CONTENTS

KOUCHNER WILL NOT RAISE STATUS ISSUE IN EU SUMMIT IN ZAGREB
WHICH ARE THE DEFICIENCIES OF KOSOVO JUDICIAL SYSTEM
LOW SALARIES AND THREATS CHALLENGE TO JUDGES AND PROSECUTORS
THREE-HOUR “SUSPENSION” FOR KPS AT PRISHTINA POLICE STATION
WHY YUGOSLAVIA HAS NO REASON TO EXIST

KOUCHNER WILL NOT RAISE STATUS ISSUE AT EU SUMMIT IN ZAGREB

Kouchner does not intend to raise the issue of Kosovo status in the summit in Zagreb, said Nadia Younes spokeswoman for UNMIK Chief on Wednesday night following a statement made at noon by another UNMIK official saying that Kouchner has proposed the start of talks for the future of Kosovo in Zagreb.

Younes was clarifying the statement made by UNMIK spokeswoman Susan Manuel which she made during the regular press briefing held in Prishtina, According to Manuel, during the meeting between Croatian President Stipe Mesic and Bernard Kouchner, the latter had proposed a start of talks regarding Kosovo's future between the UN leadership and the FRY during the EU Summit that will be held in Zagreb on 24 November, reported Koha Ditore on page one.

Younes recalled that Kouchner constantly repeated that he would not raise the issue of Kosovo's status.

Manuel told journalists that after meeting with Mesic, Kouchner pointed out the possibility that Kosovo could be represented by a delegation consisting of Kosovo political leaders. However, the names of the persons who might join the delegation are still unknown. "There is still no decision on who will join the delegation, but Dr. Kouchner will be the one to decide," said Manuel.

PAÇARIZI: THE STATUS

Dita on the front page carried a column by Rrahman Paçarizi related to the abovementioned item. Paçarizi wrote:

"Within ten days administrator Kouchner made two statements which confront each other. While during the Luxembourg meeting he said that hasty talks on the status of Kosovo could lead to an open conflict, since all Albanians be they moderate or not are pro independence, on Tuesday in Zagreb he proposed the start of talks between the UN and Yugoslav authorities regarding the future of Kosovo.

Kosovo political leaders, who consider the start of talks for the status at this stage unacceptable, did not welcome the statement made by Kouchner. Not because Albanians are not ready to talk about the future of their country, but because first they request the holding of general elections that would give the people of Kosovo a mandate to talk about the status.

Even more scandalous, is Kouchner's stance for the UN and Yugoslav authorities to start talks for the future of Kosovo. Thus, Kouchner has excluded Albanians from talks regarding their future. Most surprising in this series of pearls is Kouchner's hastiness to come up with proposals. This hastiness is in accordance with the hastiness of western European leaders towards the "democratic" Belgrade. It is meaningless that the international community is trying to turn Albanians into carriers of Serbia's democratization and scapegoats of the friendship with Belgrade.

In this aspect, it is important to mention the fact that despite promises UNMIK administration has not given an ID card to a single citizen of Kosovo. Our sources say that no one will receive personal documents until June next year. Until then, maybe there are plans to put the seal of Serbia or Yugoslavia in these documents.

Without being elected by their people, Kosovo political leaders do not have the mandate to decide on the future of their people, whereas according to resolution 1244 Kouchner has the mandate to build democratic institutions and realize substantial autonomy, while Albanians and Serbs should talk about the status with international mediation and guaranties.

WHICH ARE THE DEFICIENCIES OF KOSOVO JUDICIAL SYSTEM

Koha Ditore on page three carried an article regarding the report, issued by OSCE Legal Systems Monitoring Section, compiled by a team of legal experts that monitored the court system of Kosovo from February to July of this year. According to the report, even though much has been achieved still a lot remains to be done in order to reach required standards. 

"It presents achievements and deficiencies which are not surprising because this system is completely new, started from scratch. There is no recipe how to build a judicial system and this was a difficult task," said Rolf Welberts, head of the OSCE Department of Human Rights and Rule of Law, during a press briefing 

The paper added saying that with the deployment of the international administration in Kosovo during last summer all court systems were suspended. Initially, an emergent court system was created followed by a regular and completely new court system. UNMIK regulations and laws applicable before 1989 are now being used in Kosovo. In this area, OSCE created a monitoring system of justice - the Legal Systems Monitoring Sections - and the six-months report is a result of that monitoring.

During the press briefing, Welberts pointed out some of the deficiencies of the court system of Kosovo. According to him and the report, laws applicable in Kosovo contradict international standards of human rights.

Welberts also said that the continuous climate of ethnic conflict has affected the impartiality and objectivity of several judges and that not only minorities but also children and victims of sexual harassments are among the damaged groups. "The report was compiled from the angle of human rights. The intention is to identify problems and thus help the Department of Justice," said Welberts adding that he does not blame anyone for the current deficiencies of the court system.

Sylvie Pantz, co-head of the Department of Justice, said that soon she would hold a press briefing to respond regarding her assessments on the report. "We had consultations during the project of the report… It is a good opportunity to suggest an amendment for this report. We are in the process of reading the report. The recommendations are good and must be used," said Pantz.

Asked whether she agrees with the assessment that the judicial system falls far short of international legal standards, she responded: "I would have agreed, but since I am an optimistic person I would say that the Kosovo judicial system has still not reached international standards". However, she said that she does not feel guilty for the fact that the international standards were not met. "To me it is a good report, it seems harsh, but I will use it as a tool for the near future," she added.

