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- Subject the EU police and justice mission in Kosovo to the jurisdiction of the future Constitutional Court, so that the court can hear complaints that actions of the mission or its agents have resulted in constitutionally protected human rights being violated.
- Subject the EU police and justice mission in Kosovo to the jurisdiction of the Ombudsperson Institution.
- Enter into bilateral agreements with the government of Kosovo accepting the human rights jurisdiction of the Constitutional Court over forces deployed in Kosovo, so that it can hear complaints that actions of members of the IMP or its agents have resulted in constitutionally protected human rights being violated.
- Enter into bilateral agreements with the government of Kosovo accepting the jurisdiction of the Ombudsperson Institution over forces deployed in Kosovo.
- Cooperate with the International Military Presence (IMP) headquarters to establish standardized mechanisms for responding to individual complaints, and a central IMP database for such complaints.
To the Council of Europe Committee for the Prevention of Torture
- Continue to monitor places of detention in Kosovo, including those under the jurisdiction of the future IMP and ESDP operations.
- In consultation with the International Steering Group, subject the office of the International Civilian Representative to the human rights jurisdiction of the future Constitutional Court, and support the extension of the court’s jurisdiction to the EU police and justice mission and states participating in the International Military Presence.
- In consultation with the International Steering Group, subject the office of the International Civilian Representative to the jurisdiction of the Ombudsperson Institution and support the extension of that institution’s jurisdiction to the EU police and justice mission and states participating in the International Military Presence.
- Establish, in consultation with the Venice Commission of the Council of Europe, adequate internal oversight mechanisms to allow individual complaints against international personnel to be adequately investigated and any violations redressed;
- Cooperate and provide access to international human rights organizations, mechanisms, and NGOs;
- Investigate and follow up, in a timely manner, any individual complaints referred either directly or indirectly to the ICR;
- Communicate with the individual complainants in a timely manner.
- Formally invite the Kosovo Police Inspectorate to oversee all internal investigations.
- Create a tracking mechanism within the mission to keep complainants in Kosovo informed about investigations in police officers’ countries after they are sent home, and facilitate their ongoing cooperation with investigations in Kosovo.
- Harmonise operating procedures and equipment of all national police contingents;
- Promulgate clear rules for operational modalities and use of force in riot control situations that comply with all relevant international standards on the use of force by law enforcement officers;
- Put in place adequate and transparent internal oversight mechanism for the police;
- Raise public awareness of the existence of oversight mechanisms and channels of redress for human rights complaints;
- Promptly investigate individual complaints and report the results back to the complainants in a timely manner;
- Ensure access for the Committee for the Prevention of Torture to all places of detention, and consent to the publication of any reports issued by the committee on Kosovo.
- Draft agreements with troop-contributing nations to set up standardized mechanisms for dealing with individual complaints;
- Establish a central database of all third-party complaints to keep track of cases referred and to prevent discontinuity arising from frequent troop rotation;
- Ensure access for the Committee for the Prevention of Torture to all places of detention, and consent to the publication of any reports arising from that access.
- Take steps to encourage the extension of the Constitutional Court’s jurisdiction to the office of the International Civilian Representative and the EU police and justice mission, and encourage states participating in the International Military Presence to enter into bilateral agreements with the government of Kosovo accepting the jurisdiction of the Constitutional Court over forces deployed in Kosovo;
- Support the restoration of the Ombudsperson Institution’s jurisdiction to investigate complaints against international civilian and military institutions, including by entering into bilateral agreements on such jurisdiction with states participating in the International Military Presence;
- Ensure access for the Committee for the Prevention of Torture to all places of detention, and consent to the publication of any reports arising from that access.
- Systematically monitor the future international presence in Kosovo, especially its role in the criminal justice system, and make public any findings.
- Critically assess the human rights performance of the international civilian and military actors in Kosovo while monitoring Kosovo within the framework of the Stabilization and Association Process Tracking Mechanism (STM).
- Thoroughly investigate all allegations of human rights abuse against national and—subject to mandate—international institutions, and make public the findings of those investigations.
- Immediately operationalize the Human Rights Advisory Panel;
- Promptly and publicly respond to allegations of human rights abuse caused directly or indirectly by UNMIK’s actions;
- Consent to the publication of any report on Kosovo by the Committee for the Prevention of Torture.
- Establish standardized oversight procedures by endowing the Kosovo Police Inspectorate with a formal mandate to oversee UNMIK internal investigations;
- Harmonise operating procedures and equipment of all national police contingents, particularly in relation to riot and crowd control, to ensure that they comply with all relevant international standards on the use of force by law enforcement officers;
- Promptly and publicly investigate alleged cases of police abuse, including by following up when suspect or responsible police officers return to their home country, and make public the findings of any investigation and follow up;
- Respond in an accurate and timely manner to public queries related to police abuse;
- Take all necessary steps to identify any individual criminal responsibility on the part of UNMIK police officers and their commanders involved in the deaths and wounding of protestors on February 10, 2007, compensate the victims or their families, and make public the conduct and outcome of investigations as a whole.
- Put in place agreements with troop-contributing countries to set up standardized mechanisms to investigate complaints involving KFOR, to ensure uniform standards for investigation, prosecutions, and compensation;
- Task Liaison and Monitoring Teams to be the points of contact for complaints by members of the public;
- Establish a centralized database to ensure that complaints are adequately investigated and followed up, particularly when peacekeepers are sent home;
- Promptly inform complainants about the outcome of the investigation;
- Consent to the publication of any report on Kosovo by the Committee for the Prevention of Torture.
June 2007
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