Defence Forces Review 2010

United Nations Mission In Kosovolead poisoning and other violations of the human rights of one hundred and forty three (143)members of the Roma community in northern Mitrovica/e, Mehmeti et al (26/08). This casewas declared partly admissible by the Panel on 5 June, 2009.Procedural FrameworkThe Rules of Procedure, adopted by the Panel on 5 February, 2008 are based loosely onthe Rules of the Strasbourg Court and contain provisions for dealing with complaints andthe deliberative procedures. The Regulation, which provides for an adversarial procedure,lays down a number of the procedural aspects to be followed by the Panel and the parties. Itstipulates that the Panel may only deal with complaints of acts or omissions for which UNMIKis responsible and only in relation to alleged violations of human rights that occurred after23 April, 2005 or arising from factual matters which occurred prior to that date, where thesefacts give rise to a continuing violation. The Special Representative of the Secretary Generalthereafter issued UNMIK Administrative Direction No. 2009/1 on 17 October, 2009 with thedeclared aim of interpretation of certain provisions of UNMIK Regulation No. 2006/12.The Panel has dealt with specific issues such as the definition of the scope of the acts oromissions which are attributable to UNMIK, assessment of a complainant’s exhaustion ofremedies in the context of general UN immunity from legal proceedings, and the identificationof continuing and non-continuing violations in relation to the Panel’s limited temporaljurisdiction.Upon receipt of a complaint, the Panel determines if it falls within its jurisdiction, establishesif the complaint is admissible and examines its merits. Complaints can only be admitted if allother remedies in the Kosovo court and administrative system have been exhausted. In addition,the complaint must be lodged within six months from the date on which the final decision inthe procedure was handed down or else the complaint must arise from factual matters whichoccurred prior to that date, where such facts give rise to a continuing violation. The proceduremay lead to an Opinion with formal findings, conclusions and recommendations, over whichthe SRSG has exclusive authority and discretion to act or not. The Opinions of the Panel arepublished in English, Albanian and Serbian on its website and in the print media as are thesubsequent Decisions of the SRSG.The Panel has dealt with a number of procedural issues, in particular the exhaustion ofremedies in its Opinion in Shaip Canhasi (04/08) in which the complainant alleged thatUNMIK Police conducted an inadequate investigation into the murder of his wife in northernMitrovica/Mitrovice on 3 February, 2000. The Panel stated in its Opinion that a complainantneed only exhaust remedies that are available and effective. It also ruled that the respondentbears the burden of proof to show that the remedy was an effective one which was availableat the relevant time, that it was accessible, capable of providing redress and that it offeredreasonable prospects of success in circumstances where the respondent invokes a plea of nonexhaustionof remedies.45