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Decisions on complaints and appeals in Kosovo elections
PRISTINA 14 November 2000
PRISTINA, 14 November 2000 - At its 13th and 14th sessions on 2 and 4 November 2000, the Kosovo Election Complaints and Appeals sub-Commission (ECAC) dealt with all complaints as relating to election day. The ECAC issued 71 decisions, of these cases only seven required action. The majority of the cases dealt with irregularities of minor significance observed at polling stations, and were dismissed either as baseless or de minimis.
The details for each decision are available on request.
Media During the Electoral Campaign
The ECAC was referred six cases by the regional Media Advisory Panels [MAP] regarding fair and equitable media coverage of all political entities during the electoral campaign, as set out by Electoral Rule 2000/11 and Administrative Procedure No. 1. In four cases, the ECAC upheld the decision of the central MAP and that the Temporary Media Commissioner should take further action as deemed appropriate. The media in question in the decisions were Rilindja, Radio Fontana (Prizren), Radio Besa (Prizren) and Radio Rinia (Gjilan/Gnjilane). Further, the broadcast media were reminded that such violations should be taken into consideration when their license is due for renewal. The other two cases against RTK and Radio Globi (Mitrovicë/Mitrovica) were dismissed.
Three decisions by the ECAC, regarding Polling Day activities of Polling Station Committees and the chair of a Municipal Election Commission [MEC], were referred to the Central Election Commission for action.
ECAC Case No. PD 2000/061-062 Polling Station Committee Chair The ECAC received separate complaints from an International Supervisor and a political party observer regarding a Chairperson of a Polling Station Committee in Skenderaj/Srbica municipality. The allegation was that on Polling Day, he influenced people to vote for the Democratic Party of Kosovo (PDK), and allowed families together behind the screen and himself assisted voters in voting. As these actions constitute a violation of Electoral Rule 2000/13, not ensuring the integrity, security and tranquillity of the voting process, the ECAC referred the case to the Central Election Commission for appropriate action.
ECAC Case No. PD 2000/072 Municipal Election Commission Chair The ECAC received a complaint from the International Supervisor in Vushtrri/Vucitrn municipality alleging that the Chairperson of the Municipal Election Committee intervened in the voting process. After examining the facts of the case, the ECAC is of the opinion that the MEC Chairperson interfered in the electoral process in violation of Electoral Rule 2000/13 and demonstrated an unprofessional and partial behavior. The ECAC recommended to the Central Election Commission to remove the MEC Chairperson for Vushtrri/Vucitrn.
ECAC Case No. PD 2000/127 Polling Station Committee ChairIt was alleged that a member of the Polling Station Committee was also a candidate for the Republican Party of Kosovo (PRK) in Shtime/ timlje municipality. It has been confirmed that this person s name is on the PRK candidate list and, according to Electoral Rule 2000/13, is not eligible to be a member of a Polling Station Committee. The ECAC referred the case to the Central Election Commission for appropriate action.
Of the remaining 63 decisions issued by the ECAC, the complaints filed regarding Election Day irregularities and alleged bias can be grouped in one or a number of the following areas: Polling Station Staff bias; Polling Station Procedures, such as persons not be able to vote; Polling Station Observers influencing voters; Municipal Election Commission member influencing voters; Political party members/observers attempting to influence or intimidate voters; and Kosovo Protection Corps (TMK) presence at Polling Stations.
The ECAC verified these complaints with Election Officers, poll books and other reports filed from the field and found the allegations to be either baseless or de minimis and dismissed all these complaints.
In its decisions, however, the ECAC noted that:
Polling Station Committees were selected by the OSCE after consulting the appropriate Municipal Election Commission;
The ECAC also reviewed cases that had not yet been determined. These cases raised no allegations of substance that had not already been addressed in previous decisions. Therefore, the ECAC concluded that no cases were pending that required determination by the ECAC.
For further information, contact Roland Bless, Spokesperson, OSCE Mission in Kosovo, tel.: (+381-38) 500-162 or satphone: 871-762-009-948, ext. 260 / mobile: (+389-70) 250-576 / e-mail: press@omik.org or website: /kosovo
The details for each decision are available on request.
