Detailed Ongoing and New Recommendations

To the EU Rule of Law Mission (EULEX)

Ensure that the criminal justice system is fully integrated between its international and national elements, with effective coordination between international and national judges, prosecutors, and police.
Resolve arrangements for EU police investigative support to national and international prosecutors, whether through a judicial police branch or otherwise, and support KPS capacity to do the same.
Foster closer coordination between the EU police and the Kosovo Police Service, including by working jointly on cases.
Continue international prosecutor mentoring and training programs for national prosecutors, in order to progressively hand over responsibility for sensitive cases to national prosecutors.
Enhance mentoring and cooperation between national and international judges, in order to progressively hand over responsibility for sensitive cases to national judges.
Ensure that there is no involvement by the executive (whether national or international) in the allocation of cases to international judges and prosecutors, and give greater weight to the assessment of national judges and prosecutors in determining how to allocate cases.
Ensure effective oversight over the performance of international police, prosecutors, and judges by establishing effective internal oversight mechanisms and accepting the jurisdiction of the Kosovo Ombudsperson Institution to investigate complaints arising from the exercise of the EULEX mandate.
Prioritize witness protection and relocation programs, including working with the government of Kosovo on the speedy adoption of a witness protection law; training for the police, prosecutors, and judges on full use of witness protection measures in court; and removal of any administrative or legal obstacles to the relocation of witnesses outside Kosovo.

To the Government of Kosovo

Demonstrate public commitment to support police and prosecutorial efforts to bring to justice the perpetrators of serious crimes, including organized crime and war crimes.
Resolve arrangements for Kosovo Police Service investigative support to national and international prosecutors, whether through a judicial police branch or otherwise.
If there is agreement that an informal arrangement to train designated officers represents an acceptable and effective compromise, amend the criminal procedure code accordingly.
Ensure that all court employees are familiar with and make use of the electronic case management system, including by providing regular training and staff rotation as required.
Provide adequate budgetary support to the Kosovo Judicial Council.
Cooperate fully with the Ombudsperson Institution.
Make the Police Inspectorate of Kosovo independent of the Ministry of Interior, with a separate budget line.
Develop a justice system outreach program, including: a public information campaign to inform the public about the outcome of important cases and regular publication of statistics on conviction rates; pay particular attention to reaching out to minority communities.
Address the obstacles to effective witness protection and relocation programs, including the adoption of a witness protection law, and the conclusion of agreements with the US, EU, and other governments to jointly share responsibility for the relocation and financial support of witnesses at risk.

To the Kosovo Judicial Council

Develop an action plan to implement the strategy of the KJC in relation to the oversight of national judges and prosecutors.

Mandate the participation of all judges in continuing education on criminal law topics, including sentencing and laws and procedures regarding witness protection and relocation.

Streamline and rigorously apply procedures for investigating and disciplining judges and prosecutors, in order to ensure that high professional and ethical criteria apply.

To the Office of the Public Prosecutor of Kosovo

Mandate the participation of all prosecutors in continuing education on criminal law topics, including coordination with the police, and on laws and procedures regarding witness protection and relocation.
Encourage cooperation between national and international prosecutors, including through mentoring and training programs.

To the Kosovo Police Service (KPS)

Resolve arrangements for Kosovo Police Service investigative support to national and international prosecutors, including training, whether through a judicial police branch or otherwise.
Encourage cooperation between national and international police to build capacity, share information, and avoid the duplication of efforts.
Ensure that all officers cooperate fully with Police Inspectorate of Kosovo investigations, and with the Ombudsperson Institution, and that senior officers fully implement any resulting recommendations.

To the Organization for Security and Co-operation in Europe (OSCE) Mission in Kosovo

Continue monitoring and reporting on criminal trials and the overall functioning of the criminal justice system; make any findings public.
Assist the Kosovo government and EULEX in identifying training gaps to improve professional capacities of national and international police, judges, and prosecutors.

To the European Union, the United States, and other Contact Group members

Provide political support to reinvigorate efforts to tackle serious crime in Kosovo, including organized crime, war crimes, and inter-ethnic crimes.
Publicly commit to relocate witnesses from Kosovo, and provide financial support to their relocation.
Continue financial support to the criminal justice system, carefully monitoring progress and auditing spending.

March 2008

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