ON ASSIGNMENT OF INTERNATIONAL JUDGES/PROSECUTORS AND/OR CHANGE OF VENUE

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,

Recognizing the responsibility of the international civil presence to maintain civil law and order and protect and promote human rights,

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. 2000/6 of 15 February 2000, as amended, on the Appointment and Removal from Office of International Judges and International Prosecutors,

Recognizing that the presence of security threats may undermine the independence and impartiality of the judiciary and impede the ability of the judiciary to properly prosecute crimes which gravely undermine the peace process and the full establishment of the rule of law in Kosovo,

For the purpose of ensuring the independence and impartiality of the judiciary and the proper administration of justice,

Hereby promulgates the following:

Section 1

Recommendation for Assignment of International Judges/Prosecutors and/or Change of Venue

1.1 At any stage in the criminal proceedings, the competent prosecutor, the accused or the defence counsel may submit to the Department of Judicial Affairs a petition for an assignment of international judges/prosecutors and/or a change of venue where this is considered necessary to ensure the independence and impartiality of the judiciary or the proper administration of justice.

1.2 At any stage in the criminal proceedings, the Department of Judicial Affairs, on the basis of the petition referred to in section 1.1 above or on its own motion, may submit a recommendation to the Special Representative of the Secretary-General for the assignment of international judges/prosecutors and/or a change of venue if it determines that this is necessary to ensure the independence and impartiality of the judiciary or the proper administration of justice.

1.3 The Special Representative of the Secretary-General shall review a recommendation submitted by the Department of Judicial Affairs and signify his approval or rejection thereof. Such a review shall not stay the ongoing criminal proceedings.

Section 2

Designation of International Judges/Prosecutors and/or New Venue

2.1 Upon approval of the Special Representative of the Secretary-General in accordance with section 1 above, the Department of Judicial Affairs shall expeditiously designate:

(a) An international prosecutor;

(b) An international investigating judge; and/or

(c) A panel composed only of three (3) judges, including at least two international judges, of which one shall be the presiding judge,

as required by the particular stage at which the criminal proceeding has reached in a case.

2.2 Upon designation by the Department of Judicial Affairs, in accordance with the present regulation, international judges and international prosecutors shall have the authority to perform the functions of their office throughout Kosovo.

2.3 Upon approval of the Special Representative of the Secretary-General, in accordance with section 1 above, the Department of Judicial Affairs shall expeditiously designate a new venue for the conduct of criminal proceedings.

2.4 A new venue or panel shall not be designated:

(a) For a trial, once a trial session has already commenced. This will not bar the designation of a new venue or panel, in accordance with the present regulation, during a subsequent review of an appeal or an extraordinary legal remedy; and

(b) For appellate review once an appellate panel session has already commenced. This will not bar the designation of a new venue or panel, in accordance with the present regulation, during a subsequent review of an extraordinary legal remedy.

2.5 A decision of the Department of Judicial Affairs regarding the designation of a new venue, an international judge, an international prosecutor and/or an international panel shall be communicated immediately to the president of the competent court, the prosecutor, the accused and the defence counsel.

Section 3

Applicable Law

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

3.2 Nothing in the present regulation shall affect the authority and responsibility of an international judge or an international prosecutor to perform the functions of his or her office, including to select and take responsibility for new and pending criminal cases, in accordance with UNMIK Regulation No. 2000/6, as amended.

Section 4

Entry into Force

The present regulation shall enter into force on 15 December 2000 and shall remain in force for an initial period of twelve (12) months. Upon review, this period may be extended by the Special Representative of the Secretary-General.

Bernard Kouchner

Special Representative of the Secretary-General