THE WESTERN BALKANS TRIAL MONITORING REPORT FACTSHEET
From Paper to Practice Evaluating the Effectiveness of Judicial Responses to Serious Organised Crime and Corruption Review Period July 2021 - March 2024
KOSOVO Trial monitoring results on serious organised crime and corruption (OCC) cases
HOW FOCUS The Project's Methodology, fairness developed and adapted by the OSCE ODIHR based on its Trial Monitoring Manual & drawing on the extensive efficiency experience of OSCE field operations in monitoring OCC cases, encompasses trial monitoring from capacities/performance the confirmation of indictment to the final and binding verdict. strategic use of judicial tools CASES UNDER Kosovo Supreme Court MONITORING
organised crime corruption 30
25 Kosovo Court of Appeals
number of cases 20
15
10 Basic Courts in Prishtinë/Priština, Ferizaj/Uroševac, 5 Prizren, Pejë/Peć, Gjakovë/Đakovica, Mitrovicë/Mitrovica, Gjilan/Gnjilane 0 cases
REPORT FINDINGS The Project’s trial monitoring identified symptoms of systemic challenges at the institutional, legislative and policy level. However, initiatives are already underway to address many aspects of the issues identified in this Report. These include strategies on the rule of law and specifically judicial reform, anti- corruption action plans, guidelines on the application of ECtHR, and capacity building on criminal procedures. These are substantial investments that, with sustained efforts, can lead to substantial progress.
The main identified areas for further improvement relate to:
TRANSPARENCY FAIRNESS & EQUALITY
consistency in publication perception of impartiality & of hearings & judicial acts presumption of innocence responses to civil society consistency in application of the information requests law in line with international standards Acquittal Conviction Rejection 50
JUDICIAL ACTS 40
charges substantiation
number of defendants 30 details on financial gain or damage 20 reasoning
10
0 Defendants Corruption Defendants Org.Crime
LENGTH OF PROCEEDINGS LENGTH OF PROCEEDINGS FROM INDICTMENT TO FINAL JUDGEMENT, IN MONTHS percentage of unproductive 1 to 12 hearings and retrials 13 to 24 number of interpreters & interpretation equipment 25 to 48 use of case management system 49 to 72
73 to 108
109 to 120
0 1 2 3 4 5 number of cases
WAY FORWARD TRACK RECORD IMPACT BUY-IN Create preconditions for Aim for changes that Address resistance to an effective track record make an immediate change, accounting for in combatting OCC. difference. operational practices and working cultures. STRENGTHEN TRANSPARENCY AND ACCESS TO INFORMATION IN OCC CASES by ensuring regular publication of accurate case information, improving communication with civil society, establishing mechanisms for consistent publication of indictments, and monitoring implementation of communication strategies.
INCREASE THE CAPACITY OF COURTS TO FUNCTION EFFECTIVELY IN BOTH OFFICIAL LANGUAGES by assessing interpreter/translator needs, reviewing qualification requirements, providing adequate training, and ensuring proper employment conditions to facilitate recruitment and retention.
IMPROVE THE STANDARD OF INDICTMENTS AND JUDGEMENTS by enhancing internal review mechanisms, developing a process to review cases with acquittals/dismissed indictments, and providing targeted training to prosecutors and judges.
ENSURE THAT FINANCIAL INVESTIGATIONS AND ASSET CONFISCATION ARE IMPLEMENTED in OCC cases by promoting effective investigative tools, applying recently published guidelines on seizure/confiscation, ensuring performance evaluations reflect the effort required, and providing sufficient capacity building.
ENSURE EFFECTIVE CASE MANAGEMENT in OCC cases by developing guidelines on trial management, encouraging use of case management hearings, promoting e-summons and online notifications, and ensuring implementation of new Criminal Procedure Code provisions aimed at reducing delays.
This publication was produced with the financial support of the For more on the Regional Trial Monitoring project go to European Union. Its contents are the sole responsibility of the www.osce.org/WesternBalkansTrialMonitoring or OSCE and do not necessarily reflect the views of the European follow us in SoMe #RegTrialMonitoring Union.