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25. 12. 2019.

Author: Jelena L. Petković ???source???: UNS

UNMIK Apologizes to the Victims

UNMIK’s Human Rights Advisory Panel (HRAP) in its final report in 2016 concluded that the United Nations Mission in Kosovo was responsible for violations of human rights and the right to life, because it had not investigated disappearances and murders in 233 cases reported to the Panel. In nearly all individual opinions pertaining to the murders and kidnappings that occurred after the mission’s arrival in Kosovo, the HRAP reiterates: UNMIK did not conduct an effective investigation, it should admit its responsibility, while the mission chief should publicly apologize to the victims’ families. Among the “double victims” are journalists Ljubomir Knežević, Marjan Melonashi and Aleksandar Simović. On this occasion, the Journalists’ Association of Serbia (UNS) requested answers from UNMIK, but most of the written explanations received point us to their website. UNMIK also forwarded us a letter the UNMIK chief had sent to the families, expressing his regret over the ineffective investigations.

UNS: From 2007 to 2016, the HRAP considered 527 complaints filed mainly by Serbs against UNMIK. Among them are the families of murdered and kidnapped journalists. Were the cases of the killings and disappearances of journalists prioritized?  

 The HRAP was established as an advisory panel in 2006 by the Special Representative of the Secretary-General (SRSG) in Kosovo, to review complaints submitted by any individual or group of individuals about alleged human rights violations by or attributable to the United Nations Interim Administration Mission in Kosovo (UNMIK), for the period from 2005 to 2008, and to issue non-binding advisory opinions and make recommendations to the SRSG for his or her action based on the HRAP’s findings. All complaints were examined in accordance with UNMIK Regulation 2006/12 of March 23, 2006. 

UNS: The conclusion of the HRAP is that the UN mission in Kosovo violated its basic principles and tenets, that it is responsible for violations of human rights and the right to life, because it did not investigate the disappearances and murders in 233 cases. In the complaints of the families of the journalists: Ljubomir Knežević, Marjan Melonashi and Aleksandar Simović, the same conclusion is reached. Does this mean that investigations into the murders and kidnappings of journalists were not approached with due care of the profession in public interest? 

HRAP opinions, which are all available online, summarize the Mission’s (UNMIK) submissions regarding the facts on individual complaints. This information can be found at: http://www.unmikonline.org/hrap/Eng/Pages/default.aspx


UNS: How do you comment on the fact that this particular case "got lost" in handing over the documentation from UNMIK to EULEX? 

HRAP’s opinion on the case contains information related to the circumstances of the handover of the files from UNMIK to EULEX. Nevertheless, please bear in mind that UNMIK’s responsibilities in the area of criminal justice investigations and prosecutions were transferred to EULEX in December 2008. EULEX completed its executive functions in Kosovo’s judicial system on June 14, 2018. Since that date, judicial and police investigations are carried out by the Kosovo authorities. UNMIK continues to urge competent authorities to take all possible steps to ensure that the criminal investigation into the disappearance of Mr. Knežević is continued and that the perpetrators are brought to justice.  

UNS: When it comes to the analysis of UNMIK documentation in the case of the disappearance of journalist Ljubomir Knežević, to the best of our knowledge, interesting facts have been identified by the Human Rights Advisory Panel. What are the facts and why did everybody remain silent about them? 

HRAP opinions, which are all available online, summarize the Mission’s (UNMIK) submissions regarding the facts on individual complaints. This information can be found at: http://www.unmikonline.org/hrap/Eng/Pages/default.aspx

The final report of the UNMIK Human Rights Advisory Panel states that there are significant omissions in investigative activities, such as handling the crime scene, "searching" of surrounding areas, gathering and preserving material evidence, recording witness statements. "There seems to have been a great deal of delay in trying to find and speak with witnesses. This is why it happened that witnesses died, moved, or forgot facts related to a case," the report states. How do you explain that the case of journalist Marjan Melonashi was opened five years after his disappearance? 

As noted above, HRAP opinions, which are all available online, summarize the Mission’s (UNMIK) submissions regarding the facts on individual complaints and provide the Panel’s own findings on the complaint. This information can be found at: http://www.unmikonline.org/hrap/Eng/Pages/default.aspx 

UNS: In the case of the abduction and murder of journalist Aleksandar Simović, UNMIK appears to have taken some steps, but the investigation has not been completed. Why? 

As noted above, HRAP opinions, which are all available online, summarize the Mission’s (UNMIK) submissions regarding the facts on individual complaints and provide the Panel’s own findings on the complaint. This information can be found at: http://www.unmikonline.org/hrap/Eng/Pages/default.aspx

UNS: The2000 UNMIK Police Annual Report states that 675 killings, 115 rapes and 351 kidnappings were reported to the mission from June 1999 to December 2000. The HRAP says that "a large amount of information was sent to the UNMIK by the Serbian authorities with information on various incidents, including the locations, dates and names of victims, suspects and witnesses, but that in most of these cases there was no proper cooperation between UNMIK and the Serbian institutions," which applies to both murdered and kidnapped journalists. What exactly is UNMIK 's fault? 

As noted above, HRAP opinions, which are all available online, summarize the Mission’s (UNMIK) submissions regarding the facts on individual complaints and provide the Panel’s own findings on the complaint. This information can be found at: http://www.unmikonline.org/hrap/Eng/Pages/default.aspx

The SRSG has provided timely and positive responses on HRAP recommendations, and where the Panel has found that UNMIK had failed to ensure protection of human rights in cases of missing persons, the SRSG has, among other things, urged competent authorities to take all possible steps to ensure the continuation of investigations and bring perpetrators to justice; and expressed regret over the lack of effective investigations by UNMIK, which was to a great extent a consequence of the unique challenges that appeared after the conflict in Kosovo.  

UNS: The conclusion of the HRAP is that the complainants are twice victims of UNMIK: originally, when their human rights were violated, and again, when they received no compensation through this proceeding. "The HRAP conducted a thorough analysis of the appeals lodged and encouraged UNMIK and the UN to undertake activities that would be beneficial to the complainants before the term of office of the HRAP ends. It is a shame that this did not happen." In each report, the HRAP also sought a public apology to the families as well as damages. In which cases did the families receive an apology and why did no one receive damages? 

UNMIK expressed regret that there was a lack of an effective investigation into the disappearance of Mr. Ljubomir Knežević and Mr. Marjan Melonashi, and abduction and killing of Mr. Aleksandar Simović. 

In relation to the HRAP’s recommendation to award adequate compensation for pecuniary and non-pecuniary damages in certain cases, UNMIK is not in a position to pay compensation but continues to communicate with relevant authorities about this issue, where possible. 

UNS: In its opinion, the HRAP recommended that the UNMIK Head of Mission apologize to the families publicly and through the media. Why was that not done? 

As mentioned in our answer to Question 8 above, UNMIK expressed regret that there was a lack of an effective investigation into the disappearance of Mr. Ljubomir Knežević and Mr. Marjan Melonashi, and abduction and killing of Mr. Aleksandar Simović. 

UNS: The HRAP also recommends compensation. Why was this not done?  

As mentioned in our answer to Question 8 above and as reflected in the SRSG’s decisions responding to each complaint (also available online), in relation to the HRAP’s recommendation to award adequate compensation for pecuniary and non-pecuniary damages in certain cases, UNMIK is not in a position to pay compensation but continues to communicate with relevant authorities about this issue, where possible.

 

 

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