UNMIK/PR/637      
PRESS RELEASE - 3 September, 2001 

SRSG ESTABLISHES  DETENTION REVIEW COMMISSION

In order to provide independent judicial review in cases of extra-judicial detention by  Executive Order,  SRSG Hans Haekkerup has signed a regulation which will establish a Detention Review Commission.

In exceptional circumstances, the SRSG, as the person vested with authority for the maintenance of civil law and order, has extended by Executive Order the detention of suspects of serious crime. Currently, three suspects in the Nis Express bombing have been in custody for the past four months on Executive Orders.

The Regulation signed last week by Mr. Haekkerup ("No. 2001/18: On the Establishment of a Detention Review Commission for Extra-Judicial Detentions based on Executive Orders"), will ensure there is a mechanism for judicial review of extra judicial detention.

The Regulation is intended to apply to those cases of very serious crime in which the SRSG has ordered detention on the basis of information which is so sensitive that it cannot be presented in ordinary judicial proceedings.

The regulation would establish a review Commission composed of three international legal experts, appointed by the SRSG. At  least two of the members must be judges in their home countries. Mr. Haekkerup has appealed to interested countries to recommend appointments to the Commission, which needs to be operational as soon as possible.

The Commission will review extra-judicial detentions based on Executive Orders. A review may be initiated by the Commission or by the person detained on the basis of an executive order, or by the detainee's defense counsel.

The regulation spells out special measures for sensitive evidence and  information order not to jeopardize  the security of  investigations, or military operations or the life or safety of an injured party or witness.

After the initiation of a review, the Commission has seven day to render its decision on further detention. If the Commission decides that detention based on an executive order is not justified, the detained person shall be immediately released.

If the Commission decides that further extra-judicial detention is justified, its decision shall be treated as a decision by the Supreme Court to order detention according to Article 197(2) of the applicable Law on Criminal Procedure. 

The Commission's decisions shall not be subject to appeal.