Newsroom
New OSCE Mission report examines Kosovo's municipal court system
PRISTINA 30 March 2004
PRISTINA, 30 March 2004 - A survey of Kosovo's justice system published today by the OSCE Mission in Kosovo offers recommendations to further develop the municipal court system, both in terms of fairness and efficiency.
The report acknowledges that while areas of concern for an individuals' right to a fair trial remain, "the work of the municipal courts is of crucial importance for the administration of justice and the establishment of rule of law in Kosovo." As a priority, it lays out recommendations to assure the proper functioning of the municipal court system.
Among the areas of concern are:
The report also details the backlog of cases as another shortcoming in Kosovo's municipal court system, which hampers the ability to make judicial decisions in reasonable time.
The survey recommends urgently addressing these needs in order to help the local judiciary to foster a culture of respect for the rule of law in its administration of justice.
The OSCE Mission in Kosovo is working closely with Pillar I of the United Nations Mission in Kosovo (UNMiK), dealing with police and justice, to address many of the issue raised in the report. In particular, it encourages the Department of Justice to establish means for improved case-flow management and assist courts with 'best-practices' measures to improve administration and make better use of their resources as well as avoid unnecessary delays in processing cases. The OSCE Mission also recommends that the Department of Justice establish mechanisms for improved co-ordination between municipal court judges and prosecutors.
The authors also note that some of the legislative shortcomings pointed out in the report will be remedied once the Provisional Procedural Criminal Code of Kosovo enters into force on 6 April.
The OSCE Mission is mandated with monitoring human rights in Kosovo and it brings a human rights perspective to its efforts to monitor the judicial system. This monitoring has been used in assisting UNMiK to create a functioning justice system.
Copies of the report are available on the OSCE Mission in Kosovo's website.
The report acknowledges that while areas of concern for an individuals' right to a fair trial remain, "the work of the municipal courts is of crucial importance for the administration of justice and the establishment of rule of law in Kosovo." As a priority, it lays out recommendations to assure the proper functioning of the municipal court system.
Among the areas of concern are:
- the right to be tried within a reasonable time;
- the right to be tried by a tribunal established by law;
- the right to an impartial tribunal;
- the right to a public trial; and
- the right to cross-examine witnesses.
The report also details the backlog of cases as another shortcoming in Kosovo's municipal court system, which hampers the ability to make judicial decisions in reasonable time.
The survey recommends urgently addressing these needs in order to help the local judiciary to foster a culture of respect for the rule of law in its administration of justice.
The OSCE Mission in Kosovo is working closely with Pillar I of the United Nations Mission in Kosovo (UNMiK), dealing with police and justice, to address many of the issue raised in the report. In particular, it encourages the Department of Justice to establish means for improved case-flow management and assist courts with 'best-practices' measures to improve administration and make better use of their resources as well as avoid unnecessary delays in processing cases. The OSCE Mission also recommends that the Department of Justice establish mechanisms for improved co-ordination between municipal court judges and prosecutors.
The authors also note that some of the legislative shortcomings pointed out in the report will be remedied once the Provisional Procedural Criminal Code of Kosovo enters into force on 6 April.
The OSCE Mission is mandated with monitoring human rights in Kosovo and it brings a human rights perspective to its efforts to monitor the judicial system. This monitoring has been used in assisting UNMiK to create a functioning justice system.
Copies of the report are available on the OSCE Mission in Kosovo's website.