Osoby zaginione w Kosowie a ONZ – rozważania na tle działalności Komisji Doradczej ds. Praw Człowieka

The article presents an analysis of the jurisprudence of the Human Rights Advisory Panel in Kosovo with regard to investigating disappearances. The Panel was created with the aim to examine alleged violations of human rights by the United Nations Interim Administration Mission in Kosovo (UNMIK). The European Convention on Human Rights and European Court of Human Rights case-law constituted the basis of the Panel’s reasoning and the majority of its opinions. While there were substantial differences between the complaints to the Panel and to the Court, their jurisprudence in disappearances cases is similar: both bodies approached the burden of proof and procedural obligations of Article 2 of the Convention in the same way, and – depending on the existence of special factors – found violations of Article 3 of the Convention with regard to relatives of the disappeared person. The Panel introduced two important changes while analyzing the violation of the rights of the disappeared persons family: it recognized a violation regardless whether UNMIK was responsible for the disappearances, and it restricted its temporal jurisdiction in this context. The article also analyzes how UNMIK has reacted to the Panel’s recommendations.