REGULATION NO. 2000/28

UNMIK/REG/2000/28

11 May 2000

 

 

ON THE VICTIM RECOVERY AND IDENTIFICATION COMMISSION

 

 

The Special Representative of the Secretary-General,

 

Pursuant to the authority given to him under United Nations Security Council resolution 1244 (1999) of 10 June 1999,

 

Taking into account United Nations Interim Administration Mission in Kosovo (UNMIK) Regulation No. 1999/1 of 25 July 1999, as amended, on the Authority of the Interim Administration in Kosovo,

 

Noting the lead function of the International Committee of the Red Cross in tracing missing persons, in close coordination with the efforts of all other organizations active in this field,

 

For the purpose of coordinating the activities of the Interim Administration in the area of victim recovery and identification, to facilitate the work of the courts of the Interim Administration in this field, and to coordinate with the activities of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 (ICTY),

 

Hereby promulgates the following:

 

 

Section 1

VICTIM RECOVERY AND IDENTIFICATION COMMISSION

 

1.1       The Victim Recovery and Identification Commission (hereinafter “the Commission”) is hereby established for the following purposes:

 

(a)    The recovery, identification, and disposition of mortal remains;

 

(b)   The collection and maintenance of data relating to the recovery, identification and disposition of mortal remains;

 

(c)    The provision of assistance to competent judicial authorities in addressing missing persons issues; and

 

(d)   Such other functions and activities as are ancillary to the other purposes set forth in this paragraph. 

 

1.2       The Commission shall comprise a Secretariat, together with an Advisory Board to provide advice and guidance on missing persons issues to the Secretariat and, upon request, to other appropriate bodies.  Activities and functions undertaken by the Commission in the present regulation shall be undertaken by the Secretariat unless provided for otherwise in the present regulation.

 

1.3       In the execution of its functions and activities, the Secretariat shall act with impartiality, integrity, and in an efficient manner.  In particular, the Secretariat shall not discriminate against any person on any ground such as sex, race, color, language, religion, political, or other opinion, natural, ethnic or social origin, association with a national community, property, birth or other status.

 

1.4       The Commission may request any of the international agencies represented as observers to the Advisory Board to fulfill any of the activities or functions assigned to the Commission in the present regulation.

 

1.5       The Commission shall be funded from donor contributions, recorded as designated donor grants in the Kosovo Consolidated Budget.  The Commission may also request other funds from the Kosovo Consolidated Budget.

 

 

Section 2

THE ADVISORY BOARD

 

2.1       The Deputy Special Representative of the Secretary-General for Civil Administration shall appoint international and Kosovo persons as members of the Advisory Board and shall designate a representative from UNMIK Civil Administration as the chairperson. The Deputy Special Representative of the Secretary-General for Civil Administration may also invite expert observers to the Advisory Board.  The composition of the Advisory Board shall be multi-ethnic.  Both members and observers shall meet the highest standards of competence and integrity.  The Advisory Board shall be independent in the exercise of its functions.

 

2.2       The Deputy Special Representative of the Secretary-General for Civil Administration shall determine the number of members and observers of the Advisory Board, the scope of matters on which the Advisory Board shall offer advice and guidance, and other matters regarding the operation and activities of the Advisory Board.  

 

2.3       Upon appointment, each member of the Advisory Board shall subscribe to the following oath or solemn declaration before the Special Representative of the Secretary-General:

 

“I solemnly declare that I will perform my duties and exercise my power as a member of the Advisory Board to the Victim Recovery and Identification Commission honorably, faithfully, impartially and conscientiously.”

 

2.4       In exercising their functions, the members of the Advisory Board shall act with impartiality, integrity and in an efficient manner.  In particular, the members of the Advisory Board shall not discriminate against any person on any ground such as sex, race, color, language, religion, political, or other opinion, natural, ethnic or social origin, association with a national community, property, birth or other status.

 

 

Section 3

IDENTIFICATION OF MORTAL REMAINS

 

3.1       The Commission may undertake activities related to the identification of mortal remains, including the collection and maintenance of relevant data, and make identifications.  The Commission shall provide adequate prior written notification to both competent staff from UNMIK Civpol and to the ICTY (Pristina Office) of their intention to undertake such activities. 

