cooperation", the two sides still have not concluded an agreement on the transfer of authority over outgoing proceedings.[1] Moreover, EULEX judges cannot assume authority over criminal cases yet, as they have not been "selected and appointed by the competent authority", as required by the law establishing the jurisdiction of EULEX judges and prosecutors.[2]
However, in preparation for future transfer, international judges received instructions to hear only those proceedings which could be terminated by October 2008. New or lengthy cases would be left to be handled by EULEX.[3]
As a result of these changes, the UNMIK Department of Justice has continued to decrease its staffing levels and this has negatively affected the ability of judges to process cases. According to the latest UNMIK Department of Justice Ongoing Case Transition Report,[4] the UNMIK Department of Justice is currently staffed with nine international prosecutors (including the Acting Director of the Department of Justice) and 11 international judges. However, three judges departed in August 2008 and three judges are assigned to the Special Chamber of the Supreme Court of Kosovo for Kosovo Trust Agency-Related Matters. Thus, as of September 2008, only five international judges will handle criminal cases assigned to the UNMIK Department of Justice. Approximately one year ago (July 2007), the UNMIK Department of Justice employed 13 international prosecutors and 16 international judges.
2. Human rights concerns
The OSCE is concerned that the failure to schedule cases led to avoidable delays in criminal trials handled by international judges, and may violate the right of defendants held in detention on remand. Employment reductions of judges, prosecutors, and support staff have also reduced the speed by which courts can process cases.
- ↑ See Minutes from the Security Council 5944th Meeting, 25 July 2008 (S/PV 5944 and press release
SC/9407, available at www
.un .org /Depts /dhl /resguide /scact2008 .htm - ↑ Law 03/L-053, On the Jurisdiction, Case Selection and Case Allocation of EULEX judges and prosecutors in Kosovo, 13 March 2008, Section 1.
- ↑ OSCE interview with an UNMIK Department of Justice official on 21 July 2008.
- ↑ Department of Justice Ongoing Case Transition Report No. 15, 31 July 2008.
General on the United Nations Interim Administration Mission in Kosovo, S/2008/458, 15 July 2008, paragraph 3).
