A judge sided with the law firm in his ruling on the case at London's High Court. AP.
A judge sided with the law firm in his ruling on the case at London's High Court. AP.
A judge sided with the law firm in his ruling on the case at London's High Court. AP.
A judge sided with the law firm in his ruling on the case at London's High Court. AP.

Relatives of Serbs killed in Kosovo lose damages case appeal against UK foreign office


Nicky Harley
  • English
  • Arabic

The relatives of nine Serbians killed and abducted in Kosovo have lost their appeal in a damages case against the British foreign office.

The families had claimed a prosecutor employed by the foreign office had failed to properly investigate the murders and disappearances of their relatives in breach of the Human Rights Act.

Between 2013 and 2016, the foreign office seconded Jonathan Ratel to the role of Head of the Special Prosecutions Office of the Republic of Kosovo (SPRK) to investigate war crimes.

The foreign office said Mr Ratel was immune from the legal process and that his immunity could not be circumvented by an action against them, and the claimants were not within the jurisdiction of the UK.

It also said Mr Ratel’s conduct of his official functions as head of the SPRK was not attributable to the UK and that the Human Rights Act 1998 was not applicable to the claim because the incidents took place before it came into force.

In December 2019, Mr Justice Johnson had rejected the relatives' claims and now Lady Justice Simler, sitting at London's high court has dismissed their appeal against his decision.

“I wish to acknowledge the grave impact those crimes and the absence of any investigation has had on them,” she said.

“The circumstances, and the ongoing lack of closure for them, are plainly tragic and undoubtedly distressing.

“The claimants can rest assured that I have considered all of the material provided in support of this application and all points made on their behalves.

“Nothing I have said should be read as detracting in any way from the tragic circumstances with which they and their families have had to contend. Nor for the reasons given, are there exceptional circumstances that justify reopening the application.”

She ruled that at the material time the foreign office was not responsible and had no direct control over Mr Ratel’s actions and the claimants were not within the jurisdiction of the UK.

“It is clear that allowing the claims to proceed to trial would lead to the same result and accordingly there is no injustice in the claims being stopped at this stage,” she said.

The claims were brought by the wives and mothers and brothers of nine men killed during the war in Kosovo between 1999 and 2000.

One of the victims, Dr Andrija Tomanovic, was director of surgery at Pristina Hospital.

The 63-year-old was abducted from the hospital in 1999 and his body has never been found.

Father and son, Dimitrije and Aleksandar Milenkovic, were abducted and shot in 1999.

Power plant engineer Zoran Kontic had escaped from Kosovo with his wife after receiving threats but had been told to return to work because “British troops required assistance in restarting the power plant.”

But days later he was found murdered in his home.

Pit employee Predrag Todorovic, a father-of-four, had moved to Obilic where he thought his family would be safe.

He was lured from his home by a woman screaming for help and was shot 30 times.

Mechanic Miroljub Milovanovic was murdered with his friend when armed men ambushed him in his car, and Slavko Veselinovic, who also worked at the mines, was shot dead by soldiers.

Electrician Zivorad Jovanovic was shot by five armed men and Srdjan Peric was inspecting his land on the outskirts of his village when he was shot in the head and killed.

Each of the incidents took place after the establishment of an international presence in Kosovo under the authority of the United Nations.

The court was told “nobody has been brought to justice for the killings/disappearance” and they have “not been investigated”.

Last year, Kosovo's President Hashim Thaci resigned after it was revealed he must face a war crimes court in The Hague.

He has been charged with war crimes dating back to the conflict with Serbia in the 1990s, when Mr Thaci was the political chief of Kosovo's rebel army.

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T20 WORLD CUP QUALIFIERS

Qualifier A, Muscat

(All matches to be streamed live on icc.tv) 

Fixtures

Friday, February 18: 10am Oman v Nepal, Canada v Philippines; 2pm Ireland v UAE, Germany v Bahrain 

Saturday, February 19: 10am Oman v Canada, Nepal v Philippines; 2pm UAE v Germany, Ireland v Bahrain 

Monday, February 21: 10am Ireland v Germany, UAE v Bahrain; 2pm Nepal v Canada, Oman v Philippines 

Tuesday, February 22: 2pm Semi-finals 

Thursday, February 24: 2pm Final 

UAE squad:Ahmed Raza(captain), Muhammad Waseem, Chirag Suri, Vriitya Aravind, Rohan Mustafa, Kashif Daud, Zahoor Khan, Alishan Sharafu, Raja Akifullah, Karthik Meiyappan, Junaid Siddique, Basil Hameed, Zafar Farid, Mohammed Boota, Mohammed Usman, Rahul Bhatia

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4,872 matches 

1,942 teams

116 pitches

76 nations

26 UAE teams

15 Lebanese teams

2 Kuwaiti teams

RESULTS

Bantamweight

Victor Nunes (BRA) beat Siyovush Gulmamadov (TJK)

(Split decision)

Featherweight

Hussein Salim (IRQ) beat Shakhriyor Juraev (UZB)

(Round 1 submission, armbar)

Catchweight 80kg

Rashed Dawood (UAE) beat Otabek Kadirov (UZB)

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Lightweight

Ho Taek-oh (KOR) beat Ronald Girones (CUB)

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Lightweight

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Flyweight

Shannon Ross (TUR) beat Donovon Freelow (USA)

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Lightweight

Dan Collins (GBR) beat Mohammad Yahya (UAE)

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Catchweight 73kg

Martun Mezhulmyan (ARM) beat Islam Mamedov (RUS)

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China and the UAE agree comprehensive strategic partnership

China and the UAE forged even closer links between the two countries during the landmark state visit after finalising a ten-point agreement on a range of issues, from international affairs to the economy and trade and renewable energy.

