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Financial Times
September 23, 2002

Report says Kosovo courts bungle war trials 
By Eric Jansson in Belgrade 

-All the reversals resulted in the freeing of ethnic
Serbs who had faced long prison terms, up to 20 years.




A report on war crimes trials conducted in Kosovo
paints a picture of "meagre" jurisprudence and
ethnically-tainted verdicts so at odds with
international standards that  international judges are
often despatched to wrest control from local
prosecutors.

Bungling behind the bench takes place in low-level
courts but also in Kosovo's Supreme Court, according
to the report published by the Organisation for
Security and Cooperation in Europe (OSCE) on Monday.

Of the eleven guilty verdicts rendered in war crimes
cases by Kosovo's Supreme Court since 1999, when
Yugoslav control over the province collapsed and the
United Nations set up a temporary regime,
international judges have intervened to reverse eight
of them.

All the reversals resulted in the freeing of ethnic
Serbs who had faced long prison terms, up to 20 years.

While prosecutors based at the Hague for the
International Criminal Tribunal for the former
Yugoslavia may pursue war crimes cases in Kosovo, so
may local courts.

The OSCE report's authors deride the Supreme Court for
issuing war crimes decisions "characterised by brevity
(the average length of decisions is three to four
pages), poor legal reasoning, absence of citations to
legal authority, and lack of interpretation concerning
the applicable law on war crimes and human rights
issues".

They also echo a complaint registered earlier this
year by the international community's ombudsman in the
majority Albanian province, that the courts make
public too little information about their proceedings.

"Public information about the manner in which these
trials have been conducted and about the verdicts has
so far been scarce and inconsistent, leaving both the
public and most part of the local and international
legal community with an incomplete image of the
materials and processes of these cases," the report
reads.
 
 


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