UNMIK/PR/435
PRESS RELEASE - 4 December 2000

SRSG Signs Regulation to Secure Public Peace and Safety

PRISTINA - SRSG Dr Bernard Kouchner has signed a regulation aimed at ensuring that public order and security is maintained in Kosovo. Regulation 2000/62 allows law enforcement authorities - whether they are KFOR or UNMIK police - to issue an exclusion order against an individual which requires that person to leave or keep away from a specific area in Kosovo.

The Regulation bolsters Regulation 1999/2 which also allowed for the temporary removal of a person from an area if they are perceived as a threat to other people's human rights, public or private property, the rule of law or the functioning of public institutions.

Whereas Regulation 1999/2 was pre-emptive and did not foresee any penalty, the new Regulation has more teeth. If a person breaks an exclusion order, s/he can face a prison term of up to two months.

An exclusion order - which requires a person to leave and/or stay away from any area in Kosovo - will be issued if there are grounds to suspect a person is, or has been, involved in or instigated, acts of violence which may affect public order either inside or outside Kosovo.

The exclusion order relates to a specific geographic area and is valid for a maximum of 30 days. It has to be issued in writing and identify the area.  An individual can ask for a review of the order in the district court of any region from which s/he has not been barred. This review is examined by an international judge at a public hearing in which the individual or his representative argues his case with the prosecutor or law enforcement authorities.

The judge will make a decision within seven days. While the review is taking place the exclusion order remains in effect, but if a decision is not made within the week, the exclusion order will expire.

If a person violates the exclusion order s/he can face up to two months imprisonment. Their case will be heard in a district court before an international judge. If the person is convicted the sentence begins immediately whether an appeal is planned or not.

The new regulation does not prevent the authorities acting under Regulation 1999/2 which allows them to temporarily remove an individual from a place if that person is perceived to be a threat to public security.