ON THE ESTABLISHMENT OF THE ADMINISTRATIVE DEPARTMENT OF JUSTICE

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 and UNMIK Regulation No. 2000/1 of 14 January 2000 on the Kosovo Joint Interim Administrative Structure,

For the purpose of establishing the Administrative Department of Justice,

Hereby promulgates the following:

Section 1

ADMINISTRATIVE DEPARTMENT OF JUSTICE

1.1 The Administrative Department of Justice (hereinafter "the Department") is hereby established.

1.2 The Department shall be responsible for the overall management of matters relating to the judicial system and the correctional service.

1.3 The Department shall implement the policy guidelines formulated by the Interim Administrative Council in matters relating to the judicial system and the correctional service.

Section 2

FUNCTIONS

2.1 The Department may make policy recommendations to the Interim Administrative Council through the Deputy Special Representative of the Secretary-General for Civil Administration concerning, inter alia, an overall strategy and policies for the development, organization and proper functioning of the judicial system and the correctional service in a manner that is non-discriminatory, efficient and consistent with internationally recognized human rights standards.

2.2 The Department shall:

(a) Implement the overall strategy and policies for the development, organization and proper functioning of the judicial system and the correctional service within the framework of the Kosovo Consolidated Budget;

(b) Propose regulations on the development, organization and proper functioning of the judicial system and the correctional service;

(c) Coordinate with other Administrative Departments on matters pertaining to the judicial system and the correctional service;

(d) Cooperate with appropriate organizations in respect of independent monitoring of the judicial system and the correctional service;

(e) Provide information and statistics on the judicial system and the correctional service, as appropriate;

(f) Protect confidential personal data relating to the judicial system and the correctional service;

(g) Facilitate the provision of financial, technical, personnel and material resources for the proper functioning of the judicial system and the correctional service;

(h) Facilitate cooperation in judicial and correctional matters with appropriate entities inside and outside Kosovo;

(i) Assist in the training of judges, prosecutors, lawyers, public attorneys, court interpreters, translators, registrars, judicial support personnel and other relevant personnel;

(j) Assist in the selection, appointment, assignment and removal from office of registrars and judicial support personnel;

(k) Assist in the recruitment, training and evaluation of personnel for the correctional service;

(l) Provide for internal prison inspections and management audits of the correctional service; and

(m) Perform such functions as are ancillary to those set out above and are assigned to the Department by the Deputy Special Representative of the Secretary-General for Civil Administration.

Section 3

CO-HEADS OF THE DEPARTMENT

Co-Heads of the Department, under the supervision of the Deputy Special Representative of the Secretary-General for Civil Administration, shall be jointly responsible for:

(a) Managing the Department and ensuring that the functions entrusted to it are implemented;

(b) Staffing, organizing and administering the Department and issuing administrative instructions and operating guidelines on any matters pertaining to the functions of the Department; and

(c) The effective and efficient management of resources provided to the Department from the Kosovo Consolidated Budget or from any other source.

Section 4

PERSONNEL AND EMPLOYMENT POLICY

Co-Heads of the Department shall:

(a) Implement non-discriminatory personnel policies designed to ensure that the composition of the staff of the Department reflects the multi-ethnic character of Kosovo;

(b) Endeavor to ensure equitable gender balance in all areas and levels within the Department; and

Section 5

IMPLEMENTATION

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

Section 6

APPLICABLE LAW

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

Section 7

ENTRY INTO FORCE

The present regulation shall enter into force on 21 March 2000.

Bernard Kouchner

Special Representative of the Secretary-General