Identifier
Created
Classification
Origin
07PRISTINA616
2007-08-09 13:28:00
CONFIDENTIAL
Embassy Pristina
Cable title:  

KOSOVO: KLINA PROPERTY DECISIONS FINALLY

Tags:  KDEM PGOV PINR PREF PHUM SOCI KV UNMIK 
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RUEHNO/USMISSION USNATO PRIORITY 0967
RUFOADA/JAC MOLESWORTH RAF MOLESWORTH UK PRIORITY
RUCNDT/USMISSION USUN NEW YORK PRIORITY 1246
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C O N F I D E N T I A L SECTION 01 OF 03 PRISTINA 000616 

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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)

C O N F I D E N T I A L SECTION 01 OF 03 PRISTINA 000616

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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

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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