Striving for bigger improvements to Kosovo's justice system

"We estimate that there has been a 30 to 40 per cent improvement in the areas we have reported on," says Roberto Di Donatantonio, Legal Analyst with the Legal System Monitoring Section at the OSCE Mission.

"This shows our efforts have had an effect, but we would like to see a lot more progress," he adds.

Monitoring and reporting

The Mission, as part of the United Nations Interim Administration Mission in Kosovo (UNMIK) established in 1999, is responsible for monitoring the justice system for compliance with domestic law and international human rights standards. It has been issuing annual and monthly reports on the criminal and civil justice systems for the past eight years.

"The Mission has legal system monitors working throughout Kosovo who identify and report problems," says Di Donatantonio. "It then provides recommendations on how to address these issues and improve the well-being of all people in Kosovo."

Over the years, these reports have covered in detail problems in both the criminal and civil justice systems, ranging from the rights of victims and minorities during proceedings and the independence of the judiciary to legal representation and domestic violence.

Positive changes

In 2005, the Mission reported on how to better implement the appointment of temporary representatives in civil disputes. This has reduced problems particularly in property disputes, which are often of an inter-ethnic nature, when one of the parties is absent.

There are many other positive examples to show how the Mission's reporting and recommendations have helped. One of the first reports highlighted concerns about detentions ordered by the executive branch that the OSCE considered illegal. As a consequence, no further illegal detentions have been ordered since 19 December 2001.

In 2000, the Mission monitored criminal cases involving violence against women, particularly sexual assault. It noted with concern the unprofessional attitudes of the police, prosecution and judiciary officials towards victims that violated international standards.

Since the Mission began producing these reports, it has noticed a positive shift in the attitudes of judges and prosecutors when they are dealing with alleged victims of sexual violence.

Challenges remain

"These positive changes, however, are not the focus of newer reports," says Di Donatantonio, "as we want to concentrate on the remaining problems."

The latest criminal justice report, published in December 2006, highlights inadequate witness protection legislation as a major shortcoming, especially when it relates to cases of organized crime and trafficking. The report recommends that authorities in Kosovo develop a programme to relocate co-operating witnesses outside of Kosovo because its towns and villages are too small for new faces to go unnoticed.

Following the publication of each report, the OSCE organizes roundtables with judges and prosecutors in Kosovo's five main regions. According to Mark Lasser, who heads the Mission's Legal System Monitoring Section, these meetings are important as they provide an opportunity to jointly discuss the reports and receive feedback.

Carrying out recommendations

"The judges and prosecutors we talk to mostly agree with the recommendations we offer," he says. "But sometimes they also give justifications for the problems - such as that they are overworked, working conditions are poor, or there are issues with the legislation."

Judge Fllanza Kadiu from the Pristina District Court deals with minors. She says that her court faces many challenges that make it almost impossible to implement the recommendations. A Mission report, for example, says that detention on remand for minors should not exceed three months, after which they should be sent to correctional facilities.

However, Kadiu explains that in some cases it is necessary to prolong detentions because of the lack of correctional facilities. "I would love to be able to follow the recommendation, but where can I send them to?" she says.

Although obstacles exist that limit the pace of change, OSCE officials are still optimistic. "Each improvement matters," says Di Donatantonio. "If one judge does not detain a person incorrectly because he or she read our report, then that is a success."