by M. Artan Haraqija
EULEX has revealed the identity of one Albanian witness to war crimes, even though he had agreed to speak on condition of anonymity. He was offered EULEX as a witness for possible war crimes, demanding that his personal data not be sent to Serbia. EULEX prosecutors do completely the opposite of what this Kosovo has requested, sending his file with all the data in Serbia.
A serious violation of human rights, in this case by the international mechanism in place, is confirmed in the report for 2013 the Review Panel of Human Rights (HRRP), the body which oversees decisions and overall activity European mission for the rule of law. In this panel have the right to appeal to all those who believe that the actions or decisions of EULEX you have violated human rights.
The newspaper “The Voice” has provided the panel’s report, which clearly states that “EULEX Kosovo has violated Article 8 of the European Convention on Human Rights (ECHR) ie. a right to respect for private and family life, in case No. 2011-07, the anti-EULEX “.
Considering the gravity of the alleged crimes in respect of which the applicant had provided information, real fears he had expressed and unstable environment in which he lives, the Panel noted that EULEX prosecutors knew or should have known that unconditional disclosure of his statement along with his personal data to Serbian authorities could expose him and his family against possible damage.
Head of EULEX partially implemented recommendations
Although, the risk to the life of the witness was confirmed by the decision of the Panel, EULEX, UNMIK chief, Bernd Borchard, had decided to implement the Panel’s recommendations only partially implemented without major panel request, the request for the return of documents from Serbia .
“While some of the Panel’s recommendations are implemented, it is noted that the recommendation that EULEX prosecutors sought to have their Serbian counterparts to return or destroy copies of the documents, which bear the name of the complainant and to destroy any information in other documents that may identify it-it was not implemented. Further, there was no subsequent risk assessment as recommended by the Panel, “reads the report of the Panel on Human Rights.
EULEX on the other hand, although the answers to the questions of “Voice” sent by email, returns after two days, does not explain how this error occurred. EULEX says that because of the sensitivity can not reveal details of the case even though “The Voice” did not seek disclosure of the details, but the reasons that led to threats against the life of a potential witness to war crimes.
“We can say, however, that the decision of the Panel, EULEX has taken steps to make the risk assessment required in similar situations and to take appropriate measures in the future”, said among others the answer EULEX ‘s.
EULEX-i me 12 Police “monitor” Vidovdanin
From the HRRP’s report also taught other cases of complaints against the EULEX mission. A group of Serbs injured and other participants in the feast of Vidovdan in 2012, complained to EULEX as they have estimated that European mission has failed to provide the necessary assistance.
The appeal is accepted as fair by the Review Panel of Human Rights by saying that “there were human rights violations by EULEX in implementing its mandate in relation to incidents executive in four cases that occurred during Vodvdanit, on June 28, 2012.
“It was precisely the lack of EULEX police officers at the scene and the lack of a necessary prediction that promotes our concern,” said the 2013 report.
Unofficially, the “Voice” understands that EULEX had decided to use only 10-12 Vidovdan its officers in 2012, although it is known that the most important event for the Serbian population. Holiday 2012 escalated into violence which had among other attacks stones and Molotov cocktails against the Serbs bus returning from Gazimestan to Gracanica.
EULEX, even though the mission is officially the biggest and most costly EU has ever created, the primary responsibility for the protection of human rights lies with the institutions of Kosovo, “including the Kosovo Police.”
EULEX returned answers “Voice” on this issue says that “Vidovdan mission activities in 2012 were made after assessments are made before the event and then the same are realized based on the mandate and limited resources of the mission”.
EULEX also told “Voice” that “the Vidovdan events of 2012 and the recommendations of the Panel are encouraged EULEX to be more proactive in celebration of the Vidovdan a year later, this holiday passed without incidents that substantial “.
“EULEX received numerous praises for this new approach to new estimates Panel”, says European mission for the rule of law.