Page:Kosovo OSCE Legal System Monitoring Section Monthly Report - August 2008.djvu/2



The (OSCE) is concerned that understaffing and uncertainty regarding the deployment of the European Union Rule of Law Mission in Kosovo (EULEX) has resulted in significant delays in criminal proceedings. This negatively impacts the rights of defendants to a trial within a reasonable time and to liberty for defendants in detention on remand.

Under UNMIK Regulation 2000/64, as amended, "[f]or the purpose of ensuring the independence and impartiality of the judiciary and the proper administration of justice" the prosecutor, accused or defense counsel may request the UNMIK Department of Justice for an assignment of international prosecutors or judges or a change of venue in criminal proceedings. Thus, many serious criminal crimes, including those involving allegations of war crimes or interethnic violence, involve international prosecutors and judges. The UNMIK Department of Justice is currently handling 82 cases involving 198 defendants where an indictment has been filed.

It was anticipated that after 15 June 2008 UNMIK Department of Justice would gradually transfer its competencies to another institution. In light of this development, on 21 April 2008 the UNMIK Department of Justice sent an internal email entitled "Clarification of Processing and Handling of Cases" instructing that judges shall "continue to process cases and assign judges to the next step of the proceedings in new and pending cases so long as the in-court proceedings, e.g. confirmation of the indictment, judgment, etc., can be completed no later than 14 June 2008." It is now expected that with the reconfiguration of UNMIK, the Department of Justice will transfer some competencies, including executive authority in criminal cases, to EULEX. Although UNMIK held "discussions [with EULEX] on future

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