OSCE report shows no significant differences in punishments and trial outcomes among communities in Kosovo courts

PRISHTINE/PRISTINA, 4 December 2008 - The OSCE Mission issued a report today comparing punishments and trial outcomes in cases involving Kosovo Albanian defendants and defendants from other communities.

"Although the report has methodological limitations, the preliminary findings are encouraging," said Mark L. Lasser, Chief of the Mission's Legal System Monitoring Section. "The report notes that there is no significant difference in punishments and trial outcomes - such as acquittal rate, conviction rate, and type and severity of punishment - for defendants from different ethnic groups for three specific offences," Lasser added.

The report is a preliminary overview of unlawful weapon possession, theft and disturbing peace and order, handled by district, municipal and minor offences courts in Kosovo.

"Overall, the data that we have analysed does not show a clear tendency of the Kosovo judiciary to favour a particular community in Kosovo in terms of punishment," said Lasser.

The report was drafted after comparing more than 1,000 cases involving similar offences committed by defendants belonging to different Kosovo communities. It considers only single and non-aggravated offences, and covers the period from April 2004 to March 2008.

According to the report, although some indicators varied depending on the defendant's ethnicity, these differences were not consistently in favour or against one specific group. For example, in district court cases where the defendant and the judge had the same ethnicity, defendants were imprisoned less often and received slightly more lenient average punishments than in cases in which the defendant and the judge had a different ethnicity.

"However, we also must keep in mind that other factors may have affected the results, such as the wealth of the defendant, the quality of the defendant's attorney or whether the defendant was a repeat offender. Therefore, this can only be considered as a preliminary report," said Lasser.

To discuss the findings and receive feedback, the OSCE will organize a roundtable meeting with Kosovo judges and prosecutors on 11 December at the OSCE HQ.

For more information on the report or the discussion please contact Mark L. Lasser at 044 500-915

The report is available in English, Albanian and Serbian at: www.osce.org/kosovo