REGULATION NO. 2000/62

UNMIK/REG/2000/62

30 November 2000

 

 

ON THE EXCLUSION OF PERSONS FOR A LIMITED DURATION TO SECURE PUBLIC PEACE, SAFETY AND ORDER

 

 

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 and UNMIK Regulation No. 1999/2 of 12 August 1999 on the Prevention of Access by Individuals and their Removal to Secure Public Peace and Order,

 

For the purpose of maintaining public peace, safety and order,

 

For the purpose of protecting and promoting human rights,

 

Considering that the exercise of the right to liberty of movement should not jeopardize civil law and order or the protection of the rights and freedoms of others,

 

Considering the ongoing threats to the civil law and order in Kosovo, or which originate in Kosovo,

 

Without prejudice to any actions that may be taken by KFOR pursuant to United Nations Security Council resolution 1244 (1999)

 

Hereby promulgates the following:

 

 

Section 1

Definitions

 

For the purposes of the present regulation:

 

(a)   “relevant law enforcement authority” shall mean the international security presence in Kosovo, known as KFOR and the Civilian Police of the United Nations Interim Administration Mission in Kosovo (UNMIK), also known as the United Nations International Police or as UNMIK Police;

 

(b)  “exclusion order” shall mean an order issued by the relevant law enforcement authority requiring a person to leave and/or stay away from any area in Kosovo.

 

 

Section 2

Exclusion Order

 

2.1       The relevant law enforcement authorities may issue an exclusion order requiring a person to leave and/or stay away from any area under their authority if there are grounds to suspect that such a person is or has been involved in the commission, preparation or instigation of acts of violence which may affect public peace and order within or beyond the territory of Kosovo.

 

2.2       An exclusion order shall be for a limited duration not exceeding thirty (30) days.  The order must be issued to the person in writing, identify the geographic area the person must leave and/or stay away from and notify the person that a violation of the order is a criminal offense punishable by up to two (2) months imprisonment.  Notification of the right to petition for a review of the order, as set forth in section 3 of the present regulation, shall be provided.

 

2.3       The level of authority required for the issuance of such an order shall be defined in an administrative direction.

 

 

Section 3

Review of Exclusion Order

 

3.1       A person who is the subject of an exclusion order issued pursuant to section 2 of the present regulation may petition for a review of the order in the district court of any region from which he or she is not excluded.  Such a petition may also be filed by a legal representative or family member of the person in the district court of any region.

 

3.2       An international judge in the competent district court shall review an exclusion order, upon a petition brought by the persons referred to in section 3.1. 

 

3.3       When reviewing the order, the judge shall convene a public hearing permitting an adversarial debate between the person who is the subject of the order or his legal representative and the prosecutor or the law enforcement authorities who issued the order. The judge shall consider:  whether the criteria set forth in section 2.1 apply; the person’s links with the specified area, such as related to family, employment or business; and whether the order requiring the person to leave and/or stay away from the specified area may subject him or her to persecution within the meaning of the 1951 Convention on the Status of Refugees. The judge will have authority to approve, rescind or amend the order.

 

3.4       The judge shall issue a reasoned judgment on the order within seven (7) days of receiving the petition for a review of the order.  If a decision is not issued within this time, then the exclusion order shall cease to have effect at the expiration of this time limit.

 

3.5       A petition brought pursuant to this section shall not stay the execution of an exclusion order.

 

 

Section 4

Penalties

 

A violation of an exclusion order is a criminal offence punishable by imprisonment for up to two (2) months. The case shall be prosecuted in a district court before an international judge. The decision shall be rendered after a public hearing permitting an adversarial debate within eight (8) days of the notification of the charge. Upon conviction, the execution of sentence shall be enforced immediately, without any stay notwithstanding any appeal. For the purposes of the present regulation the provisions of articles 183 and 281 of the FRY Code of Criminal Procedure are modified so that the summons requiring the accused to appear in court shall be delivered by the law enforcement authorities not later than 48 hours before the time set for the hearing. In the event that a person is detained while allegedly in violation of an exclusion order, an accelerated trial date may, upon request, be established so as to allow for the hearing of the case within the time limit of police custody. The accused shall have access to defence counsel upon notification of the charge.

 

 

Section 5

Implementation

 

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

 

 

Section 6

Applicable Law

 

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

 

6.2       Nothing in the present regulation shall affect the power of the relevant law enforcement authorities to temporarily remove a person from a location or prevent access by a person to a location in accordance with UNMIK Regulation No. 1999/2.

 

 


Section 7

Entry into Force

 

The present regulation shall enter into force on 30 November 2000 and shall remain in force for an initial period of six months.  Upon review, the Special Representative of the Secretary-General may determine that circumstances warrant the extension of the regulation for an additional six months.

 

 

 

Bernard Kouchner

Special Representative of the Secretary-General