REGULATION NO. 2000/28
UNMIK/REG/2000/28
11 May 2000
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
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
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
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
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
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
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
The Special Representative of the Secretary-General
may issue administrative directions in connection with the implementation of
the present regulation.
Section 8
The present regulation shall supersede any provision
in the applicable law which is inconsistent with it.
Section 9
The present regulation shall enter into force on 11
May 2000.
Bernard
Kouchner
Special Representative of the Secretary-General