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Text: OSCE Announces Report on War Crimes Trials in Kosovo
(Progress seen in building legal system, more needs to be done) (550)
Progress has been made in building a legal system based on the rule of
law
in Kosovo, but "more needs to be done," say the authors of the first
complete survey of how the courts in Kosovo have dealt with violations
of
international humanitarian law.
A report based on the survey makes recommendations to "further establish
a
dynamic, critical and independent jurisprudence for Kosovo's courts,"
according to an OSCE press release.
The report, Kosovo's War Crimes Trials, covers the 17 cases of war
crimes
that Kosovo's judicial system has dealt with since June 1999. Following
is
an OSCE press release:
(begin text)
Organization for Security and Co-operation in Europe Secretariat
23 September 2002
SURVEY OF WAR CRIMES TRIALS IN KOSOVO'S LEGAL SYSTEM PUBLISHED
PRISTINA, 23 September 2002 - The first complete survey has just been
published of how the courts in Kosovo have dealt with violations of
international humanitarian law. The report, Kosovo's War Crimes Trials,
covers the 17 cases of war crimes that Kosovo's judicial system has
dealt
with since June 1999. Although progress has been made in building a
legal
system based on the rule of law, this report also indicates more needs
to
be done on this very important and sensitive issue.
"Trials of this nature are of crucial importance for post-conflict
societies such as Kosovo as they are a step in the direction of
reconciliation and acknowledgement of the truth," said Ambassador Pascal
Fieschi, OSCE Head of Mission.
The report aims to fill a lack of information about the trials and their
verdicts, and makes recommendations to further establish a dynamic,
critical and independent jurisprudence for Kosovo's courts. UNMIK
[United
Nations Interim Administration Mission in Kosovo], through Pillar I and
particularly the Department of Justice, has made great efforts to build
the institutional capacity of the judiciary. At the same time, the
involvement of international judges in war crimes trials is a positive
development that has addressed concerns of possible ethnic bias.
However, the report notes three areas of concern:
- The quality of legal assessments in indictments and verdicts in war
crimes cases. The OSCE recommendations aim to ensure structural
consistency and solid legal analysis;
- The allocation of resources to courts investigating cases. The OSCE
recommends that judges and prosecutors should be supported by
professional
legal officers, researchers and qualified experts in many fields to
fully
assess cases;
- Summarized witness statements in war crimes cases. The OSCE recommends
that these statements should be verbatim records.
Urgently addressing these needs will help the local judiciary improve
its
war crimes jurisprudence and its understanding of legal issues involved
in
complex cases of this nature.
The OSCE is mandated with monitoring human rights in Kosovo, and it
applies a human rights' perspective to its monitoring of the judicial
system. This monitoring has been used in assisting UNMIK to create an
effective justice system, striving towards international standards.
The OSCE is working closely with Pillar I, the Police and Justice
Pillar,
to deal with many of the issues raised in this report with the aim of
fostering a culture of respect for human rights and the rule of law.
For further information, please contact:
Poul Smidt, Spokesperson
Press and Public Information Section
OSCE Mission in Kosovo
Belgrade street 32
38000, Pristina
Federal Republic of Yugoslavia
GMT +1
Tel.: +381 38 500 162 x 260
+377 44 500 150 (mobile)
Fax: +381 38 500 188
(end text)
(Distributed by the Office of International Information Programs, U.S.
Department of State. Web site: http://usinfo.state.gov)
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