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 In this case, the Ombudsperson found that the removal of Mr. Emrush Xhemajli, Mr. Gafurr Elshani and Mr. Sabit Gashi from the list of candidates of their respective political parties for the 17 November 2001 elections to the Kosovo Assembly violated the right to free elections guaranteed under Article 3 of Protocol No. 1 to the European Convention on Human Rights, the right to respect for private life guaranteed under Article 8 of the Convention, the right to a fair hearing in the determination of a civil right guaranteed under Article 6 of the Convention, the right to freedom of association guaranteed under Article 11 of the Convention and the right to an effective remedy guaranteed under Article 13 of the Convention.

The Ombudsperson recommended that the Special Representative of the Secretary General of the United Nations, no later than 2 November 2001, reinstate Mr. Xhemajli, Mr. Elshani and Mr. Gashi on the list of candidates for the elections of 17 November 2001 for the Kosovo Assembly and ensure that all means be pursued to ensure that these candidates were provided the same status and guarantees as they would have enjoyed had their names not been unlawfully removed from the aforementioned list.

In a letter dated 13 November 2001, the SRSG stated, inter alia, the following:

…[T]he situation in the region continues to constitute a threat to international peace and security with elements analogous to public emergency.… [T]his allows for a reasonable and proportionate derogation of the (implied) right of persons to stand as candidates for election and certain other rights you have mentioned … on the basis of security considerations.…

This difficult determination was made after extensive consultations with key members of the international community actively engaged with UNMIK in Kosovo, and you may be assured that the action taken has their full support.