Abstract: The Human Rights Advisory Panel (HRAP) established in 2006 to strengthen the accountability of UNMIK in Kosovo so far has dealt mainly with cases regarding property and missing persons. In two recent cases of members of the Egyptian and the Serbian minority (Fillim Guga and Nevenka Ristić) it also dealt with privatization of socially-owned enterprises and found discrimination on ethnic grounds by the Special Chamber of the Supreme Court, established by UNMIK for such cases, which raises the accountability of UNMIK. In doing so the panel applied Article 14 of the ECHR on prohibition of discrimination in conjunction with Article 6 ECHR on fair trial in the light of relevant jurisprudence of the European Court of Human Rights. It also pointed out that in these cases the Special Chamber did not recognize a prima facie case of indirect discrimination and did not apply the principle of reversal of proof as required by the Anti-Discrimination Law of Kosovo. On behalf of UNMIK, the Special Representative of the Secretary-General defended the findings of the Special Chamber. The conclusions and recommendations in the Opinion of the Panel hold UNMIK accountable for the violations found and require it to take immediate and effective measures including an apology and adequate compensation for non-pecuniary damage as well as urging EULEX and other competent authorities in Kosovo to reopen the case by the Special Chamber. The work of the HRAP raises wider issues of accountability of international missions like UNMIK, to which it makes an important contribution.
