Doc. 9896

9 September 2003

The human rights situation in Kosovo

Motion for a recommendation

presented by Mr Prica and others

1. The Assembly welcomes Serbia and Montenegro’s accession to the Council of Europe on 3 April 2003.

2. It further welcomes Serbia and Montenegro’s ratification of the Framework Convention for the Protection of National Minorities on 11 May 2002.

3. It refers to Serbia and Montenegro’s undertakings to ratify various legal instruments in the year following its accession, in particular the European Convention on Human Rights, together with its Protocols Nos 1, 4, 6, 7, 12 and 13, and the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, as amended by its protocols and welcomes its declared readiness to sign and ratify above mentioned Conventions in the foreseeable future.

4. The Assembly draws attention to the particular situation in the province of Kosovo/SCG, which, under Security Council Resolution 1244, is governed by the United Nations Interim Administration Mission in Kosovo (UNMIK). The UNSC resolution 1244 reaffirmed the commitment to the sovereignty and territorial integrity of Serbia and Montenegro, while, at the same time, reaffirmed the call for substantial autonomy.

5. In accordance with UNSC Resolution 1244, Serbia and Montenegro cannot be held responsible for what occurs in Kosovo/SCG.

6. The human rights situation in the province is deteriorating and it is not consistent with the standards established by the European Convention on Human Rights and the Framework Convention for the Protection of National Minorities. It is evident from, inter alia, the Second Annual report of the Kosovo/SCG ombudsman.

7. The Assembly is concerned about the fate of non-Albanian ethnic communities in Kosovo/SCG (Serbs, Bosniaks, Roma, Turks, Ashkalis, Goranci and others), who are exposed to day to day violence by terrorist and extremist groups such as so-called Albanian National Army (ANA) and are denied the fundamental rights including those guaranteed by the Article 2 (right to life), Article 3 (prohibition of torture), Article 5 (right to freedom and security) of the European Convention on Human Rights.

8. In addition, those ethnic communities are victims of discrimination, which constitutes a breach of Article 14 of the European Convention on Human Rights and of Article 4 of the Framework Convention for the Protection of National Minorities, which prohibits all discrimination based on belonging to a national minority. Such discrimination against mentioned ethnic communities is particularly evident in the sphere of justice: minorities’ right to a fair trial, as guaranteed by Article 6 of the European Convention on Human Rights is regularly flouted, while the independence of judiciary is not guaranteed. Furthermore, a number of cases of unlawful detention have been reported violating fundamental safeguards of detained persons (right to access to a lawyer, right to notify the third person of someone’s detention).

9. The Assembly deplores that UNMIK has not succeeded in establishing the political situation, guaranteeing effective protection of human rights, and has not enabled the return of internally displaced persons of non-Albanian ethnic communities, in line with the UNSC Resolution 1244, which was also dealt with in Parliamentary Assembly Recommendation 1569 (2002) and Recommendation 1510 (2001) – Human Situation of Returnees to Kosovo.

10. The Assembly regrets that, on account of the immunity enjoyed by the Special Representative of the United Nations Secretary General and the KFOR commanding officer, no redress has been provided to a victim tortured by an UNMIK police officer as stated in the Ombudsman’s Report. In general, all inhabitants of Kosovo are deprived of the access to the European Court of Human Rights. That state of affairs amounts, in its view, to a contravention of Article 13 of the European Convention on Human Rights, which establishes the right to an effective remedy.

11. The Assembly accordingly recommends that the Committee of Ministers, without prejudicing the solution of the final status of Kosovo/SCG:

i.       enter into agreements with UNMIK, in full coordination with the Government of Serbia and Montenegro, to allow immediate application of the Framework Convention for the Protection of National Minorities in Kosovo/SCG and, as soon as it has been ratified by Serbia and Montenegro, of the European Convention for the Prevention of Torture;

ii.       consider all possible means of allowing the European Convention on Human Rights, including exercise of the right of individual petition, to be applied to inhabitants of Kosovo;

iii.       consider all possible means to guarantee the speedy and safe return to Kosovo /SCG of the internally displaced persons.

Signed ¹:

Prica, Serbia and Montenegro, SOC

Akçam, Turkey, EPP/CD

Bindig, Germany, SOC

Chaklein, Russia, UEL

Cilevičs, Latvia, SOC

Clerfayt, Belgium, LDR

Daly, Ireland, LDR

Davis, United Kingdom, SOC

Guardans, Spain, LDR

Gündüz, Turkey, LDR

Jaskiernia, Poland, SOC

Jevtić, Serbia and Montenegro, SOC

Jurgens, Netherlands, SOC

Kovalev, Russia, LDR

Kroll, Poland, EPP/CD

Kroupa, Czech Republic, EPP/CD

Lloyd, United Kingdom, SOC

López González, Spain, SOC

Lučić, Serbia and Montenegro, SOC

Manzella, Italy, SOC

McNamara, United Kingdom, SOC

Mićunović, Serbia and Montenegro, SOC

Pourgourides, Cyprus, EPP/CD

Shybko, Ukraine, SOC

Wohlwend, Liechtenstein, EPP/CD

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      EDG: European Democratic Group

      LDR : Liberal, Democratic and Reformers’ Group

      UEL: Group of the Unified European Left

      NR: not registered in a group