OSCE Mission report examines detention and punishment in Kosovo's judicial system
(OSCE)Violence in Kosovo in March 2004 led to 19 people being killed, more than 900 injured and the destruction or damage of around 800 houses and over 20 churches/monasteries. (OSCE) Photo details
PRISTINA, 13 December 2004 - A survey of Kosovo's justice system published today by the OSCE Mission highlights human rights concerns and offers recommendations for sustainable solutions as courts continue to develop.
The report describes and analyzes the human rights concerns that have been monitored in Kosovo's criminal justice system over the last 18 months, including those relating to the criminal prosecutions following the March violence.
"The OSCE is pleased how the judiciary has dealt with cases linked to the March violence and have not noticed major procedural irregularities in these cases," said Carsten Weber, Director of the OSCE Mission's Department for Human Rights and Rule of Law. "The main problem so far have been obtaining evidence from witness who are reluctant to come to court."
The report focuses on problems associated with detention and punishment of persons, which appear to be systemic within the judicial system, and affect the right to a fair trial. Among the main areas of concern are:
The report specifically recommends that Kosovo's Supreme Court play a stronger role in guiding the lower courts in providing sound reasoning in legal decisions, and set an example for other courts. It also notes that courts can release pressure on the prison system by using alternative measures to justice which are provided for in the Provisional Criminal Code and Provisional Procedural Criminal Code adopted in April this year.
The authors note that the Kosovo Judicial Institute and the Criminal Defence Resource Centre should continue to perform an educational role in providing training for legal official to ensure that human rights are fully promoted and protected.
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 website www.osce.org/kosovo
The report describes and analyzes the human rights concerns that have been monitored in Kosovo's criminal justice system over the last 18 months, including those relating to the criminal prosecutions following the March violence.
"The OSCE is pleased how the judiciary has dealt with cases linked to the March violence and have not noticed major procedural irregularities in these cases," said Carsten Weber, Director of the OSCE Mission's Department for Human Rights and Rule of Law. "The main problem so far have been obtaining evidence from witness who are reluctant to come to court."
The report focuses on problems associated with detention and punishment of persons, which appear to be systemic within the judicial system, and affect the right to a fair trial. Among the main areas of concern are:
- decisions on detention and punishment at all levels fail to be properly reasoned; and
- the courts' failure to use alternative measures to pre-trial detention and punishment.
The report specifically recommends that Kosovo's Supreme Court play a stronger role in guiding the lower courts in providing sound reasoning in legal decisions, and set an example for other courts. It also notes that courts can release pressure on the prison system by using alternative measures to justice which are provided for in the Provisional Criminal Code and Provisional Procedural Criminal Code adopted in April this year.
The authors note that the Kosovo Judicial Institute and the Criminal Defence Resource Centre should continue to perform an educational role in providing training for legal official to ensure that human rights are fully promoted and protected.
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 website www.osce.org/kosovo