UNMIK/PR/872
Friday, 22 November 2002

Kosovo Judicial and Prosecutorial Council Denounces Publication of Information about Judicial Candidates

PRISTINA - On 15 November 2002 a list of persons said to be candidates for judicial and prosecutorial office was published in the newspaper "Koha Ditore". The Kosovo Judicial and Prosecutorial Council (the 'Council') wishes to stress that the list of names published in the newspaper has no legal validity and no person mentioned in it should assume that they have been recommended for appointment. Similarly, any applicant who has been interviewed and whose name is not mentioned in the published list should not assume that they have not been recommended for appointment.

Timothy Clayson, Chairperson of the Kosovo Judicial and Prosecutorial Council, states: "No information can be given on the status of applications for judges and prosecutors until the list of appointees has been approved by the SRSG". The Council Secretariat will not provide information regarding the status of any application until nominees have been approved by the SRSG, as the authority to appoint candidates for the judiciary and prosecution service is a reserved power of the SRSG under the Constitutional Framework.

The Council submitted to the Assembly a list of candidates recommended for appointment on 1 November 2002. The list included information on the educational background and professional experience of each candidate. On 11 November 2002, the Chairperson of the Council attended a session of the Assembly's Committee on Judicial, Legislative and Constitutional Framework Matters (the 'Committee') in order to answer the Committee's questions and make available all other relevant information.

The Council makes recommendations for appointments of judges and prosecutors to the SRSG, through the Assembly of Kosovo, so that the Assembly may consider these recommendations and submit its advice thereon to the SRSG.

Under Rule 15 of its Provisional Rules of Procedure, the Assembly may seek additional clarification from the Council regarding the candidates recommended for appointment, but may not amend the recommended appointments. Under the same Rule, the Assembly must submit its advice to the SRSG within 10 working days following the date on which the Council submitted its recommendation to the Assembly. The Assembly has requested and been granted the extension of the deadline until 28 November 2002. If the Assembly does not act within that time, the SRSG may take action on the basis of the recommended appointments proposed by the KJPC.