Newsroom
Systemic problems hamper justice in Kosovo
PRISTINA 19 April 2001
PRISTINA, 19 April 2001 - Myriad problems continue to hamper the development of a fair criminal justice system, according to a report produced by the Organization for Security and Co-operation in Europe (OSCE), Mission in Kosovo.
While the report cites "substantial developments" which have taken place over the past six months, and acknowledges the enormous and difficult task of establishing a fair system in a post-conflict society, it also calls for urgent and strategic action to bring the criminal justice system into line with international human rights standards.
The 100-page report, written by the OSCE Mission in Kosovo Legal Systems Monitoring Section, covers a range of issues including detention, the treatment of victims of domestic and sexual violence and the handling of ethnically motivated crimes.
"We have seen some developments since we published our last report, six months ago," said Rolf Welberts, the Director of the OSCE Human Rights and Rule of Law Department. "But there are some major problems still to be dealt with. Some can be overcome with training; others are more systemic."
Among the most critical, and long-standing, problems highlighted in the report are:
These problems are exacerbated by structural difficulties facing the courts and the police. The report states that in many cases the courts have not been given the necessary tools to administer justice fairly. It also points to a lack of resources that stands in the way of more effective and consistent policing. The United Nations is called on to join efforts to develp a coherent overall strategy.
However the report does note: "Notwithstanding the problems identified.many criminal cases are being resolved in a just fashion." And it cites progress in the last six months: a judicial inspection unit to investigate allegations of judicial misconduct has been established; more international judges and prosecutors are involved in the system; and the majority of detention centres have come under the control of UN Penal Management which is initiating changes.
Unlike the previous OSCE six-month report on the justice system in Kosovo, there is no list of recommendations for action. Instead, a parallel paper, "A Strategy for Justice", is being drawn up. This will set out a comprehensive and co-ordinated approach to the immediate, medium- and long-term needs within the Kosovo justice system.
For further information, contact Claire Trevena, Spokesperson, OSCE Mission in Kosovo, tel: (+381-38) 500-162 x260 / mobile: +377-44-500-150; e-mail: [email protected] / website: www.osce.org/kosovo
While the report cites "substantial developments" which have taken place over the past six months, and acknowledges the enormous and difficult task of establishing a fair system in a post-conflict society, it also calls for urgent and strategic action to bring the criminal justice system into line with international human rights standards.
The 100-page report, written by the OSCE Mission in Kosovo Legal Systems Monitoring Section, covers a range of issues including detention, the treatment of victims of domestic and sexual violence and the handling of ethnically motivated crimes.
"We have seen some developments since we published our last report, six months ago," said Rolf Welberts, the Director of the OSCE Human Rights and Rule of Law Department. "But there are some major problems still to be dealt with. Some can be overcome with training; others are more systemic."
Among the most critical, and long-standing, problems highlighted in the report are:
- the absence of a habeas corpus remedy by which a detainee may challenge the lawfulness of his/her detention;
- continued executive detention;
- continued lack of procedures to ensure effective access to defence counsel by detainees;
- continued concerns of bias in criminal proceedings;
- lack of alternatives to detention for juvenile offenders and the lack of a mechanism to ensure appropriate treatment and fair trial for the mentally ill;
- lack of victim/witness support, assistance services and protection mechanisms.
These problems are exacerbated by structural difficulties facing the courts and the police. The report states that in many cases the courts have not been given the necessary tools to administer justice fairly. It also points to a lack of resources that stands in the way of more effective and consistent policing. The United Nations is called on to join efforts to develp a coherent overall strategy.
However the report does note: "Notwithstanding the problems identified.many criminal cases are being resolved in a just fashion." And it cites progress in the last six months: a judicial inspection unit to investigate allegations of judicial misconduct has been established; more international judges and prosecutors are involved in the system; and the majority of detention centres have come under the control of UN Penal Management which is initiating changes.
Unlike the previous OSCE six-month report on the justice system in Kosovo, there is no list of recommendations for action. Instead, a parallel paper, "A Strategy for Justice", is being drawn up. This will set out a comprehensive and co-ordinated approach to the immediate, medium- and long-term needs within the Kosovo justice system.
For further information, contact Claire Trevena, Spokesperson, OSCE Mission in Kosovo, tel: (+381-38) 500-162 x260 / mobile: +377-44-500-150; e-mail: [email protected] / website: www.osce.org/kosovo