UNMIK ON AIR

15 April 2003

SERB JUDGES

(Luan Qorraj)

Hello and welcome to this edition of UNMIK ON AIR with Sputnik Kilambi and Martin Redi

When the regulation on integrating Serb judges and prosecutors within the Kosovan judiciary was signed last year, there was a wave of protests from the Albanian side. Mostly out of fear that judges from the Milosevic era responsible for discrimination against Albanians would return to Kosovo.

The fears are unfounded – Delphine Boost, coordinator in the judicial integration section of the Department of Justice stresses that the people who have been sworn in have been thoroughly vetted and can in no way be accused of past discrimination.

Delphine Boost: these judges have been sworn in and have accepted to take part in UNMIK judiciary which is very keen to ensure multi-ethnicity and obviously you don’t choose your judge depending on his or her ethnicity and these judges are here for all the citizens, especially Zubin Potok and Leposaviq, we have some Albanian enclaves outside, for example Zubin Potok, and we want to make sure that the Albanian citizens living outside Zubin Potok would feel free to come to the courts

A total of 40 positions were created for non-Albanian judges and prosecutors to work in Kosovo, mainly in Serbian enclaves that either had no judiciary at all or were functioning with parallel judicial structures. 12 Serb judges and prosecutors have been sworn in so far and taken up their duties across Kosovo - Prishtina, Gjilan, Strpce, Mitrovica North, Leposaviq and Zubin Potok. Although not all vacancies have been filled, says Delphine Boost, the integration of Serbs within the judiciary has been successful:

Delphine Boost: What has resulted from this recruitment is that the courts of Leposavic and Zubin Potok have reopened under UNMIK administration because for the past three years these courts have been parallel courts. So now they have been taken over by UNMIK- that was for us a big step and a big success

But Kosovan Serbs still seem to be a bit confused as to which court they should go to for their judicial problems. Many still believe that taking part in any Kosovan institution is an act of treachery, even though official Belgrade is washing its hands off more and more issues concerning Kosovo Serbs. Branislav Kristic, a Mitrovica based journalist, says that the Serb population in Kosovo is feeling a bit lost.

Branislav Kristic: the situation in Belgrade is something completely different: when k-Serbs address the ministry of justice in Belgrade they direct them towards the Coordination center. An often-asked question within the local population here is “is the coordination center some kind of an interim country between Belgrade’s ministry of justice and the kosovar judiciary or is the coordination center acting like a country within a country.

The issue of parallel structures, although weakened, is still a contentious one, and those running it stubbornly insist they are the ones who should represent K-Serbs. A fact acknowledged by Delphine Boost, who adds that although they still exist they will slowly disappear.

Delphine Boost: You know that the parallel structure has been very active and is still very active so I think it’s a step by step process it’s not by opening courts that we will eradicate in one day the parallel structures it will take a while and we in a kind of interim period.

But, adds Branislav Krstic, there is much unhappiness with the performance and the capability of the judges in northern Kosovo. Nonetheless, he says, it is of utmost importance that the Serbs take part in this process if they want to integrate within Kosovar society:

Branislav Krstic: The Serbian jurists are uninterested, not good enough and I am getting the impression, as a Kosovar citizen, that if the Serbs want to stay and avoid taking part in kosovar judiciary, then they are narrowing their own space for survival in these parts.

UNMIK has made its position very clear. A number of Serb judges are needed in Kosovo. In areas inhabited by Albanians, judges and prosecutors will be Albanian, while the reverse will hold true for Serb-dominated areas. This is the only way, stresses Delphine Boost, to ensure that there are no allegations of discrimination.

Delphine Boost: The courts are public service and they should represent somehow the local population so if you have an area where you have a lot of Serbs living there it’s for sure you need some representative as well in the court, Serb judges and prosecutors

And that comment from Delphine Boost ends this edition of UNMIN ON AIR. Thanks for listening.