Executive SummaryIt is now widely accepted that the justice system is the weakest of Kosovo’s main institutions. That reality is reflected in the decision of the European Union to focus the efforts of its European Security and Defence Policy mission to Kosovo on police and justice issues. Kosovo’s inadequate justice system has far-reaching consequences. In particular, many of Kosovo’s ongoing human rights problems, particularly ethnically- and politically-motivated violence, can be traced back to the failure of the authorities to bring perpetrators to justice. Human Rights Watch’s research indicates that the weakness of Kosovo’s criminal justice system has many causes. A major change to the system, introduced in 2004, whereby prosecutors rather than judges take the lead in investigating cases, has yet to be fully implemented. Prosecutors now appear to take a more active role in leading investigations than was the case at the time of our previous report of May 2006, “Not on the Agenda: The Continuing Failure to Address Accountability in Kosovo Post-March 2004.” But proscutors’ cooperation with the police remains problematic. Prosecutors are supposed to be assisted in their new investigative role by a judicial police branch, with dedicated officers. But the branch has yet to be established, largely because of opposition from both international and national police, who fear that a separate branch would create divisions within the police. No formal alternative arrangements have been put in place. Concerns over lenient sentencing practices and a lack of understanding by judges of the applicable law remain, although training for national judges has improved. The justice system remains deeply divided between its national and international elements. There has been some progress in improving collaboration between national prosecutors and judges and their international counterparts. But the continuing lack of confidence among international institutions about the ability of the national officials fairly to investigate, prosecute, and adjudicate sensitive cases means that national police, prosecutors, and judges are frequently cut out of such cases. The lack of integration in the system undermines its efficiency and hampers efforts to build capacity among national prosecutors and judges. Inadequate witness protection remains a major impediment to justice, especially for organized crime, war crimes, and attacks on minorities. As cases of witness intimidation and harassment are widespread, many witnesses are unwilling to come forward, fearing for their lives. Kosovo lacks a witness protection law, and judges and prosecutors often fail to use existing protective measures available in courtrooms. For witnesses in the most sensitive cases, relocation outside Kosovo is the only effective means of protection. Yet foreign governments have so far been reluctant to accept witnesses at risk. Despite millions of euro of funding, the electronic case management system is still not operational, exacerbating the backlog in cases and making effective monitoring and resource allocation almost impossible. Outreach to affected communities is inadequate, leaving victims and witnesses in the dark about the outcome of cases, and further undermining confidence in the system. There is insufficient independent oversight over the work of judges, prosecutors, and the police. The inspectorate body set up to investigate complaints against the Kosovo Police Service lacks experience and authority. And the justice system generally lacks transparency, making it hard for the public to determine whether justice is being done, and to hold to account the national and international institutions that are responsible for justice. An EU rule of law of mission (known as “EULEX”), with international judges, prosecutors and police officers, is the main element of the new EU-led mission to Kosovo, reflecting international recognition of the scale of the problem. But ending impunity and building the rule of law will depend on the ability to learn from the mistakes of the past, and a willingness on the part of the Kosovo government and the new international mission to police, prosecute, and punish criminal conduct, wherever and by whomever it is committed. * * * Our report “Not on the Agenda,” which examined the Kosovo criminal justice system through the lens of cases related to ethnically-motivated riots in March 2004 and their adjudication, made a series of recommendations to national and international authorities in Kosovo, with the twin aims of reinvigorating the investigation and prosecution of the pending cases, and improving the criminal justice system in general. Human Rights Watch traveled to Kosovo in July and December 2007 to assess the state of the criminal justice sector in Kosovo, using as our benchmarks the recommendations identified in our May 2006 report, as well as to examine new issues of concern. We interviewed more than 30 national and international officials engaged with the criminal justice system, as well as civil society and media representatives. The result is the criminal justice scorecard summarized below and elaborated in this report. We assess whether the recommendations contained in our May 2006 report have been “fully implemented, “partially implemented,” or “not implemented.” We make further concrete recommendations to help address the shortcomings identified, and to build on progress already made. |