UNMIK/PR/1310
PRISTINA – A conference on ‘Reorganisation of the Kosovo Justice System’ was inaugurated this morning at the Grand Hotel in Pristina with keynote speeches from Mr. Ibrahim Rugova, President of Kosovo, Mr. Ramush Haradinaj, Prime Minister of Kosovo, Mr. Lawrence G. Rossin, Principal Deputy Special Representative of the Secretary-General and Mr. Rexhep Haxhimusa, President of the Supreme Court of Kosovo.
Extending the compliments and full support of the SRSG for the endeavour, PDSRSG Rossin said, “This conference indeed is very timely. Both amongst Kosovans and in the international community, the Rule of Law is right at the top of the agenda of the list of standards which Kosovo must attain to build a better future for its people and to achieve its European destiny. And nothing is more important to the rule of law in Kosovo than establishing an independent, impartial and multi-ethnic judiciary.”
Acknowledging the progress made in the development of the justice sector, Mr. Rossin said, “Since 1999, we have come a long way. There was essentially no judiciary in Kosovo in 1999. Now, more than 97% of criminal cases and almost all civil cases are handled by Kosovo’s 363 local judges and 58 local prosecutors, even though we need to do better in achieving greater participation from ethnic minorities and particularly from Kosovo Serbs who also must come forward to participate.”
“But there are still important challenges to be faced,” the PDSRSG said, “We must ensure that the judicial system is truly independent from executive influence, yet does not operate without structures to ensure its accountability. We must find ways to reverse the growing backlog of cases throughout Kosovo’s courts, because justice delayed eventually becomes justice denied. And we must develop structures that are as efficient and streamlined as possible to respond to the genuine constraints of the Kosovo budget and the many competing priorities it must support.”
The basis for discussions in the conference is a Report entitled ‘Kosovo Justice System: Assessment and Restructuring Options’ produced by experts from the United States Department of Justice and the Council of Europe, pursuant to a request from the Kosovo Judicial and Prosecutorial Council (KJPC). In 2002, the SRSG requested the KJPC to look at Kosovo’s judicial and prosecutorial systems and advise him what reforms and restructuring should be made. In turn the KJPC turned to the Council of Europe and the US Office in Pristina, which generously funded the commissioning of an expert report, which was made available in the summer of 2004.
Paying tribute to the report and to the experts who wrote it, the PDSRSG said, “It deals fully with its original mandate to advise how we should evaluate the right number of judges and prosecutors for Kosovo. But it goes far beyond that mandate, and in the most constructive way. It considers a range of reforms to improve the efficiency and smooth working of the court system. It considers a reform of the court system itself, in the interest of making sure we make the best use of the judges’ time. And it considers in depth what needs to be done to make sure that the judiciary remains independent and free from executive interference, and yet has its own systems of accountability. Especially importantly, it enjoys both the Council of Europe and US support and insight, which provides the best from many legal traditions.”
Many of the recommendations of the report have already been discussed by the Justice Sector Expert Consultative Group (JSECG), which brings together local prosecutors, judges, law professors, attorneys, representatives of the Office of the Prime Minister and other key stakeholders together with UNMIK to discuss justice sector reform.
“I hope that the ideas that are discussed today will be vigorously taken forward through the JSECG until we reach a consensus on these reforms and their implementation,” Mr. Rossin said, stressing that, “It is important to move the debate forward, a debate which needs to include the judges and prosecutors themselves as well as the wider legal profession, the Government and the Assembly as well as UNMIK.”
The two-day conference is organised by the Kosovo Judicial and Prosecutorial Council (KJPC) in cooperation with the United States Department of Justice and the Council of Europe. Deliberations during the two days include panel discussions and workshops involving international and Kosovan experts, judges and prosecutors.