Page:Kosovo OMBUDSPERSON INSTITUTION in KOSOVO Regarding the Removal of Emrush Xhemajli, Gafurr Elshani and Sabit Gashi from the List of Candidates for the November 2001 Elections E3011029a.pdf/2

 5. Towards the end of September 2001, several newspapers published in Kosovo reported that candidates whose names appeared on the so-called ‘George Bush List’ would be removed from the list of candidates eligible to run in the elections of November 2001. 6. At a meeting called several days later by Ambassador Daan Everts, Head of the OSCE Mission in Kosovo and Chairman of the Central Election Commission, Mr. Xhemajli and Mr. Elshani were informed that their names had been removed from the list of candidates on the basis of an Executive Order issued by the SRSG.

7. Neither at the meeting with Ambassador Everts nor at any subsequent time were Mr. Xhemajli and Mr. Elshani provided with a copy of the relevant Executive Order or any formal written documentation related to their removal from the candidates list. Nor were they apprised of the existence of any procedures or mechanisms through which they could lodge an appeal against the Executive Order

B. 

8. The name, Mr. Sabit Gashi, appeared on the list referred to in para. 3 above. 9. On 10 September, 2001, the National Movement for Liberation of Kosovo (NMLK) presented its electoral list to the Central Elections Commission in Kosovo. The name of Mr. Sabit Gashi was included on this list as a candidate for election to the Kosovo Assembly.

10. Shortly thereafter, Amb. Everts orally informed Mr. Gashi that he would be excluded from the list of candidates on the basis of an Executive Order of Mr. Hans Haekkerup, the Special Representative of the Secretary-General.

11. On 26 September, 2001, the President of NMLK, Mr. Fatmir Humoli wrote a letter to Amb. Everts stating that the Mr. Sabit Gashi identified as being on the ‘black list’ was not the same person on the electoral slate of NMLK, citing to different dates and places of birth in support of his position.

12. In a 15 October 2001 letter to Mr. Humoli, Amb. Everts stated:

On the basis of information recently delivered to both UNMIK and OSCE from the Government of the United States, I write to inform you that the Mr. Sabit Gashi, the Vice-president of the LKCK (sic) and no. 2 on your party’s candidate list, is the same person as the Mr. Sabit Gashi listed in the US Executive Order annexed to the UNMIK Executive Decision.

It follows that Mr. Sabit Hajdin Gashi is ineligible to be a candidate in the forthcoming election of the Assembly scheduled for 17th November and therefore has been deleted from your party’s candidate list.

13. Mr. Gashi has never received a copy of either the ‘U.S. Executive Order’ or of the ‘UNMIK Executive Decision’. Nor has he been apprised of the existence of any procedures or mechanisms through which he could lodge an appeal against either executive act or otherwise to appeal against his removal from the list of electoral candidates.

II. RELEVANT INSTRUMENTS

14. Section 1 of (25 July 1999) (hereinafter UNMIK Regulation No. 1999/1) reads, in pertinent part:

1. All legislative and executive authority with respect to Kosovo, including the administration of the judiciary, is vested in UNMIK and is exercised by the Special Representative of the Secretary General.