REGULATION NO. 1999/26
UNMIK/REG/1999/26
22 December 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 and UNMIK Regulation
No. 1999/24 of 12 December 1999 on the Law Applicable in Kosovo,
In order to amend the pretrial procedures to ensure
the proper administration of justice,
Hereby promulgates the following:
Section 1
1.1 In
addition to the six months maximum period of pretrial custody permitted
pursuant to the applicable law, a panel of the Ad Hoc Court of Final Appeal
may, in order to ensure the proper administration of justice, extend pretrial
custody by not more than an additional three (3) months, and may subsequently
further extend pretrial custody by not more than an additional three (3)
months.
1.2 The
extensions of pretrial custody provided for in section 1.1 of the present
regulation shall be applicable only where proceedings are conducted for a crime
carrying a possible prison sentence of more than five (5) years.
1.3 A
decision on extending pretrial custody under section 1.1 of the present
regulation shall be made on the recommendation, with supporting reasons, of the
investigating judge or the public prosecutor.
Section
2
If an indictment is not brought before the
expiration of periods for pretrial custody referred to in section 1 of the
present regulation, the accused shall be released.
Section 3
The present regulation shall enter into force on 22
December 1999.
Section 4
Sections 1 and 2 of the present regulation shall
apply also to criminal proceedings initiated between 10 June 1999 and the date
of the present regulation.
Bernard Kouchner
Special Representative of the Secretary-General