KOSOVO: KLINA PROPERTY DECISIONS FINALLY

C O N F I D E N T I A L SECTION 01 OF 03 PRISTINA 000616 SIPDIS SIPDIS DEPT FOR DRL, INL, EUR/SCE NSC FOR BRAUN USUN FOR DREW SCHUFLETOWSKI EUR/ACE FOR DMAYHEW E.O. 12958: DECL: 08/09/2017 TAGS: KDEM PGOV PINR PREF PHUM SOCI KV UNMIK SUBJECT: KOSOVO: KLINA PROPERTY DECISIONS FINALLY IMPLEMENTED Classified By: CDA Alex Laskaris for reasons 1.4 (b),(d) ¶1. (C) SUMMARY: Recent actions by the mayor and CEO of Kline/Klina municipality to challenge two high-profile Kosovo Property Agency (KPA) decisions in favor of Kosovo Serbs sent disturbing signals about the property restitution process (especially for Kosovo Serbs) and the general rule of law situation in Kosovo. Subsequent PISG reversal of their unhelpful stand returned us to the status quo ante but with a loss of support for the process. The two officials refused at first to enforce these decisions, with the apparent support of high-ranking ruling LDK party figures, and Kosovo police took their cue and did not carry out their eviction duties. On August 2, UNMIK temporarily suspended all KPA decisions on property claims to make certain all stakeholders, particularly the PISG, supported the process. USOP strongly urged the PISG plus the mayor and CEO on August 7 to implement these decisions -- and the two promised to do so at an August 8 extraordinary KPA board meeting. DSRSG Schook then immediately lifted the temporary suspension and at a subsequent press conference, which the mayor, CEO, USOP and the UK Office attended. All agreed that the rule of law must be respected. The fact that the PISG and LDK did the right thing under concerted international prodding does not preclude backsliding. END SUMMARY. BACKGROUND ¶2. (SBU) The two KPA decisions in question involve urban properties in Kline/Klina municipality. The first case is that of Sveto Dabizljevic, pre-war Mayor of Klina, who obtained a KPA decision granting him ownership of his apartment, which is illegally occupied. The illegal occupant, Fadil Gashi, is the local president of Kosovo's largest party (LDK),an MP in the Kosovo Assembly, the Deputy CEO, and the Municipal Director of Civil Security. The KPA evicted him in May, but Gashi reoccupied the apartment in July, and has thus far refused to leave. The second case (but the first of the two to attract widespread public attention, including in the Belgrade media) involves Serb claimant Radivoje Isajlovic. He won a KPA judgment to reoccupy his property, illegally expropriated by the municipality, which then built a "Youth Center" on it that was rented in turn to an Italian NGO implementing a three-year capacity-building project in the municipality. ¶3. (C) The second case became problematic July 12 when the municipality refused to remove its property from the Youth Center despite the KPA order, claiming the KPA had based its decision on fraudulent documents. UNMIK Regional Representative Luis Perez-Segnini told us he approached the municipality in an effort to gain its cooperation; it refused, and in a public statement later in the week municipal CEO Shpend Terdeva declared him "persona non grata" in the municipality. Subsequently, on July 26, the newspapers Koha Ditore and Zeri ran articles repeating Terdeva's declaration and, more disturbingly, alleging that Dabizljevic was a "war criminal." The press also called attention to Perez-Segnini's assistance to Dabizljevic, in an attempt to further discredit him. Deputy PM and LDK Vice President Lutfi Haziri also injected himself - unhelpfully - into the process, arguing to UNMIK and USOP that the KPA decision on the Youth Center case was unfair and based on fraudulent documents. ¶4. (C) Perez-Segnini told poloff that Terdeva, and not the mayor, was the driving force behind the municipality's actions. He went on to explain that many Albanians in Klina told him that at one point, Terdeva went so far as to tell Gashi to stay in the apartment despite the pressure from UNMIK. According to Perez-Segnini's sources, Terdeva and the municipality have illegally occupied numerous Serb properties in Klina and rented them out; the enforcement of KPA decisions affecting such properties could expose Terdeva to angry tenants. Terdeva tried to use the cases in question in PRISTINA 00000616 002 OF 003 an attempt to maintain the status quo and avoid his own political problems. Perez-Segnini pointed to an upcoming KPA enforcement involving the illegally-occupied home of Serb Vladimir Radosavljevic, which the