"Tough, a useful tool, hard to disagree with, but a necessary evil" is how Department of Justice (DOJ) Co-Head Sylvie Pantz describes OSCE's hard-hitting report on Kosovo's system of justice as stood in the period between February and July 2000.

But it was also too ambitious, academic and luxurious for Kosovo today. "Maybe appropriate for France, Great Britain or the United States, or Kosovo in 25 years" she adds. For now it was utopian, failing to put things in the right historical, economic and human context.

Although part of UNMIK, and thus sharing responsibility with the UN for ensuring that human rights are protected, OSCE acts here independently, functioning as UNMIK's conscience. Its report, by the Organization's Legal Systems Monitoring Section, concludes that, overall, Kosovo's fledgling justice system had still (at end July) 'much room for improvement'.  Singled out are significant gaps between the reality on the ground and the required levels of logistical capacity of the courts, also the experience and competence of court actors.

More guidance was needed on how international human rights are built into criminal procedures in order to ensure fairness. Law enforcement authorities and the courts had to adopt a consistent approach, especially to pre-trial detention. The role of defence counsel required greater understanding and facilitation by all court actors. Greater efforts were needed to ensure impartiality in cases involving war- and ethnically related crimes. In prosecutions of alleged sexual  violence, facilities for victims and witnesses as well as courts' understanding were deficient.

The report's nearly 40 recommendations are a call for action on the part of the SRSG, KFOR, OSCE itself, UNMIK Police, UN Penal Management, the Department of Justice, the Kosovo Supreme Court and the Kosovo Judicial Institute. Many originated in the DOJ itself - already implemented in some cases, or their implementation still constrained by budgets.

The counting of ballots will begin immediately after polls close on 28 October, according to Electoral Rule 2000/14 on the Count Process, adopted by the Central Election Commission (CEC). Accredited observers and the media are entitled to be present throughout the counting process. If there are complaints regarding the counting, they must be submitted to the Election Complaints and Appeals Sub-Commission no later than 48 hours after the alleged violation. The final results will be announced following their certification by the SRSG on the CEC's recommendation, once all complaints have been addressed.

Breaches of the Electoral Code of Conduct by political entities during the election campaign have included defacing public and private property, violence, KPC presence at political rallies, language of intimidation and violence, public display and use of weapons, and failure to give proper notification of a political gathering. The Election Complaints and Appeals Sub-Commission (ECAC) has imposed fines, ranging from DM 250 to 2,000, and reserves the right to recommend the removal of candidates if the fines are not paid. ECAC also dismissed several cases for lack of evidence to support the complaints.

Some 4,000 domestic observers are expected to monitor the elections on 28 October. About 2,200 observers have been accredited so far and 1,800 more applications are pending. This could lead to crowding in polling stations which may require some regime to control entry by observers and the  media. Voters will have the first priority.

Several radio stations in Kosovo are not complying with requirements to balance coverage given to political parties. They have received warning letters from the Elections Complaints and Appeals Sub-Commission to correct what is described as a very clear bias-either against some parties or in favour of one particular party or candidate. The stations face sanctions if they do not comply with these warnings.

Newly elected municipal authorities should not only respect the rights of minorities but also take positive steps to improve those minorities' position and to facilitate their return. Such is the conclusion of the Sixth Assessment on the Situation of Minorities in Kosovo, covering the period from May to September 2000, prepared by the OSCE and UNHCR. Creating systems equally accessible and fair to all is a prerequisite for the development of a democratic society, the report stresses. Areas of concern include the need to increase security, provide access to an effective and fair judicial system, essential public services and political structures, and ensure the protection of property rights.

Other news

SRSG Bernard Kouchner proposes that UNMIK and the Belgrade leadership begin talks on the future of Kosovo at a Balkans summit to be held in Zagreb, Croatia, on 24 November. Dr. Kouchner announced his proposal following a meeting with Croatian President Stipe Mesic in Zagreb. The SRSG had suggested earlier that he would represent Kosovo, possibly along with a delegation of Kosovo political leaders.

Maximum jail sentence is now extended to 40 years in prison, following the Interim Administrative Council's  endorsement of a draft regulation amending regulation (24/1999). The earlier regulation abolished the death penalty, but stipulated no other sentence for the most extreme crimes, leaving the maximum prison sentence as 15 years.

The Interim Administrative Council has endorsed the establishment of the JIAS Department of Civil Security and Emergency Preparedness. The Department has already been functioning under co-heads Bislim Zyrapi and Roland Nilsson.

A temporary freeze of all property transactions, in which the owner had changed after 23 March 1989, is now in effect, pending the completion of the claims review process. Announcing the move, Alan Dodson, the International Commissioner of the Housing and Property Claims Commission, told the Kosovo Transitional Council that the Commission had to deal with three types of claim cases. These were cases where people had lost their apartments because of discrimination during the past ten years; where discriminatory laws had failed to reflect the rightful owner of the residence; and where people had lost possession of their property after the conflict last year.

The Department of Public Utilities hopes to maintain normal electricity and water services with only very limited and minor interruptions, provided customers use services rationally and winter conditions are not unexpectedly harsh. Improved reliability and availability of district heating will reduce the demand for electricity for heating. The extensive repairs which have been completed or are under way in the power stations will make the main units much more reliable. Domestic power generation will be supplemented by power imports.

Close to 16,000 houses in Kosovo are either finalized or under construction, UNMIK Pillar IV announced on 20 October. With the progress made over the last months it is hoped that the target figure of 20,000 houses, rehabilitated by the international donor community, will be reached.

Farmakos, Kosovo's only drug company, has been authorized to restart activities, after having met quality control standards set for the pharmaceutical industry by the World Health Organization. This will restore the firm's 170 jobs and re-introduce 12 products.

Presumptive taxes totalling over DM 6 million, paid by some 10,000 registered businesses by the 15 October deadline, constitute vital revenue for the Kosovo Consolidated Budget. The Central Fiscal Authority's Tax Administration will now focus on the other 15,000 registered businesses that have not paid the tax.