Defence Forces Review 2010

Defence Forces Review 2010KFOR was ultimately excluded from the jurisdiction of the Panel based on its separatemandate under the Resolution.The Panel was duly established through UNMIK Regulation No. 2006/12 of 23 March 2006,on the Establishment of the Human Rights Advisory Panel (the Regulation) as it was deemedto constitute the best mechanism to address the lack of jurisdiction of the Strasbourg Courtor any court over alleged violations of human rights resulting from actions or omissions ofUNMIK. The first Panel members were nominated by the President of the Strasbourg Courton 14 June, 2006 and were appointed by the UNMIK Special Representative of the SecretaryGeneral, (SRSG) on 12 January, 2007. The inaugural session was held from 12 to 16 November,2007 and the Panel was sworn in by the Principal Deputy SRSG on 15 November, 2007. Themandate of the Panel was to examine complaints by individuals or groups of individualsclaiming to be victims of human rights violations by UNMIK. In practice, the Panel is anindependent body which renders advisory non-binding Opinions to the SRSG upon whichhe would be generally expected to act, without constraint. This Panel was the first humanrights complaint and accountability mechanism of its kind to be established by the UN in theexercise of transitional executive authority in a peacekeeping mission.Public InformationThe Panel conducted a public information campaign and engaged in dialogue with variouslocal and international organizations from the outset in order to inform the public at large inKosovo and Serbia about its mandate. This campaign included media interviews with TVand radio, press releases, meetings with civil society, non governmental organizations andinternational organizations and agencies, in particular with those involved in the promotionand protection of human rights in Kosovo. The Panel also designed and produced informationbrochures in the Albanian, Serbian (Latinic and Cyrilic) and English languages, which werewidely disseminated in court houses, court liaison offices as well as legal aid offices, municipalbuildings and government buildings in Kosovo and Serbia.Legislative FrameworkThe Panel may consider complaints of human rights violations under the principle internationalhuman rights instruments. In practice, complaints are primarily based upon the Articles of theECHR and its Protocols. Complaints that have been filed with the Panel incorporate a widerange of human rights violations, including the right to life, the prohibition of ill-treatment,the prohibition of torture, the right to a fair trial, the right to respect for private and family life,the right to an effective remedy, the right to peaceful assembly and the right to the enjoymentof property. Some 500 complaints have been filed so far with the Panel, the bulk of whichconcern property issues, missing persons and murder cases.Two complaints, in particular, have garnered special public interest. The first case concernsthe alleged unauthorised and disproportionate use of force by UNMIK Police in the dispersalof a street demonstration which resulted in the deaths of two individuals and injuries to othercomplainants in Pristina on 10 February 2007, Balaj et al (04/07). The complainants madeallegations in relation to the ECHR as well as The Universal Declaration on Human Rights,the International Covenant on Civil and Political Rights and the Convention against Tortureand Other Cruel, Inhuman or Degrading Treatment. The second case concerns the alleged44