REGULATION NO. 1999/5
UNMIK/REG/1999/5
4 September 1999
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
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
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
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
and integrity;
(c)
Not
have a criminal record;
(d)
Not
have participated in discriminatory measures or applied any repressive law or
have implemented any dictatorial
policies; and
(e)
Not
be registered with any political party or otherwise engaged in political
activity.
Section 4
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 he
considers that the charge is established.
Section 5
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
The Court shall function and the prosecutors shall
exercise their respective duties until the Supreme Court of Kosovo is re-established.
Section 7
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
Prosecutor’s Office shall be provided by the Special Representative of the
Secretary-General.
Section 8
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
This regulation shall enter into force on 4 September 1999.
Bernard Kouchner
Special Representative of the Secretary-General