 

3.2       The Commission shall undertake the activities provided for under section 3.1 with respect to any mortal remains where ordered to do so by a competent court in Kosovo, or where such mortal remains have been exhumed or examined by ICTY.

 

3.3       The Commission shall comply forthwith with any order to desist from any activity provided for under section 3.1 where such order is issued by a competent court in Kosovo, or where such order is made in writing or verbally by competent staff from UNMIK Civpol or the ICTY. 

 

 

Section 4

ISSUANCE OF DEATH CERTIFICATES

 

Where the Commission certifies the identification of mortal remains, the UNMIK Civil Documents and Property Issues Section shall issue a death certificate in the name of the person so identified.  Any request for the revocation or modification of a death certificate shall be addressed in accordance with the applicable law.

 

 

Section 5

CENTRAL REGISTRY

 

The Commission shall establish a central registry in order to manage and maintain data or other information relating to the recovery, identification and disposition of mortal remains.  Procedures for the protection of such data and information shall be established by administrative direction.

 

 

Section 6

ASSISTANCE TO THE JUDICIARY IN THE EXHUMATION AND EXAMINATION OF MORTAL REMAINS

 

6.1       The Commission shall be designated a specialized institution for the conduct of the exhumation or the recovery, or the examination and autopsy, of mortal remains for the purposes of Article 242(2) of the applicable Criminal Procedure Code, except where the exhumation or the recovery, or the examination and autopsy, of mortal remains or related activities have been undertaken by ICTY or where ICTY indicates its intention to undertake such activities. 

 

6.2       An order by a judge or a judicial panel for the exhumation or the recovery, or for the examination and autopsy, of mortal remains in accordance with Article 252 of the applicable Criminal Procedure Code shall be made first to the Commission. 

 

6.3       The Commission shall notify the judge or judicial panel issuing any order referred to in section 6.2, of arrangements for the exhumation or the recovery of mortal remains within three (3) business days of receiving the order and shall arrange for the exhumation or the recovery of mortal remains to be conducted within ten (10) business days of receiving the order.  The Commission shall notify the judge or judicial panel of any need for additional time to arrange the exhumation or the recovery of mortal remains.  Where the Commission does not notify the judge or judicial panel within three (3) business days, or where the Commission is unable to arrange for the exhumation or the recovery of mortal remains within ten (10) business days and the Commission has not, in either case, notified the judge or the judicial panel of the need for additional time to arrange the exhumation or the recovery of mortal remains, the judge or judicial panel may order another person or entity to undertake the exhumation or the recovery of mortal remains in accordance with applicable law.

 

6.4       The Commission shall, except as provided for in the present regulation, respond to any order referred to in section 6.2 in accordance with the applicable law, including Article 254 of the applicable Criminal Procedure Code.

 

6.5       Any judicial authority in Kosovo requesting the exhumation or the recovery, or the examination and autopsy, of mortal remains in accordance with Article 252 of the applicable Criminal Procedure Code and section 6.3 of the present regulation that is not addressed to the Commission, shall make a copy of that order available to the Commission within seven (7) business days of the issuance of the order unless there are specific reasons, in accordance with the applicable law, not to do so.

 

6.6       Any findings, reports or other work product of a person or entity, other than law enforcement authorities or the Commission itself, ordered by any judicial authority in Kosovo under Article 252 of the applicable Criminal Procedure Code shall be made available for review by the Commission unless there are specific reasons, in accordance with the applicable law, not to do so.

 

6.7       The time limits set forth in this section 6 may be extended by an administrative direction in accordance with section 7.

 

 

Section 7

IMPLEMENTATION

 

The Special Representative of the Secretary-General may issue administrative directions in connection with the implementation of the present regulation.

 

 

Section 8

APPLICABLE LAW

 

The present regulation shall supersede any provision in the applicable law which is inconsistent with it.

 

 

Section 9

ENTRY INTO FORCE

 

The present regulation shall enter into force on 11 May 2000.

 

 

 

 Bernard Kouchner

Special Representative of the Secretary-General