SUMMARY
Registration No. 52/01
Hamdi Rashica
against
The United Nations Mission in Kosovo
(UNMIK)
31 October 2001
In this case, the Ombudsperson found that in December 2000 an UNMIK Police Officer had used excessive force against the applicant, causing him injuries and thus violating his right to be free from ill-treatment guaranteed under Article 3 of the European Convention on Human Rights. The Ombudsperson also found a violation of the applicant's right to an effective remedy under Article 13 of the European Convention on Human Rights.
The Ombudsperson recommended that the SRSG, no later than 30 November 2001, ensure that criminal proceedings were begun against the UNMIK Police Officer who had used excessive force against Mr. Rashica, wherever jurisdiction lay, provide Mr. Rashica with the identity and nationality of the UNMIK Police Officer who had used excessive force against him, provide Mr. Rashica with full information about the means and mechanisms through which he could raise a claim for compensation and/or damages against the responsible Police Officer and/or against UNMIK and promulgate a Regulation or issue publicly another appropriate legal act to ensure that any individual suffering a violation of human rights or an abuse of authority by a person acting in an official capacity in Kosovo would be provided with the name, nationality and all other pertinent information about that person and will have available, also in Kosovo, an effective remedy in the sense of Article 13 of the European Convention on Human Rights.
In a letter dated 12 March 2002, the SRSG indicated that he had taken the following actions:
- brought the case to the attention of the acting UNMIK Police Commissioner, requesting the full cooperation of the UNMIK Police to ensure that appropriate legal action could be taken to address any criminal acts that might have been committed
- requested the assistance of the DSRSG for Police and Justice in forwarding the case to an international public prosecutor for his attention
- forwarded the case to the UNMIK Claims Review Board for their determination as to whether the applicant should be awarded compensation
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