municipality has rented to the extremist Self-Determination Movement; he thinks any eviction from that property is bound to be controversial. NO HELP FROM KPS ¶5. (C) On July 30, when a second attempt to evict Gashi was scheduled, the KPS refused to help Perez-Segnini, claiming it required proof that the flat had been totally vacated during the original eviction on May 27, despite the fact that the KPA had given the keys to the apartment to Dabizljevic. The KPS also refused to help in the Youth Center case, said it required a decision by the Public Prosecutor in order to act. even though Perez-Segnini informed them that UNMIK Executive Order (E.O.) 2006/60 specifically authorizes police to evict illegal occupants without the decision of a prosecutor. He told USOP that the KPS did not appear willing to enforce either eviction order and were actively seeking reasons not to cooperate, likely due to political pressure from municipal officials. PROBLEM RESOLVED... ¶6. (C) DSRSG Schook promulgated an UNMIK executive order on August 2, which temporarily suspended the "implementation and enforcement of (KPA) decisions that have not yet been executed." DSRSG Schook later explained to us that this decision was made in order to bring all "stakeholders" back into the fold as effective partners in implementing Priority Standard 6, which deals with property rights. ¶7. (C) On August 7, Deputy PM Haziri held a meeting with Klina Mayor Gjetaj and CEO Terdeva, at which, according to sources close to him, he pressured them to implement the KPA decisions. We met subsequently with the pair, delivering our position that KPA decisions must be complied with and not reopened, even if enforcement were politically unpopular, and emphasizing the extreme sensitivity of the political climate during the current Troika-led negotiations period. Gjetaj said that despite his misgivings about the basis of the decisions, the municipality would comply with them. CEO Terdeva, who had publicly denounced Perez-Segnini in the press, also voiced his willingness to enforce the decisions. P/E chief also made clear that public attacks against either claimants or UNMIK administrators were unacceptable. Later on August 7, PM Ceku assured us that these KPA decisions would be enforced. ¶8. (SBU) At an August 8 extraordinary KPA board meeting, which USOP and UK Office attended, the Klina mayor and CEO promised that they would ensure implementation of these decisions. As a result, Schook, who chaired the meeting, immediately lifted the suspension order. At a subsequent press conference, all agreed that the rule of law needed to be respected and pledged their cooperation to make certain KPA decisions would be implemented. The mayor and CEO noted that they would continue to fight the decision over the Youth Center, claiming the it had been based on fraudulent documents, but would do so only through the court system. (Note: There is nothing to stop the municipality from taking action via the courts. KPA head Rosandhaug made clear during the press conference that the two processes were separate and distinct. To make this case even more complicated, Rosandhaug did not dispute that the Youth Center property had always been owned by the municipality, but said that was not the point: the Kosovo Serb who lived there in 1999 was able to demonstrate his possession rights at the time. End Note.) COMMENT: ...FOR NOW ¶9. (C) The KPA claims commission and its predecessor agency PRISTINA 00000616 003 OF 003 have implemented over 29,000 property decisions arising from the 1998-99 conflict and its aftermath. There are only around 350 decisions remaining, which represent some of the most difficult cases to implement, in terms of geography (some are ethnic Albanian restitution cases in the north section of the divided town of Mitrovica) and potential for political interference. We will continue to support the KPA and make certain its decisions are enforced, regardless of the ethnicity of the claimants or the effect on the interests of political parties or individuals. This is particularly important for creating an environment conducive to the return and well-being of the Kosovo Serb community. This was an unnecessary incident brought about by the Deputy Prime Minister acting in his LDK capacity and in concert with local LDK officials with strong personal interests at stake. That the PISG - under duress - did the right thing is welcome, but the cost was a loss of credibility and a PR bonanza for Belgrade. LASKARIS