Newsroom
Kosovo criminal justice system falls short of international standards
PRISTINA 18 October 2000
PRISTINA, 18 October 2000 - The Kosovo criminal justice system still falls short of international standards, despite recent improvements. This is among the findings of a report released by the Organization for Security and Co-operation in Europe today. The report is titled Kosovo: A Review of the Criminal Justice System.
An effective and fair judicial system is fundamental to the democratic development of Kosovo, especially in light of the present post-conflict climate. The OSCE Legal Systems Monitoring Section has concluded a six-month review of the justice system. The findings have been submitted to the UN Special Representative of the Secretary-General and OSCE Delegations. The report provides a comprehensive overview of the UN-administered judicial system and an assessment of trials from a human rights law perspective over the period of 1 February to 31 July 2000.
The UN Mission in Kosovo (UNMIK), through powers exercised by the SRSG, has the mandate to administer the judicial system in Kosovo. The report notes successes made by UNMIK. In less than one year, a functioning judicial system has been established. The appointment of international judges and prosecutors has assisted, in a number of cases, to help obviate concerns raised in the report and improve the criminal justice system. In addition, UNMIK has provided guidance to courts on applicable law, including international human rights standards, and translation and interpretation support services.
The JIAS Justice Department has many dedicated and professional staff, both international and Kosovar, who are working hard in trying circumstances and with limited resources to build a justice system that meets international standards. The efforts of all these people are noted and should be appreciated.
However, despite these achievements, the current system has a long way to go to meet necessary standards. The following are some of the more serious issues to be addressed:
The report recommends that the supremacy of international human rights law over all other laws be formally confirmed, and that courts be provided with further guidance and training on international human rights standards.
It recommends strongly that measures be taken by UNMIK and KFOR to prevent further cases of illegal detention, including the regular practice of detention for more than 72 hours without a hearing. The report advocates for immediate legislation to allow persons detained to challenge the lawfulness of their arrest and detention (a habeus corpus remedy).
It concludes that it is essential for courts and law enforcement authorities to adopt a more consistent approach to the law, particularly as concerns pre-trial detention. Judges, public prosecutors and defence counsel require practical training in applying both domestic and international law. The report further recommends an increase in the presence of international judges and prosecutors as well as the creation of an Office of Defence.
Finally the report recommends that, bearing in mind the critical nature of a fair and effective criminal justice for the overall success of UNMIK, the international community should significantly increase funding and resources to this sector.
In accordance with UN Security Council Resolution 1244, the OSCE was given the mandate to assist in developing mechanisms to ensure that law enforcement authorities, courts, administrative tribunals and other judicial structures operate in accordance with international standards of criminal justice and human rights. As part of the Human Rights and Rule of Law Department, the Legal Systems Monitoring Section is responsible for the independent monitoring of the judicial system and correctional services. The Section analyses domestic law and practice for its conformity with international human rights standards.
In December 1999, the OSCE published two reports on human rights findings. The second volume of Kosovo/Kosova: As Seen, As Told includes a brief review of the UN-administered Emergency Judicial System as pertaining to challenges confronting the rule of law. The Legal Systems Monitoring Section report highlights that many of the problems within the criminal justice system at that time, still persist to this day.
For further information, contact Roland Bless, Spokesperson, OSCE Mission in Kosovo, tel.: (+381-38) 500-162 or satphone: 871-762-009-948 ext. 260 / mobile: (+389-70) 250-576 / e-mail: [email protected] or website: /kosovo
An effective and fair judicial system is fundamental to the democratic development of Kosovo, especially in light of the present post-conflict climate. The OSCE Legal Systems Monitoring Section has concluded a six-month review of the justice system. The findings have been submitted to the UN Special Representative of the Secretary-General and OSCE Delegations. The report provides a comprehensive overview of the UN-administered judicial system and an assessment of trials from a human rights law perspective over the period of 1 February to 31 July 2000.
The UN Mission in Kosovo (UNMIK), through powers exercised by the SRSG, has the mandate to administer the judicial system in Kosovo. The report notes successes made by UNMIK. In less than one year, a functioning judicial system has been established. The appointment of international judges and prosecutors has assisted, in a number of cases, to help obviate concerns raised in the report and improve the criminal justice system. In addition, UNMIK has provided guidance to courts on applicable law, including international human rights standards, and translation and interpretation support services.
The JIAS Justice Department has many dedicated and professional staff, both international and Kosovar, who are working hard in trying circumstances and with limited resources to build a justice system that meets international standards. The efforts of all these people are noted and should be appreciated.
However, despite these achievements, the current system has a long way to go to meet necessary standards. The following are some of the more serious issues to be addressed:
- some provisions of applicable law may conflict with human rights standards;
- the various sources of law creates confusion as to which law to apply and how to apply them; courts and authorities have adopted inconsistent approaches to the applicable law;
- the continuing climate of ethnic conflict that impacts on the impartiality of courts; the report finds clear and compelling evidence of actual bias by the courts against Kosovo Serb defendants, in particular;
- vulnerable groups, such as juveniles and victims of sexual violence within the criminal system, require enhanced protection; and
- persons have been detained in violation of international standards as there exists no appropriate legal framework to challenge illegal detentions.
The report recommends that the supremacy of international human rights law over all other laws be formally confirmed, and that courts be provided with further guidance and training on international human rights standards.
It recommends strongly that measures be taken by UNMIK and KFOR to prevent further cases of illegal detention, including the regular practice of detention for more than 72 hours without a hearing. The report advocates for immediate legislation to allow persons detained to challenge the lawfulness of their arrest and detention (a habeus corpus remedy).
It concludes that it is essential for courts and law enforcement authorities to adopt a more consistent approach to the law, particularly as concerns pre-trial detention. Judges, public prosecutors and defence counsel require practical training in applying both domestic and international law. The report further recommends an increase in the presence of international judges and prosecutors as well as the creation of an Office of Defence.
Finally the report recommends that, bearing in mind the critical nature of a fair and effective criminal justice for the overall success of UNMIK, the international community should significantly increase funding and resources to this sector.
In accordance with UN Security Council Resolution 1244, the OSCE was given the mandate to assist in developing mechanisms to ensure that law enforcement authorities, courts, administrative tribunals and other judicial structures operate in accordance with international standards of criminal justice and human rights. As part of the Human Rights and Rule of Law Department, the Legal Systems Monitoring Section is responsible for the independent monitoring of the judicial system and correctional services. The Section analyses domestic law and practice for its conformity with international human rights standards.
In December 1999, the OSCE published two reports on human rights findings. The second volume of Kosovo/Kosova: As Seen, As Told includes a brief review of the UN-administered Emergency Judicial System as pertaining to challenges confronting the rule of law. The Legal Systems Monitoring Section report highlights that many of the problems within the criminal justice system at that time, still persist to this day.
For further information, contact Roland Bless, Spokesperson, OSCE Mission in Kosovo, tel.: (+381-38) 500-162 or satphone: 871-762-009-948 ext. 260 / mobile: (+389-70) 250-576 / e-mail: [email protected] or website: /kosovo