Resignation of Kosovo Serb judges and prosecutors a setback for integration and rule of law in Mitrovicë/Mitrovica, OSCE Mission report says

PRISHTINË/PRIŠTINA, 9 February 2024 - The OSCE Mission in Kosovo today published its latest report on the effects of the 2022 mass resignation of Kosovo Serb judges, prosecutors, and administrative staff working in the justice system in the Mitrovicë/Mitrovica region.

The report analyses publicly available statistical data from January 2022 to June 2023 concerning the capacity of the Mitrovicë/Mitrovica Basic Court and Basic Prosecution Office to administer justice in a timely and efficient manner before and after November 2022, when 20 judges, 10 prosecutors and 132 administrative staff resigned. In addition, four Kosovo Serb judges of the Mitrovica/Mitrovicë North Court of Appeals Division resigned. 

“These resignations were a major setback for the Mitrovicë/Mitrovica justice system, following the 2017 integration of Kosovo Serb judicial staff. This OSCE Mission report shows that this resulted in a reduced capacity of the court and prosecution to deliver justice, undermining the right to a trial within a reasonable time and impairing access to justice,” said Michael Davenport, Head of the OSCE Mission in Kosovo.

Due to the resulting sudden and significant staffing shortage, the Mitrovicë/Mitrovica Basic Court and the Basic Prosecution Office experienced a noticeable decline in court proceedings and caseload clearance rates (a measure of court and prosecutorial efficiency) from 75% to 59% in the court and from 75% to 57% in the prosecution office.

Both the Kosovo Judicial Council (KJC) and Kosovo Prosecutorial Council (KPC) have attempted to address the situation by reallocating cases and judicial staff, while also discussing how to improve the recruitment of new judges and prosecutors from non-majority communities.

The report underscores the critical need for measures to address these issues and restore the efficient and fair functioning of the Mitrovicë/Mitrovica justice system. More generally, it is imperative to promote a multi-ethnic justice system.

The OSCE Mission in Kosovo has a mandate to support the protection of human and community rights, as well as to build capacity in the public safety sector and strengthen democratic institutions. The Mission also monitors the justice system for compliance with international human rights standards and offers recommendations on how to address issues identified.