REGULATION NO. 1999/2

UNMIK/REG/1999/2

12 August 1999

 

 

ON THE PREVENTION OF ACCESS BY INDIVIDUALS AND THEIR REMOVAL TO SECURE PUBLIC PEACE AND ORDER

 

 

The Special Representative of the Secretary- General,

 

Acting pursuant to the authority given to him under United Nations Security Council Resolution 1244 (1999) of 10 June 1999, and for the purpose of maintaining public peace and order in the territory of Kosovo;

 

Hereby promulgates the following:

 

 

Section 1

TEMPORARY REMOVAL AND PREVENTION OF ACCESS

 

1.1      The relevant law enforcement authorities may temporarily remove a person from a location, or prevent access by a person to a location, if this is necessary in the opinion of the law enforcement authorities and in light of the prevailing circumstances on the scene, to prevent a threat to public peace and order.

 

1.2      A threat to public peace and order may be posed by any act that jeopardizes:

 

(a)   the rule of law;

 

(b)  the human rights of individuals;

 

(c)   public and private property;

 

(d)  the unimpeded functioning of public institutions.

 

1.3     The relevant law enforcement authorities may temporarily remove a person from a location, or prevent access by a person to a location, if this is necessary in the opinion of the law enforcement authorities and in light of the prevailing circumstances on the scene, to prevent interference with the carrying out of the duties of the fire department, the delivery of first aid, or any other emergency activity.

 

 

Section 2

TEMPORARY DETENTION   

 

2.1       The relevant law enforcement authorities may temporarily detain a person, if this is necessary in the opinion of the law enforcement authorities and in light of the prevailing circumstances on the scene, to remove a person from a location, or to prevent access by a person to a location in accordance with section 1 of the present regulation.

 

2.2     The detention may last only so long as necessary to carry out the actions specified in section 1 of the present regulation and in any case no longer than 12 hours.

 

 

Section 3

ENTRY INTO FORCE

 

The present regulation shall enter into force on 12 August 1999.

 

 

 

Bernard Kouchner

Special Representative of the Secretary-General