In closing it was noted that the report led by David Marshall was presented to the Department of Justice, was approved by Daan Everts, head of OSCE mission in Kosovo, and was then sent to UNMIK Chief Bernard Kouchner. However, according to Welberts, the published report is somewhat different from the version given to Kouchner. He said that the current report includes 99 percent of what was sent to Kouchner, but refused to comment on parts which were censured.

LOW SALARIES AND THREATS CHALLENGE TO JUDGES AND PROSECUTORS

Despite completion with judicial staff, the main problem of Kosovo's court systems during the recent days is the resignation of a number of judges and prosecutors without which the level of the judicial level does not meet required standards, reported Kosova Sot on page four.
The paper referred to the recent resignation of three judges and two prosecutors in Prishtina, which according to some people within the system was a result of low salaries and security.

Drita Hajdari - Peci, prosecutor at Prishtina District Prosecutor's Office, who is one of the first to start work after the war, handed over her resignation due to inadequate work conditions. Peci said that with the consolidation of judicial bodies, the salary set by UNMIK for prosecutors was 660 DM, which according to her is degradation in relation with the salaries of judges, who receive 720 DM, as well with the salaries of international judges in Kosovo who reportedly receive huge salaries.

"Several times we told the Department of Justice and the OSCE that in case this goes on people are going to leave work or will be forced to look for better paying jobs," said Peci. "We always lived with promises that things will get better but to this day there was no improvement in that direction".

Making a comparison between local and international officials of the court system, Peci said that different from local judges and prosecutors, internationals receive better salaries and are also offered security. What reportedly made Peci think of finding a new job, were the threats made against her. "In several cases, I was directly threatened in my office," she said adding that once a family member of an accused walked into her office and threatened to kill every single member of her family.

Ramadan Berisha, chairman of Prishtina District Court told the paper that three judges and two prosecutors resigned due to low salaries. Based on the current flow of events, he added, until March 50 percent of the judges will leave work due to the abovementioned reasons.

After admitting that he was aware of the difficulties he would face after taking over the duty of the public prosecutor, Pjetër Rrapi chief prosecutor at District Prosecutor's Office in Prishtina, also said that he has been receiving threats since the beginning of the year.

Adding to the issue, Rrapi said that unfortunately citizens are not carrying out the duty of the informer on what goes on in the society, because in Kosovo the expression spy is a word with a very harsh social connotation. "And we must learn that the social discipline should be raised based on people who provide information," Rrapi concluded.  
 

THREE-HOUR “SUSPENSION” FOR KPS AT PRISHTINA POLICE STATION

Zëri on page two carried a report about Kosovar police officers refusing to apply the newest traffic regulation with FRY seal, complaining firmly that they’re Kosovar police, even though they were threatened with misemployment. Although there have been discussions for this issue to be solved, the situation escalated.

The paper reported that the situation escalated so badly that yesterday, they did not go out on the field at all, but they gathered in the front yard of the station. However, a temporary solution was found, the KPS representatives suggested to the KPS police to take the penalty bills, but not to complete “SFR 50/88”, so in the afternoon hours the situation normalized until an acceptable solution is found.

The paper quoted the KPS representative, Nuredin Ibishi as saying that it was figured out that “FRY” does not have to do with the abbreviation in English, but with the “FRY” law, adding that this is unacceptable for a Kosovar policeman and it does not even come into consideration to impose a law of an unrecognized state, but will do everything in its power to fight any kind of criminality, but without foreign paragraphs.

According to Ibishi, it is unknown who drafted the regulation since it has not passed through IAC. Therefore, KPS representatives drafted a note with all their complaints to UNMIK, Kouchner and the IAC. He added that the citizens’ attitude towards this is understandable, and that he is very optimistic of finding a solution soon.

Deputy police commissioner John Collins told the paper that the issue is being discussed, the problems are obvious and "we must be patient, because we’re working with one another and we must be professionals in order to serve and defend the citizens of Kosovo". 
 
WHY YUGOSLAVIA HAS NO REASON TO EXIST

Koha Ditore on page two carried an exclusive report by international experts regarding Montenegrin government and the talks with new "Yugoslav" president.

Before any international organization accepts membership of an entity that affirms itself as legal representative of a joint federal Serb-Montenegro state, it is essential for Serbia and Montenegro arrive to a formal agreement concerning their mutual relationship and clarify whatever government, authority and federal state will represent their mutual interests, are suggestions prepared by international experts as a platform for the Montenegro government.

For Montenegro to join the Yugoslav federacy, they demanded from Serbia to disintegrate all Milosevic apparatus and create new federative body that would give it equal status.

New Yugoslav president Kostunica firstly refused the idea of an independent Montenegro. However, he said on a later date that if 640,000 Montenegro citizens want to leave Yugoslavia then their wish would be respected.

The paper obtained documents on the platform that Montenegro discussed with Kostunica, composed by these international experts who asked to remain anonyms. Experts that prepared this document basing the facts that Montenegro president and prime minister declared that Yugoslavia dose not exist anymore", and that federal government does not have any power in Montenegro. "Close to 80% of Montenegrins boycotted federal elections in June 2000 demonstrating their non-recognition of the FRY and federal government.
 
According to this platform FRY is not a suitable candidate to join international organizations and is not capable to fulfill their obligations because the inability of the federal government to control the territory of the Republic of Montenegro.

FRY and Serbia will operate through ministers from Milosevic's regime and the Democratic opposition it is unclear will FRY have the capability to control the situation in the Republic of Serbia it was said in the platform created by international experts for the Montenegro government".