1. Politics: The two countries agreed to support each other on issues of security and to work together on regional and international challenges. The nations also confirmed that the number of high-level state visits between China and the UAE will increase.

2. Economy: The UAE offers its full support to China's Belt and Road Initiative, which will combine a land 'economic belt" and a "maritime silk road" that will link China with the Arabian Gulf as well as Southeast, South and Central China, North Africa and, eventually, Europe. 

3. Business and innovation: The two nations are committed to exploring new partnerships in sectors such as Artificial Intelligence, energy, the aviation and transport industries and have vowed to build economic co-operation through the UAE-China Business Committee.

4. Education, science and technology: The Partnership Programme between Arab countries in Science and Technology will encourage young Emirati scientists to conduct research in China, while the nations will work together on the peaceful use of nuclear energy, renewable energy and space projects. 

5. Renewable energy and water: The two countries will partner to develop renewable energy schemes and work to reduce climate change. The nations have also reiterated their support for the Abu Dhabi-based International Renewable Energy Agency.

6. Oil and gas: The UAE and China will work in partnership in the crude oil trade and the exploration and development of oil and natural gas resources.

7. Military and law enforcement and security fields: Joint training will take place between the Chinese and UAE armed forces, while the two nations will step up efforts to combat terrorism and organised crime. 

8. Culture and humanitarian issues: Joint cultural projects will be developed and partnerships will be cultivated on the preservation of heritage, contemporary art and tourism. 

9. Movement between countries: China and the UAE made clear their intent to encourage travel between the countries through a wide-ranging visa waiver agreement.

10. Implementing the strategic partnership: The Intergovernmental Co-operation Committee, established last year, will be used to ensure the objectives of the partnership are implemented.

 

 

ELIO

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Directors: Madeline Sharafian, Domee Shi, Adrian Molina

Rating: 4/5

UAE currency: the story behind the money in your pockets
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BMW M5 specs

Engine: 4.4-litre twin-turbo V-8 petrol enging with additional electric motor

Power: 727hp

Torque: 1,000Nm

Transmission: 8-speed auto

Fuel consumption: 10.6L/100km

On sale: Now

Price: From Dh650,000

While you're here
UAE%20PREMIERSHIP
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Panipat

Director Ashutosh Gowariker

Produced Ashutosh Gowariker, Rohit Shelatkar, Reliance Entertainment

Cast Arjun Kapoor, Sanjay Dutt, Kriti Sanon, Mohnish Behl, Padmini Kolhapure, Zeenat Aman

Rating 3 /stars

if you go

The flights

Emirates have direct flights from Dubai to Glasgow from Dh3,115. Alternatively, if you want to see a bit of Edinburgh first, then you can fly there direct with Etihad from Abu Dhabi.

The hotel

Located in the heart of Mackintosh's Glasgow, the Dakota Deluxe is perhaps the most refined hotel anywhere in the city. Doubles from Dh850

 Events and tours

There are various Mackintosh specific events throughout 2018 – for more details and to see a map of his surviving designs see glasgowmackintosh.com

For walking tours focussing on the Glasgow Style, see the website of the Glasgow School of Art. 

More information

For ideas on planning a trip to Scotland, visit www.visitscotland.com

Results

2pm: Maiden (PA) Dh 40,000 (Dirt) 1,200m, Winner: AF Thayer, Tadhg O’Shea (jockey), Ernst Oertel (trainer).

2.30pm: Maiden (PA) Dh 40,000 (D) 1,200m, Winner: AF Sahwa, Nathan Crosse, Mohamed Ramadan.

3pm: Handicap (PA) Dh 40,000 (D) 1,000m, Winner: AF Thobor, Szczepan Mazur, Ernst Oertel.

3.30pm: Handicap (PA) Dh 40,000 (D) 2,000m, Winner: AF Mezmar, Szczepan Mazur, Ernst Oertel.

4pm: Sheikh Hamdan bin Rashid Al Maktoum Cup presented by Longines (TB) Dh 200,000 (D) 1,700m, Winner: Galvanize, Nathan Cross, Doug Watson.

4.30pm: Handicap (PA) Dh 40,000 (D) 1,700m, Winner: Ajaj, Bernardo Pinheiro, Mohamed Daggash.

Leaderboard

63 - Mike Lorenzo-Vera (FRA)

64 - Rory McIlroy (NIR)

66 - Jon Rahm (ESP)

67 - Tom Lewis (ENG), Tommy Fleetwood (ENG)

68 - Rafael Cabrera-Bello (ESP), Marcus Kinhult (SWE)

69 - Justin Rose (ENG), Thomas Detry (BEL), Francesco Molinari (ITA), Danny Willett (ENG), Li Haotong (CHN), Matthias Schwab (AUT)

WandaVision

Starring: Elizabeth Olsen, Paul Bettany

Directed by: Matt Shakman

Rating: Four stars