“SRSG enforced the Provisional Criminal Code and Criminal Procedure”

(By Valon A. Syla)

Slug: Just weeks after violence erupted in the region, SRSG Harri Holkeri has enforced two new legal codes-- the Provisional Criminal Code and Provisional Criminal Procedure Code for Kosovo.

Hello and Welcome to UNMIK on Air

The two codes are described as bringing the law in Kosovo into greater conformity with European standards. But the reactions inside and outside of Kosovo varied.

Lawyers and judges in Kosovo welcomed the new code as a positive and much needed step for the judicial system… while Kosovo’s Government officials view the enforcement of the new codes as a step towards independence.

However, politicians from Serbia see these legal codes as a violation of the UN Security Council Resolution 1244.

When presenting the legal provisions to the public, SRSG Harri Holkeri joined by the president of the Supreme Court, Rexhep Haxhimusa, stressed that the new legal codes incorporate criminal offences defined by UNMIK Regulations…. The new codes incorporate provisions against terrorism and trafficking in persons…such offences were not outlined in the former Yugoslav criminal code. SRSG Harri Holkeri:

Harri Holkeri: “Organized crime and corruption are also reflected in the text. Substantial reforms have been made to criminal offences against international law and against sexual integrity. The Criminal Code significantly modernizes the law on penal sanctions by expanding the available alternative punishments”

The occasion of the entry into force of the new Codes presents a challenge and opportunity for all persons in Kosovo to reaffirm their commitment to the rule of law said Holkeri… in particular the Kosovo judges, prosecutors and police officers who have the responsibility and authority to ensure that laws are enforced in Kosovo in a just and impartial manner.

But the new Criminal Code and Procedure enforced by UNMIK generated a reaction from Serbian leadership, like Dragisa Krstovic a member of Serbian parliament, who say UNMIK has broken provisions mandated by UN Resolution 1244:

Dragisa Krstovic: “I think that this issue is against the resolution 1244, and I see that independence for Kosovo is entering in a small door. The enforcement of the Criminal Code and Criminal Procedure is a sign, and a step towards independence, which could be dangerous. In any case, certainly, it is not in accordance with resolution 1244.”

Even Kosovo-Albanian leadership agree with Krstovic to a certain extent… because they too see it as a step towards independence. Mimoza Kusari is the spokeswoman of PISG:

Mimoza Kusari: “All Kosovan institutions stated that this is really a step towards independence, and this was very much needed, because Kosovo needs unique and separate laws because it is a separate entity.”

UNMIK has the mandate to enforce the provisional Criminal Code and Criminal Procedure says Neeraj Singh the spokesperson of UNMIK’s Pillar One addressing Law and Justice. Singh denies any accusation asserting that the new criminal codes violate UN resolution 1244. The former laws were too complicated for lawyers and police says Singh, adding that the new code is updated to address offences not covered in the former legal code and to apply more relevant punishment:

Neeraj Singh: “The new Codes are very clearly within the preview of the resolution 1244 because it is very clearly termed as a provisional criminal code and provisional criminal procedure… We have already under resolution 1244 provisional institutions of self-government working in Kosovo and in the largest sense that includes the court systems and Kosovo police system. For the courts and police to work effectively you need laws. And it is an effort to consolidate, simplify, elaborate and modernize the law, I don’t see how can it be anyway inconsistent with the mandate we have here”

Singh notes that the new provisional Criminal Code and Criminal Procedure was drafted by Kosovan and international legal experts criminal laws throughout Europe were consulted and formed the foundation of the new code.

Legal observers regard this new penal code to be the best defined criminal code in the Balkans:

Neeraj Singh: “The most significant change that has been made is that we are not anymore going to have investigating judges. What we will have now is the public prosecutor leading investigations, and framing charges working very closely with the police. We are going to have pre trial judges which would be concerned with addressing issues relating the rights of the accused in terms of search or detention.”

SRSG Harri Holkeri says that the new Codes present for all Kosovans an opportunity to reaffirm their commitment to the rule of law:

Harri Holkeri: “I believe that with the new Codes, UNMIK, in cooperation with Kosovo’s Provisional Institutions, will be able to take Kosovo forward on the path of democratic self-governance with full respect for rule of law.”

That was all for this edition of UNMIK on Air- thanks for listening and stay tuned for more.