of<br />

authority. 338<br />

11. Kosovo Security Force<br />

Under present legislation, the tasks of the Kosovo Security Force (KSF) are (i) to organize crisis response<br />

operations, (ii) to assist civil authorities in responding to natural and other disasters and emergencies,<br />

(iii) to dispose of explosive ordnance and, (iv) to assist civil authorities through civil protection<br />

operations. 339 While exercising these tasks, actions taken by the KSF may also constitute human rights<br />

violations or result in abuse of authority, e.g. by unlawfully taking or damaging private property or<br />

disproportionally restricting the freedom of movement of persons during crisis response or civil<br />

protection operations. Thus, actions taken by the KSF may also be classified as actions affecting third<br />

parties, as well as actions affecting the status and employment rights of KSF staff. Actions taken by the<br />

KSF, which affect third parties, may result in disciplinary proceedings against individual KSF<br />

members. 340 Such procedures may be initiated through a complaint by KSF members and/or any<br />

involved citizens in accordance with the Disciplinary Code of the Kosovo Security Force. 341 Complaints<br />

of individual KSF members, with regard to decisions affecting their status and employment rights, are<br />

dealt with separately in accordance with Regulation No. 09/2008 on Redress of Complaints for the<br />

Kosovo Security Force. 342<br />

12. Kosovo Security Council<br />

In principle, the Kosovo Security Council has no executive powers, as it is mainly a forum for reviewing<br />

and developing security sector related policies and strategies. 343 Exceptionally, however, when the<br />

President of Kosovo declares a State of Emergency, the Kosovo Security Council is vested with executive<br />

authority. 344 In this capacity, the Kosovo Security Council is authorized to take all actions necessary to<br />

338 UNMIK Regulation No. 2006/6, Section 3<br />

339 Law on the Kosovo Security Force, Article 10.2<br />

340 Ibid, Article 14.1<br />

341 Kosovo Security Force Disciplinary Code No. 04/2008, Article 5.<br />

342 Ibid, , Article 15.2.<br />

343 Ibid, Article 2.<br />

344 Ibid, Article 13.1.<br />

94

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