Witness protection measures in Kosovo need to be strengthened, says joint OSCE Mission/US Office report

PRISTINA, 6 November 2007 - Witnesses in criminal cases must be given adequate protection to encourage and enable their full participation in the judicial process, and to make significant progress in prosecuting organized crime or other serious offences, concludes a report issued jointly by the OSCE Mission and United States Office in Pristina today.

The joint report - coordinated with the UNMIK Department of Justice - is a needs assessment of the current system for protecting witnesses in Kosovo. This collaborative effort was taken to evaluate existing law and current procedures for protecting witnesses, and to offer comprehensive recommendations for improvement.

"Protecting witnesses in trials is one of the greatest challenges to any judicial system. In Kosovo, this is very important because of the frequency of witness intimidation," said Ambassador Tim Guldimann, the Head of the OSCE Mission. "If the authorities cannot protect witnesses, they will not co-operate, and criminals will not face justice. This weakens the rule of law."

The report addresses the urgent need for a new law which would establish a formal witness protection programme, and provides detailed comments on two draft witness protection laws circulated in Kosovo. It also highlights the concern that often prosecutors do not request, and judges do not use, witness methods available under current Kosovo law.

The assessment offers specific recommendations regarding a number of practical steps, including training for police on how to provide close protection of witnesses and conduct "threat" assessments, as well as for judges and prosecutors on witness protection measures.

"If we fail to act properly today to offer an efficient system of witness protection, this will prevent us to prosecute and effectively identify the crimes and criminal networks in our society," said Syle Hoxha, Deputy Minister of Justice in Kosovo's Provisional Institutions of Self-Government

The report encourages relevant authorities to use the recommendations to take necessary steps to correct and enhance the current witness protection system in Kosovo, as well as identify specific needs for which the donor community may better assist in its development.

Copies of the report are available on the OSCE website at: www.osce.org/kosovo