These two claims were reviewed by the Panel as part of the special instalment of deceased detainee claims (the special instalment ).

The total number of claims not recommended for payment in the special instalment includes two category D claims withdrawn by Kuwait.

Those special claims will receive the rank below the general unsecured claims, as provided in the law of the enacting State.

The total number of claims recommended for payment in the special instalment includes 602 claims originally filed as part of the 605 deceased detainee claims plus two claims for personal injuries resulting from landmine explosions filed pursuant to decision 12.

Subsequent groups of overlapping claims were identified and reviewed in the Second special report and recommendations made by the E4' and E4A' Panels of Commissioners concerning overlapping claims (S AC.26 2003 24) (the Second Special Overlap Report ) and the Third special report and recommendations made by the merged E4' Panel of Commissioners concerning overlapping claims (S AC.26 2004 13) (the Third Special Overlap Report ).

In re examining these claims, the Panel notes the approach to the reconsideration of overlapping claims set out in paragraph 16 of the Special Overlap Report.

Kuwait has incorporated the losses of the detainees included in the suspended claims that remain appropriate for review within the 603 claims comprising the special instalment.

The Panel applies these findings concerning interest to the claims included in the special instalment.

The Panel has not transmitted any of the claims in the special instalment to Iraq for its comments, as the claims did not meet the Panel's established criteria for the transmission of category D claims to Iraq.

The Panel's findings and recommendations concerning those claims were set out in the special instalment report.

The Panel has taken up these two claims for review as part of the special instalment.

The application of decision 123 to a group of claims in the first seven instalments of E4 claims that had been identified as potentially overlapping with claims submitted by individuals in category C and or D is described in the Special report and recommendations made by the E4' and E4A' Panels of Commissioners concerning overlapping claims (S AC.26 2002 28) (the Special Overlap Report ).

SECOND FOURTH SPECIAL REPORT AND RECOMMENDATIONS MADE BY THE MERGED E4 PANEL OF COMMISSIONERS CONCERNING OVERLAPPING CLAIMS

The special instalment comprises claims containing, inter alia, both category C and category D claims for the personal losses of the deceased detainees, including claims for departure expenses, loss of personal property and motor vehicles, real property losses and business losses.

Having determined that the nine additional deceased detainee claims were eligible for filing with the Commission, the Panel has reviewed the claims in accordance with the applicable methodologies and in a manner consistent with its review of the claims included in the special instalment, as set out in the special instalment report, unless otherwise indicated below.

Table 2 below lists the awards recommended by the Panel for the claims resolved in the special instalment.

The special instalment initially comprised 605 category D claims filed on behalf of the 605 detainees and their families.

The basic reasons behind this are political, and not other reasons as the Special Commission claims in its report.

These 12 detainees are not included on the ICRC list and therefore, Kuwait has not filed claims in respect of these detainees as part of the original 605 claims comprising the special instalment.

Recalling the Governing Council's previous conclusions that due to the special circumstances faced by environmental claims, it would consider, at the appropriate time, the possibility of a different payment mechanism for successful environment claims,

Further details of the events giving rise to these claims and particulars of the decisions taken by the Governing Council concerning the claims in the special instalment are set out later in this report.

Therefore, the Panel recommends no award of compensation in respect of any D1 (departure) claims included in the special instalment.

41. The content of paragraph 38 of the report seems unworthy of a special rapporteur who claims to be objective.

Second instalment category A claims corrections Third instalment category A claims corrections Fourth instalment category A claims corrections Fifth instalment category A claims corrections Sixth instalment category A claims corrections First instalment category C claims corrections Fourth instalment category C claims corrections

To the extent that claims in the special instalment gave rise to such new issues, the Panel has ensured that these claims were resolved so as to be consistent with the established category D methodologies.

UNAMIR includes UNOMUR Preparation of final performance report and report on disposition of assets additional appropriation and assessments may be required processing of Property Survey Board and Claims Review Board cases processing of claims for death and disability compensation settlement of claims from troop contributing countries against accounts payable closing of the Special Accounts for UNAMIR and monitoring of the surplus balance held in the Special Accounts.

The Panel finds that the loss of support claims in category D included in the special instalment have the same purpose.

Furthermore, Iraq does not have any appropriate means of delivery for the biological agents the Special Commission claims can be produced.

Duplicate claims are two or more claims filed by an individual in the same claims category.

The fourthsecond group of overlapping claims initially consisted of E4 claims related to 39seven category C claims and 24 category C and D claims.

Claims

claims

Claims

These claims were reported in the Report and recommendations made by the Panel of Commissioners concerning the thirtieth instalment of E4' claims (S AC.26 2005 4) and the Fourth special report and recommendations made by the merged E4' Panel of Commissioners concerning overlapping claims (S AC.26 2005 5).

International courts, including the International Court of Justice, had asserted that the doctrine had no special place in claims involving diplomatic protection.

To the extent that such claims do not otherwise present any special problems, they have now been included in the fifth instalment.

Two claims for such travel relating to the twentieth special session of the Assembly have been submitted for a total of 11,381.00.

The average number of loss types is 3.14 for the claims in this instalment, compared with 2.01 for all claims in the regular category D claims programme, 1.93 for Jordanian claims and 1.71 for Kuwaiti claims.

duplicate claims Two or more claims filed by a claimant under the late claims programme in the same category.

The approach to verification and valuation of overlapping claims is set out in detail at paragraphs 38 42 of the Special Overlap Report.

Contrary to the claims made in the report of the Special Rapporteur, the Kayin (Karen) people were not subject to exclusion or persecution.

The Panel therefore had to consider an alternate deemed date of death for the purpose of its review of the special instalment claims.

The Panel notes that the filing deadline set by the Governing Council for the claims in the special instalment was 31 March 2004.

A number of claimants in the special instalment seek claims preparation costs incurred by them, either for a specific or an unspecified amount.

See the Special report and recommendations made by the D1' Panel of Commissioners concerning 30 claims filed pursuant to Governing Council decision 12 (S AC.26 2004 12) (the Special Decision 12 Report ).