First assessment shows challenges for Kosovo's civil courts, OSCE Mission says

PRISTINA, 9 June 2006 - A backlog of nearly 44,000 unresolved cases, fraudulent property transactions and government interference are some of the problems affecting Kosovo's civil justice system, according to an OSCE Mission in Kosovo report published today. The report, the result of the first survey of Kosovo's civil justice system, offers recommendations that would remedy these shortcomings.

The report describes and analyzes the main challenges facing the civil courts in Kosovo, which resolve disputes between people or enterprises.

"The systemic challenges faced by civil courts, which result more from the current context in Kosovo than mere judicial errors, are not unsurpassable obstacles," said Ambassador Werner Wnendt, OSCE Head of Mission. "Concerns now can be addressed by the responsible actors to ensure an effective judicial system in this important period for Kosovo."

The key areas of concern are
- A large backlog;
- Fraudulent property transactions, in particular property formerly belonging to Kosovo Serbs;
- Interference of governmental authorities with court proceedings; and
- Lack of full and proper execution of civil court judgements.

The report recommends addressing these concerns to help the local judiciary to foster a culture of respect for the rule of law. It urges authorities to tackle deficiencies in the applicable law, to guarantee the independence of the Judiciary and to train court administrators, court clerks and civil judges.

"No society can function very well without being able to resolve civil disputes," said Henry McGowen, Director of the Mission's Department of Human Rights and Rule of Law. "Civil courts need more attention and more resources to ensure that the system will work better and justice is not delayed."

As part of its institution-building mandate, the OSCE Mission monitors the judicial system in Kosovo with a human rights perspective.