CAT/C/53/D/482/2011
1.2
On 11 November 2011, under rule 114 of its rules of procedure, the Rapporteur on
new complaints and interim measures, acting on behalf of the Committee, requested the
State party to stay its enforcement of the order to expel the complainants while their
complaint was being considered by the Committee.
The facts as presented by the complainants
2.1
The complainants used to live in Grabanice, a village of 400 inhabitants of Albanian
ethnicity in the district of Kline, Kosovo. They lived together in the family home, as is the
custom, with the exception of H.S., the nephew of R.S., who lived separately.
2.2
On 6 December 2004, while H.S. was driving home, he was shot at from a vehicle
that was following him. H.S. was not hit, but a friend who was with him was wounded. The
police found dozens of automatic rifle casings on the road. The prosecutor opened an
inquiry into the attempted murder committed by a person or persons unknown. H.S.
subsequently received threatening telephone calls. He reported them to the police, who
registered his complaints. However, the police did not ask for his telephone number and
made no effort to trace the persons who had made the calls.
2.3
On 27 June 2006, H.S. was in his car with a friend when the vehicle exploded. H.S.
was seriously injured: his spleen ruptured and he suffered internal bleeding. Inquiries
carried out jointly by the International Security Force in Kosovo (KFOR) and the police led
to the finding that a remote-controlled mine had been placed in the boot of the
complainant’s car. After being discharged from hospital, the complainant continued to
receive anonymous threats by telephone.
2.4
On 3 February 2007, V.S. was shot at as he was leaving the house. He threw himself
to the ground and was not injured. He seized a Kalashnikov automatic rifle and fired
indiscriminately in the direction from which the shots were coming before calling the police,
who arrived at the scene 45 minutes later. The police found shell casings and two different
shoe prints. The police also drew up a report, but chose not to bring dogs to the scene. V.S.
was taken to the police station to make a statement, where the police confiscated his jacket,
which had a bullet hole in it, as well as his Kalashnikov. The complainant was held for 72
hours for carrying an illegal weapon. The police also questioned his parents and sister to
ascertain whether they had any suspicions or could offer any clues as to the identity of the
assailants. In addition, a witness told police that he had seen two men armed with
Kalashnikovs near the village bus stop.
2.5
Later that night, the complainants heard rifle shots, stones being thrown at the roof,
and footsteps circling the house. In addition, one of V.S.’s cows was stolen, and he received
three anonymous telephone calls during which death threats were made. He received the
last such telephone call one week before he left for Switzerland. The police patrolled the
village for two weeks before calling off their surveillance. Feeling in danger, V.S. decided
to leave the country on 5 May 2007, together with his cousin H.S., who also continued to
receive threats. They entered Switzerland on 7 May 2007 thanks to a people-smuggler who
took them to Vallorbe. Once there, they applied for asylum.
2.6
H.S.’s son, who had kept his father’s mobile telephone, continued to receive death
threats and therefore he too decided to leave Kosovo; he subsequently applied for asylum in
Austria.
2.7
In October 2007, shots were again fired at the family house while R.S., her husband,
their daughter and their daughter-in-law were at home. One day, two men called at the
house and introduced themselves as friends of V.S. who were trying to contact him by
telephone. V.S.’s father claimed not to know his son’s telephone number and the men left,
telling the father that they would see him later. Having been told about the incident by his
family, V.S. said that he had no friends who met the men’s description. His sister and father
GE.15-00578
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