Justice minister says Kosovo's court system requires Serb co-operation (SETimes)

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Linda Karadaku
28 January 2010

In an exclusive interview with SETimes, Kosovo Justice Minister Nekibe Kelmendi details problems faced by the fledgling country's beleaguered court system.

Nekibe Kelmendi, the first woman attorney in Kosovo since 1974, became the country's first female justice minister in 2008. She is also a survivor of terrible tragedy. Both of Kelmendi's sons and her husband were killed by Serbian gunmen at the beginning of the Kosovo conflict.

She expressed frustration that a series of laws intended to move Kosovo's justice system into line with international standards have languished for nearly a year. With the declaration of Kosovo independence in Februrary 2008, the process of integrating courts in Serb-majority areas -- such as Mitrovica in the north -- has fallen apart.

SETimes: The Kosovo judicial system has been criticised as one of the country's biggest problems. How are you trying to improve it?

Nekibe Kelmendi: Urgent steps should be undertaken to return [a better] image to the Kosovo courts. In order to improve the situation, the four draft laws handed over to the government for approval in March 2009 should be approved. They have been drafted based on the constitution and they are in harmony with the international standards. Court reform in Kosovo starts with them. The laws handed over to the government for approval in March 2009 are the Law for the Courts, the Law for the Justice Council, the Law for the State Prosecutor's Office and the Law for the Prosecutor's Office Council.

SETimes: Mitrovica Court in the north is not yet functional and no Albanian or Serb judges and prosecutors have returned. re there any talks to get the court operating?

Kelmendi: The justice bodies in Mitrovica started their work on both levels since 2000 and they functioned uninterrupted up to the day Kosovo declared independence. They implemented the same laws as the rest of the courts in Kosovo and they were multi-ethnic. Judges, prosecutors and administrative staff of the Serb community worked there as well.

After the proclamation of Kosovo independence, some Serb extremists and criminals occupied the buildings of justice in Mitrovica, demolished them and took away many important files, creating a dangerous situation. Since then, those justice bodies have not functioned, despite the fact that the international representatives had promised that their closure would last a short time.

No one can negotiate with Belgrade on the conditions to which Serb judges and prosecutors would return to the court in Mitrovica. They left on their own decision, imposed from officials in Belgrade [with] no pressure or threat whatsoever from the institutions or the people of Kosovo.

SETimes: We have seen most of the sensitive cases taken by EULEX judges and prosecutors. Are Kosovo judges and prosecutors able to handle such cases?

Kelmendi: International judges and prosecutors have been included in the courts and prosecutor's offices of Kosovo with the deployment of UNMIK. The legal basis for this inclusion was made possible from the Kosovo parliament. According to [the] law, EULEX judges and prosecutors have priority in selecting the cases to judge in penal cases as well as civil cases, especially in property contests. EULEX judges have priority in selecting the cases [and] local judges are also included on the panels. EULEX judges and prosecutors have concentrated in taking cases related to war crimes ... economic crimes, organised crime and other serious crimes.

SETimes: Are issues such as lack of a proper budget, non-competitive salaries for the judges and prosecutors, political interference, threats or intimidation threatening Kosovo's judicial system?

Kelmendi: All of the [factors] in your question [are valid] except for political intervention, of which I have no knowledge. Lack of personal physical security of the judges has to be added, as well as the cases [of intimidation] from individuals and corruption. A problem and a great challenge is the delay in starting court reform. This is a consequence of the non-approval [by] the government of the package of laws which would open the way for court reform and the [problem] of the courts in Mitrovica. All these problems have an impact on the image of the court system in Kosovo and the progress of Kosovo in the field of the rule of law.

SETimes: At what level are the minorities, especially the Serb minority, represented in the Kosovo justice system? What are the main challenges for them?

Kelmendi: All the minority communities are included in the courts system in Kosovo. For now, it remains a fact of discontent that the Serb community is not [better represented] in the court system in Kosovo. This is not due to the lack of readiness from the Kosovo institutions, but due to lack of their readiness and lack of determination to cut off the political influences of Belgrade.

The judges and the prosecutors of the Serb community have no reason not to fully [participate] in the Kosovo court system. They [are protected] by the constitution and there is a readiness [to welcome them by] Kosovo institutions and their Albanian colleagues.

This content was commissioned for SETimes.com

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