UNMIK/FR/0048/01
FEATURE RELEASE - 22 June 2001

DISCIPLINING THE JUDGES OF KOSOVO

By Sheida Sheikhi

From the outset of the Mission in mid 1999, UNMIK's Department of Judicial Affairs (DJA) has striven to create a more efficient and independent judiciary in its efforts to establish a legal system underpinned by Rule of Law. One of DJA 's most important steps in this direction is a just completed draft Code of Conduct for the local judiciary, a testimony to UNMIK's commitment to make the Kosovar judiciary accountable and bring it up to European standards.

This important Code can be traced back to Regulation 1999/7 regarding the appointment and removal of judges and prosecutors, as well as the establishment of the Advisory Judicial Commission (AJC). The AJC (8 local experts and 3 internationals) assisted the SRSG in the appointment and removal of judges and prosecutors, for example it appointed Kosovo's first judges and prosecutors in December 1999.

 But limitations in the AJC's functioning became apparent vis a vis the disciplining of judges and prosecutors. This led to the establishment of the Kosovo Judicial and Prosecutorial Council (KJPC) (Regulation 2001/8), AJC's successor, the aim of which was to create a more independent judiciary through expanding judicial personnel's responsibilities, an important factor considering the aim of judicial independence. For example, the KJPC has more powers in handing out disciplinary measures, although the SRSG still has exclusive authority on judges' and prosecutors' appointments and removals, based on the the KJPC's recommendations.

Disciplinary action will be taken when a complaint is received against a judge or prosecutor. For example, the code requires a judge to disclaim any potential conflict of interest to the parties in a case, and to disqualify him/herself if such a conflict of interest exists. The KJPC will rule on whether to disqualify a judge if a complaint has been filed.

The KJPC's independence in such cases is safeguarded in that such discussions are based on the DJA Judicial Inspection Unit's preliminary investigations. Additionally, the regulation guarantees judges and prosecutors under scrutiny international human rights standards, such as the right to be heard in person, access to the file, right to be assisted by a defence council, et al.
Under Regulation 2001/8 establishing the KJPC, the latter has three months to adopt a Code of Conduct, otherwise the SRSG will adopt the draft himself.

The present Code of Conduct has been drafted with the cooperation of  OSCE, the Council of Europe, the American Bar Association (ABA/CEELI) and in particular with the SRSG's Office of the Legal Advisor. The draft Code was also presented to the local judges and prosecutors who also provided comments.

Note for editors
The full document may be consulted online in English at http://www.unmik.org/. Albanian and Serbian versions can be provided.

For a selection of photographs, please contact Mr Ky Chung at 038 504-604 ext. 5467