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UNMIK/PR/660
A recently signed regulation improves the rights and protections of persons arrested by law enforcement agencies in Kosovo. Regulation 2001/28 and an accompanying administrative direction fills a void in the applicable law and allows for the provision of substantial protection to detained persons before their initial appearance in front of the investigating judge. The regulation is a combined effort by the Department of Judicial Affairs, OSCE, UNMIK Police, the Kosovo Bar Association and other human rights organizations. It goes into effect on 1 November, 2001. A significant array of rights are guaranteed under the regulation, including the right to be informed of the reasons for an arrest; the right to remain silent; the right to an interpreter; the right to receive the assistance of defense counsel free of charge; the right to notification of family members and the right to receive medical examination or treatment. The regulation also emphasizes the duties of law enforcement authorities, such as the duty to ensure confidential communications with defense counsel and the duty to keep a written record of all actions taken with respect to an arrested person. Administrative Direction No. 2001/15 establishes a list of registered defense counsel and a system of lawyers on call, which will be implemented by the Kosovo Bar Association. The Department of Judicial Affairs in cooperation with the local Bar Association has established fees to remunerate public defense counsel. These two pieces of legislation will mean a significant change in the procedures to be followed regarding persons in police custody. The Police will also organize training for officers on these new directives. |