UNMIK 1st Anniversary Backgrounder - Reviving Kosovo's Judicial Systems - 5 June 2000

During the past 10 years, much of Kosovo's local judiciary was not been permitted to practice. Putting back the entire system and finding qualified personnel from court officials to appeal judges' has thus been a major UNMIK concern. And because, during the rebuilding, UNMIK also seeks to create an unbiased, independent and multi-ethnic judicial system, the task is doubly challenging. In the beginning, there were also no basic resources with which to conduct operations, no modern equipment, and no court procedures. Previous court premises were already being used for other purposes.

Nevertheless, despite the difficulties, the Kosovo court system is now springing back into life & with Kosovars taking the lead in all aspects of the operations of the courts. The JIAS Administrative Department of Justice (DOJ) has been established and its Co-Heads play a key role in mobilizing assistance from other agencies and donors.

An early priority was re-establishing the courts, the first of which was up and running in June 1999. The DOJ has meanwhile established a Supreme Court, five District Courts, eighteen Municipal Courts, 23 Minor Offences Court, a High Court forf Minor Offences, a Commercial Court and 13 Offices of the Public Prosecutor. In the coming month, six additional municipal courts and one Minor Offences Court will be re-established.

Other courts are overdue for renovation. They include the Podujevo Municipal Court building and the Economical Court building, whose refurbishment was jointly financed by the DOJ and Britain's Department for International Development (DFID). DFID also co-ordinated with the DOJ on basic refurbishment of the District Court buildings in Pristina, Gjilane, Pec and Prizren, Pec Minor Offences Court building, Ferizaj Municipal Court building and Ferizaj Minor Offences Court building. In addition, the British government donated DM 300,000 for refurbishing the Mitrovica District Court building, a project for which is expected to start soon.

The DOJ is meanwhile in the process of setting up the Kosovo War and Ethnic Crimes Court (KWECC). This will be competent to try persons for war crimes, crimes against humanity, genocide and other serious crimes committed on the grounds of race, ethnicity, religion, nationality, association with an ethnic minority or political opinion. KWECC will have both local and international judges and prosecutors.

To run the new courts, nearly 300 judges and prosecutors have been appointed, with an additional 125 to be sworn in this month (June). Alongside are 294 lay judges who will be joined by approximately 140 more to be selected later.. Essential court support staff number 724 and includes administrators, translators/interpreters, typists, registrars, legal assistants and messengers. Current vacancies would allow in 1,108 more.

In order to further strengthen local judiciary, SRSG Bernard Kouchner appointed an international judge and an international prosecutor in Mitrovica and one international judge for the Pristina and Gnjilane District Courts. More international judges and prosecutors will soon be appointed.

Much of donors' support for UNMIK's efforts to establish rule of law focusses on introducing reforms. They range from technical assistance in the operations of the courts to the rewriting of statutes and the establishment of regulations. The US government has promised a donation of $2 million for the provision of court equipment. This will include computers, monitors, fax machines, photocopy machines, metal detectors, safes and telephones. During May 2000, the DOJ bought 32 Lada Niva 4X4 for the courts and the prosecutor's office in all five regions. Furniture, computers and accessories and other office equipment has bee procured for the judiciary and most of the items have already been distributed.

The department has also provided the judiciary with various registrars under a programme that includes stamps and legal forms. Assistance from the French Government will help install a case-track management system. Efforts are ongoing to arrange further financial, material and technical support from the international community, including the OSCE. To this end contact has already been established with France, Switzerland, Canada, United Kingdom and the United States.

The DOJ is financing a comprehensive legal assistance programme for defence counsels in criminal cases. Lawyers in these cases can request up to DM 500 per month. Since February 2000, the DOJ has entirely financing a programme of forensic expertise (ballistic, fingerprints, toxicology, DNA and biological analysis etc.). This project is crucial to the functioning of the courts and is being implemented by UNMIK Police. Many exhibits have already been analysed in a laboratory in Bulgaria. Also in close cooperation with UNMIK Police, DOJ is planning to establish a forensic laboratory in Kosovo, with local expertise. This is part of its institutional reinforcement program. The department has given direct material assistance to the forensic institute of Pristina. This institution which is responsible, among others, for autopsies has been given chemical products and office supplies.

Penal management is also being addressed by the DOJ. It operates two detention facilities: one in Prizren (100 inmates capacity) another in Lipjlan (46 inmates capacity). On 1 June DOJ re-opened Dubrava Prison in Istog/Istock with a capacity for 520 inmates. There are two hundred and sixty correctional officers are working for the department. An additional 60 are being training. The department has also established a standardized offender tracking and information system.