OSCE Mission in Kosovo publishes report on defence representation, ex officio appointment system in criminal proceedings
The OSCE Mission in Kosovo today published its latest thematic report on: The Right to Effective Representation in Criminal Proceedings and the Ex Officio Appointment System.
Covering the period between 2020 and 2021, the report reviews standards of defence representation and the function of the ex officio appointment system that assigns defence counsel to defendants who cannot afford a lawyer.
The report provides insight into the policy and legal frameworks for the provision of defence representation and draws on the findings of surveys with judges, prosecutors and lawyers, to assess some of the challenges and barriers to effective criminal defence representation in Kosovo.
The OSCE Mission advocated for the development of the current ex officio appointment system and was pleased to find that the system benefits from general support. Nonetheless, the report also notes concerns regarding standards of defence representation and emphasizes that it is important that indigent defendants receive effective ex officio representation whenever legal representation is in the interests of justice.
Launching the report, Ambassador Michael Davenport, Head of the OSCE Mission in Kosovo said: “The provision of legal representation does not of itself guarantee the right to effective defence. The necessary legal framework, institutions and procedures need to be complemented by a professional defence culture determined to uphold standards. The OSCE report highlights the role of defence counsel and the importance of ex officio appointments. So I hope we can now seize the opportunity of wider judicial reform in order to strengthen defence counsel within the criminal justice system.”
The report lists a number of recommendations to key institutions including a comprehensive review of the current system, providing guidance on disclosure and access to case files, and improved training and qualifications for lawyers practicing criminal defence, particularly those undertaking ex officio work.
The full report is available in Albanian, Serbian and English on the website: https://www.osce.org/mission-in-kosovo/523952