UNMIK/REG/2001/2

12 January 2001

REGULATION NO. 2001/2

AMENDING UNMIK REGULATION NO. 2000/6, AS AMENDED, ON THE APPOINTMENT AND REMOVAL FROM OFFICE OF INTERNATIONAL JUDGES AND INTERNATIONAL PROSECUTORS

The Special Representative of the Secretary-General,

Pursuant to the authority given to him under United Nations Security Council resolution 1244 (1999) of 10 June 1999,

Having promulgated UNMIK Regulation No. 2000/6 of 15 February 2000 on the Appointment and Removal from Office of International Judges and International Prosecutors and Regulation No. 2000/34 of 27 May 2000 amending UNMIK Regulation No. 2000/6,

For the purpose of enhancing the judicial process and the proper administration of justice,

Hereby amends UNMIK Regulation No. 2000/6, as amended, by revising section 5, adding new sections 1.4, 1.5, 1.6, 6 and 7, and renumbering the previous section 6 as section 8.

Consequently, the regulation will have the following wording as of the date on which the present regulation enters into force:

REGULATION NO. 2000/6

ON THE APPOINTMENT AND REMOVAL FROM OFFICE OF INTERNATIONAL JUDGES AND INTERNATIONAL PROSECUTORS

The Special Representative of the Secretary-General,

Pursuant to the authority given to him under United Nations Security Council resolution 1244 (1999) of 10 June 1999,

Taking into account United Nations Interim Administration Mission in Kosovo (UNMIK) Regulation No. 1999/1 of 25 July 1999, as amended, on the Authority of the Interim Administration in Kosovo,

For the purpose of assisting in the judicial process in Kosovo,

Hereby promulgates the following:

Section 1
Appointment and Removal from Office of International Judges and International Prosecutors

1.1 The Special Representative of the Secretary-General may appoint and remove from office international judges and international prosecutors, taking into account the criteria set forth under sections 2 and 4 of the present regulation.  Such appointments shall be made to any court or public prosecutor's office in the territory of Kosovo.

1.2 International judges shall have the authority and responsibility to perform the functions of their office, including the authority to select and take responsibility for new and pending criminal cases within the jurisdiction of the court to which he or she is appointed.

1.3 International prosecutors shall have the authority and responsibility to perform the functions of their office, including the authority and responsibility to conduct criminal investigations and to select and take responsibility for new and pending criminal  investigations or proceedings within the jurisdiction of the office of the prosecutor to which he or she is appointed.

1.4 An international prosecutor may undertake, resume or continue prosecution of a case, utilizing the procedures applicable to an injured party prosecution as set forth in Articles 60, 61 and related articles of the applicable Yugoslav Criminal Procedure Code. In exercising such a power, a international prosecutor shall:

(a) have full rights as a public prosecutor acting as an officer of the government;

(b) undertake, resume or continue a prosecution within 30 days from the date of receipt of the notification referred to in section 1.6; and

(c) not be constrained by requirements or procedures of Articles 403 - 407, inclusive, of the applicable Yugoslav Criminal Procedure Code.

1.5 An international prosecutor may appeal a decision by a panel of judges to dismiss an inquiry, in accordance with Article 171 of the applicable Yugoslav Criminal Procedure Code.

1.6  The responsible authority for notifying the injured party for the purposes of Articles 60 and 61 of the applicable Yugoslav Criminal Procedure Code shall also notify the competent international prosecutor assigned to the relevant District Court or Prosecutor's Office within fourteen (14) days.  Where no international prosecutor has been assigned to that District Court or Prosecutor's Office, the responsible authority shall notify the Department of Judicial Affairs which shall, in turn, immediately notify an international prosecutor.

Section 2
Criteria for International Judges and International Prosecutors

International judges and international prosecutors shall:

(a) have a university degree in law;

(b) have been appointed and have served, for a minimum of 5 years, as a judge or prosecutor in their respective home country;

(c) be of high moral integrity; and

(d) not have a criminal record.

Section 3
Oath or Solemn Declaration

Upon appointment, each international judge and international prosecutor shall subscribe to the following oath or solemn declaration before the Special Representative of the Secretary-General:

"I,_______________, do hereby solemnly swear (or solemnly declare) that:

In carrying out the functions of my office, I shall act in accordance with the highest standards of professionalism and with utmost respect for the dignity of my office and the duties with which I have been entrusted.  I shall perform my duties and exercise my powers impartially, in accordance with my conscience and with the applicable law in Kosovo.

In carrying out the functions of my office, I shall uphold at all times the highest level of internationally recognized human rights, including those embodied in the principles of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the European Convention for the Protection of Human Rights and Fundamental Freedoms and its protocols.

In carrying out the functions of my office, I shall ensure at all times that the enjoyment of these human rights shall be secured to all persons in Kosovo without discrimination on any ground such as ethnicity, sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status."

Section 4
Removal from Office of International Judges and International Prosecutors

4.1 The Special Representative of the Secretary-General may remove from office an international judge or international prosecutor on any of the following grounds:

(a) physical or mental incapacity which is likely to be permanent or prolonged;

(b) serious misconduct;

(c) failure in the due execution of office; or

(d) having been placed, by personal conduct or otherwise, in a position incompatible with the due execution of office.

4.2 An international judge or international prosecutor shall not hold any other public or administrative office incompatible with his or her functions, or engage in any occupation of a professional nature, whether remunerative or not, or otherwise engage in any activity that is incompatible with his or her functions.

Section 5
Applicable Law

The present regulation shall supersede any provision in the applicable law which is inconsistent with it.

Section 6
Implementation

The Special Representative of the Secretary-General may issue administrative directions for the implementation of the present regulation.

Section 7
Transitional Provisions

Notwithstanding Section 1.4(b), an international prosecutor may exercise the powers conferred by Section 1.4 of the present regulation in respect of cases in which the public prosecutor abandoned the prosecution prior to the date of the present regulation, provided that the international prosecutor shall exercise such powers no later than 30 days from the date of promulgation of the present regulation.

Section 8
Entry into Force

The present regulation  shall enter into force on 12 January 2001.


Bernard Kouchner
Special Representative of the Secretary-General