REGULATION NO. 1999/5

UNMIK/REG/1999/5

4 September 1999

 

 

ON THE ESTABLISHMENT OF AN AD HOC COURT OF FINAL APPEAL AND AN AD HOC OFFICE OF THE PUBLIC PROSECUTOR

 

 

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 on the Authority of the Interim Administration in Kosovo,

 

For the purpose of enhancing the administration of justice in Kosovo pending a more thorough review,

 

Hereby promulgates the following:

 

 

Section 1

COURT OF FINAL APPEAL

 

1.1†††††† There shall be established, ad hoc, a Court of Final Appeal, which shall have the powers of the Supreme Court which exercised jurisdiction in Kosovo, as regards appeals against decisions of District Courts in the sphere of criminal law and also as regards detention terms.

 

1.2 ††††† The Court shall be composed of five judges including the President of the Court. The Special Representative of the Secretary-General shall appoint the judges, including the President, following consultations with the Joint Advisory Council on Provisional Judicial Appointments. Additional judges also may be appointed if required, following the same procedure.

 

 

Section 2

PUBLIC PROSECUTOR'S OFFICE

 

A Chief Public Prosecutor and a Deputy Public Prosecutor shall be appointed, ad hoc, to discharge the duties prescribed by law for the Public Prosecutor's Office in Kosovo. They shall be appointed by the Special Representative of the Secretary-General following consultations with the Joint Advisory Council on Provisional Judicial Appointments.

 

 

Section 3

CRITERIA FOR SELECTION AND APPOINTMENT OF THE JUDGES AND THE PROSECUTOR

 

The candidates selected for appointment as judges of the Court and as prosecutors shall satisfy the following criteria:

 

(a)    Have served for at least twelve years as a judge or public prosecutor;

 

(b)   Be of high moral character, impartiality andintegrity;

 

(c)    Not have a criminal record;

 

(d)   Not have participated in discriminatory measures or applied any repressive law or haveimplemented any dictatorial policies; and

 

(e)    Not be registered with any political party or otherwise engaged in political activity.

 

 

Section 4

APPOINTMENT AND TERM OF OFFICE

 

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

 

" I swear (or solemnly declare) that I will perform my duties and exercise my powers as a judge of the ad hoc Court of Final Appeal honourably, faithfully, impartially and conscientiously."

 

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

 

" I swear (or solemnly declare) that I will perform my duties and exercise my powers as a Prosecutor honourably, faithfully, impartially and conscientiously."

 

4.3†††††† The Special Representative of the Secretary-General may remove a judge or the prosecutor from office on any of the following grounds:

 

(a)    Failure to meet the criteria specified in section 3 of the present regulation;

 

(b)   Physical or mental incapacity which is likely to be permanent or prolonged;

 

(c)    Serious misconduct;

 

(d)   Failure in the due execution of office; or

 

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

 

4.4†††††† If the Special Representative of the Secretary-General becomes aware of evidence that indicates that a judge or a prosecutor has failed to comply with his or her obligations under the present regulation the Special Representative of the Secretary-General shall inform the judge or prosecutor of the charge and consider his or her response before taking any action other than temporary suspension of the judge or prosecutor pending resolution of the charge. The Special Representative of the Secretary-General after consultation with the Joint Advisory Council on Provisional Judicial Appointments may remove the judge or prosecutor from office if heconsiders that the charge is established.

 

 

Section 5

PROCEDURE

 

Depending on the nature of the issue to be considered, the Court shall sit in a panel of three judges or five judges.

 

 

Section 6

TERM OF OFFICE

 

The Court shall function and the prosecutors shall exercise their respective duties until the Supreme Court of Kosovo is re-established.

 

 

Section 7

HONORARIUM AND FACILITIES

 

7.1†††††† The honorarium to be paid to the judges and to the prosecutors shall be determined by the Special Representative of the Secretary-General.

 

7.2†††††† The facilities required for the functioning of the Court and of the Public Prosecutorís Office shall be provided by the Special Representative of the Secretary-General.

 

 

Section 8

APPLICABLE LAW

 

This regulation shall supersede any provision in the applicable laws relating to the appointment and removal from office of judges of the Court and of prosecutors which is inconsistent with it.

 

 

Section 9

FINAL PROVISION

 

This regulation shall enter into force on 4 September 1999.

 

 

 

Bernard Kouchner

Special Representative of the Secretary-General