Media During the Electoral Campaign
The ECAC was referred six cases by the regional Media Advisory Panels [MAP] regarding fair and equitable media coverage of all political entities during the electoral campaign, as set out by Electoral Rule 2000/11 and Administrative Procedure No. 1. In four cases, the ECAC upheld the decision of the central MAP and that the Temporary Media Commissioner should take further action as deemed appropriate. The media in question in the decisions were Rilindja, Radio Fontana (Prizren), Radio Besa (Prizren) and Radio Rinia (Gjilan/Gnjilane). Further, the broadcast media were reminded that such violations should be taken into consideration when their license is due for renewal. The other two cases against RTK and Radio Globi (Mitrovicë/Mitrovica) were dismissed.
Three decisions by the ECAC, regarding Polling Day activities of Polling Station Committees and the chair of a Municipal Election Commission [MEC], were referred to the Central Election Commission for action.
ECAC Case No. PD 2000/061-062 Polling Station Committee Chair The ECAC received separate complaints from an International Supervisor and a political party observer regarding a Chairperson of a Polling Station Committee in Skenderaj/Srbica municipality. The allegation was that on Polling Day, he influenced people to vote for the Democratic Party of Kosovo (PDK), and allowed families together behind the screen and himself assisted voters in voting. As these actions constitute a violation of Electoral Rule 2000/13, not ensuring the integrity, security and tranquillity of the voting process, the ECAC referred the case to the Central Election Commission for appropriate action.
ECAC Case No. PD 2000/072 Municipal Election Commission Chair The ECAC received a complaint from the International Supervisor in Vushtrri/Vucitrn municipality alleging that the Chairperson of the Municipal Election Committee intervened in the voting process. After examining the facts of the case, the ECAC is of the opinion that the MEC Chairperson interfered in the electoral process in violation of Electoral Rule 2000/13 and demonstrated an unprofessional and partial behavior. The ECAC recommended to the Central Election Commission to remove the MEC Chairperson for Vushtrri/Vucitrn.
ECAC Case No. PD 2000/127 Polling Station Committee ChairIt was alleged that a member of the Polling Station Committee was also a candidate for the Republican Party of Kosovo (PRK) in Shtime/ timlje municipality. It has been confirmed that this person s name is on the PRK candidate list and, according to Electoral Rule 2000/13, is not eligible to be a member of a Polling Station Committee. The ECAC referred the case to the Central Election Commission for appropriate action.
Of the remaining 63 decisions issued by the ECAC, the complaints filed regarding Election Day irregularities and alleged bias can be grouped in one or a number of the following areas: Polling Station Staff bias; Polling Station Procedures, such as persons not be able to vote; Polling Station Observers influencing voters; Municipal Election Commission member influencing voters; Political party members/observers attempting to influence or intimidate voters; and Kosovo Protection Corps (TMK) presence at Polling Stations.
The ECAC verified these complaints with Election Officers, poll books and other reports filed from the field and found the allegations to be either baseless or de minimis and dismissed all these complaints.
In its decisions, however, the ECAC noted that:
Polling Station Committees were selected by the OSCE after consulting the appropriate Municipal Election Commission;
- Some Polling Stations were opened late for technical reasons, but this did not prevent people from voting;
- Claims that persons were not able to vote were not substantiated by investigations into the poll books and turnout results;
- Upon investigation no International Supervisors were found to have encouraged anyone to vote for a specific political entity; and
- Persons are entitled to assistance under Electoral Rule 2000/13 section 13.85 if they are blind, illiterate, or bodily incapacitated.
The ECAC also reviewed cases that had not yet been determined. These cases raised no allegations of substance that had not already been addressed in previous decisions. Therefore, the ECAC concluded that no cases were pending that required determination by the ECAC.
For further information, contact Roland Bless, Spokesperson, OSCE Mission in Kosovo, tel.: (+381-38) 500-162 or satphone: 871-762-009-948, ext. 260 / mobile: (+389-70) 250-576 / e-mail: press@omik.org or website: /kosovo