CAT/C/53/D/482/2011 3.2 The complainants assert that the Kosovo police are unable to protect them, as evidenced by the fact that the father of the family was killed following a number of death threats and murder attempts. They themselves were victims of serious and persistent threats and exposed to grave danger in Kosovo, yet no suspect was arrested and no criminal proceedings were initiated. The police were unable to provide them with continuous protection and patrolled their village only very occasionally. The police also told E.S. on several occasions that they were not able to protect the family and that they should all be careful. The complainants also state that the police advised E.S. to withdraw her testimony in order to avoid the risk of reprisals by the assailants’ clan. The complainants further state that they cannot move to another town because Kosovo is a small, impoverished country whose population is made up of clans, which makes it impossible to move one’s place of residence freely. 3.3 The complainants refer to the weakness and inefficacy of the judicial system in Kosovo, in which corruption is rife and the number of complaints filed by police officers exceeds the number of complaints filed by citizens.5 The Constitutional Court is dealing with numerous complaints concerning flaws in the judicial system. In addition to problems of incompetency and internal disorganization, the judicial system is particularly ineffective in protecting victims and witnesses6 in a society where personal vengeance is an established approach to the settlement of disputes. 3.4 The complainants consider that they have exhausted available domestic remedies, since decisions issued by the Federal Administrative Court on 11 May 2011 are final. State party’s observations on admissibility and the merits 4.1 The State party submitted its observations on 10 May 2012. After reviewing its internal procedures, it states that each of the Federal Administrative Court judgements was based on an in-depth examination of the complainants’ allegations regarding the risks they would run if deported. The Court ruled that the Kosovo authorities’ willingness and ability to prevent people from being persecuted was indisputable and that the authorities continued to prosecute perpetrators of criminal offences. The Court also noted that reports prepared by independent institutions such as the Council of Europe Commissioner for Human Rights indicated that, if the police were derelict in their duty, individuals could file complaints with specialized authorities such as the International Investigation Unit, the Kosovo investigative police and the Ombudsman’s Office. 4.2 With regard to the specific situation of the complainants, the Federal Administrative Court found that the police force had intervened to protect them insofar as its means and resources allowed and that it had thus demonstrated its will and capacity to take action. Therefore, the fact that the course of action taken by the complainants was unsuccessful does not mean that adequate protection was lacking. Furthermore, the complainants have provided no concrete evidence to demonstrate that the police or other State bodies supported, encouraged or endorsed the conduct of the alleged assailants. No State can ensure absolute protection for its citizens against violent criminal acts in all places at all times. The State party further notes that the only new piece of evidence submitted by the complainants that the Kosovo authorities had not had the opportunity to examine is the investigative report issued by the Swiss Refugee Council on 31 August 2011. However, the State party finds no new evidence in this report that would alter the line of reasoning that 5 6 6 The complainants refer to the United States Department of State 2010 Country Report on Human Rights Practices, 8 April 2011, and specifically the section of the report on Kosovo entitled “Civil Judicial Procedures and Remedies”, and to Freedom House, Freedom in the World 2011. The complainants refer to Human Rights Watch, World Report 2011, Events of 2010, 24 January 2011. GE.15-00578