In November 2006 a Belgrade-based non-governmental organisation Praxis addressed the European Court for Human Rights with the request for intervention in the case Gajic v. Germany (Application No. 31446/02) on the grounds of the Article 36 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

In August 2002 Mr Gajic submitted an application to the European Court against Germany on the grounds of an unauthorised use of his apartment in Prizren, without compensation, by the German KFOR Contingent. The facts indicate obvious violation of the Article 8 of the European Convention (the right to respect for one's private and family life) and Article 1 of the Protocol I of the European Convention (property protection). In November 2006 German Government delivered the requested reply to the Court. Among other things, it is stated that the afore-mentioned violation of property rights cannot be attributed to Germany, on the grounds of the same arguments previously presented in the ongoing case Saramati v. France, Germany and Norway (Application No.78166/01). German Government claims that the German Contingent had been acting under a supreme command of KFOR, as an executive body of the United Nations Mission in Kosovo, and that, therefore, solely the United Nations bear responsibility for the violation of the property rights.

Taking into consideration that Praxis has proven experience in 34 compensation claims submitted to the German KFOR Contingent with the same request directed to the responsible German state authorities, Praxis’ intervention in this case would help clarify important facts, decisive for the just solution of the dispute.

Download: Praxis' Request for Intervention in the Case Gajic v. Germany