ADMINISTRATIVE DIRECTION NO. 2000/29

UNMIK/DIR/2000/29

6 December 2000

 

 

IMPLEMENTING UNMIK REGULATION NO. 2000/62 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 section 5 of UNMIK Regulation No. 2000/62 of 30 November 2000 on the Exclusion of Persons for a Limited Duration to Secure Public Peace, Safety and Order,

 

Taking into account section 2.3 of UNMIK Regulation No. 2000/62 of 30 November 2000,

 

Hereby issues the following Administrative Direction:

 

 

Section 1

Authority to Issue Exclusion Order

 

1.1       An exclusion order may be issued by the international security presence in Kosovo (“KFOR”), by the commander or Provost Marshal responsible for the area covered by the exclusion order.

 

1.2       An exclusion order may be issued by UNMIK Police, by:

 

(a)    The UNMIK Police Regional Commander, for exclusion from a specific area or location within the UNMIK Police Region which he/she commands; or

 

(b)   The UNMIK Police Director of Operations or Deputy Commissioner Operations, for exclusion from an entire UNMIK Police Region.

 

 

Section 2

Contents of Exclusion Order

 

2.1       An exclusion order shall contain:

 

(a)    The time and date of issue;

 

(b)   The time and date when the order is presented to the person;

 

(c)    The time and date that the order will expire;

 

(d)   Sufficient information to identify the person who is the subject of the exclusion order, such as: first name, surname/family name, date of birth, place of birth, home address / other residential places, profession, place of work and ID number;

 

(e)    The signature of the authority issuing the order together with identifying information including rank, full name, unit or organization;

 

(f)     A description and clear demarcation of the area from which the person has been excluded; an illustration of geographic boundaries on a map may be provided;

 

(g)    Notification that a violation of the exclusion order constitutes a criminal offense punishable by imprisonment of up to two (2) months); and

 

(h)    Notification that the person has a right to petition for a review of the order in any district court of a region from which he or she has not been excluded, or that the legal representative or family member of the person has a right to petition for a review of the order in any district court.

 

2.2       The law enforcement authority issuing the exclusion order may adapt the exclusion order to meet the special circumstances of the person who is the subject of the exclusion order.  For example, if appropriate, the person may be allowed access to his residence, workplace or place of worship.  In such a case, the specific conditions must be clearly set forth in the order, including the time limits, routes of access,  and notification/reporting requirements.

 

2.3       A pro forma executive order is attached as an annex to the present administrative direction.

 

 

Section 3

Language of Exclusion Order

 

3.1       The exclusion order will be written in English and in a language understood by the person who is the subject of the order.

 

3.2       If the language understood by the person who is the subject of the order cannot be determined, the exclusion order shall be provided in English, Albanian and Serbian.

 

 

Section 4

Receipt of Exclusion Order

 

The person who is the subject of the exclusion order will sign an acknowledgment of receipt.  If he/she refuses to sign such an acknowledgement, the issuing authority will note such refusal on the exclusion order.

 

 


Section 5

Photographing

 

The person who is the subject of the exclusion order may be photographed.  Such a photograph may retained, copied and distributed by the law enforcement authorities, for the purpose of implementing this regulation. The photograph, or a copy of the same, may be used in court proceedings associated with the exclusion order.

 

 

Section 6

Entry into Force

 

The present administrative direction shall enter into force on 6 December 2000.

 

 

 

Bernard Kouchner

Special Representative of the Secretary-General

 


ANNEX

 

Exclusion Order (Pursuant to UNMIK Regulation 2000/62)

 

I have concluded that there are grounds to suspect you are or have 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. 

 

1.                   Identity of Excluded Person

 

Last Name             _______________________________

 

First Name             _______________________________

 

Address            _______________________________

 

ID Number            _______________________________

 

Additional identifying information (if any)  

 

 

 

 

 

2.                   Area of Exclusion

 

Therefore, pursuant to UNMIK Regulation 2000/62, you are ordered to leave and/or stay away from the following area(s):

 

 

 

 

 

 

3.                   Duration of Exclusion Order

 

The duration of your exclusion from the area described above will be for a period of ___ days, beginning at ______ (hours) on  __________   (date) and ending at _____(hours) on __________(date).

 

 

4.                   Hours of Exclusion

 

During the period detailed above you are          ( DELETE (a) OR (b) as appropriate ):

 

(a)    excluded from the area described above at all times of every day.

 

(b)  excluded from the area described above between  _____ (hours) and ______  (hours) daily.

 

 

5.                   Notification of Possible Criminal Penalties

 

A violation of this Exclusion Order constitutes a criminal offence, punishable by imprisonment of up to two (2) months.  Prosecution of this criminal offence will take place in a district court before an international judge. 

6.                   Notification of Right to Petition for Review of this Exclusion Order

 

You have the right to petition an international judge to review this Exclusion Order. You may file your petition with any district court of a region from which you are not excluded.  Your legal representative or family member may also file a petition to review this Exclusion Order in any district court.  A petition for review will not stay the execution of this Exclusion Order.

 

 

7.            Additional Comments

 

 

 

 

 

8.         Identity of the Law Enforcement Authority Issuing This Exclusion Order

 

Name of Issuing Authority            _____________________________

 

Rank/Title                                _____________________________

 

Unit or Organization                _____________________________

 

Signature                                 _____________________________

 

Time and Date of Issue                        _____________________________

 

Time and Date of Presentation            _____________________________

 

 

9.            Acknowledgement of Receipt

 

I acknowledge receipt of this Exclusion Order.  I understand the details of this Exclusion Order and the limitations that it imposes on me.

 

 

Signature of the Person to

whom the Exclusion Order  is issued     ______________________________________

 

            OR

 

            Refusal to Acknowledge Receipt 

 

On (date) _________ at (time) _________, the excluded person named herein in was presented with this  Exclusion Order and refused to acknowledge by signature his/her receipt of this Exclusion Order. 

 

 

Name of Witness                  ____________________________

 

Rank/Title                              ____________________________

 

Unit or Organization                        ____________________________

 

Signature                                               ____________________________

 

Time and Date                       ____________________________