April 13, 2009

Better Late Than Never

Enhancing the Accountability of International Institutions in Kosovo

I. Executive Summary
Key Recommendations
II. Background
A Critical Moment
Kosovo's Accountability Gap
III. Current Accountability Arrangements in Kosovo
Ombudsperson Institution
Human Rights Advisory Panel
Human Rights Oversight Committee
UNMIK Claims Commission
UNMIK Police Accountability Mechanisms
KFOR Accountability Mechanisms
OSCE Monitoring
Council of Europe Monitoring in Places of Detention
IV. Possible Future Accountability Arrangements
International Civilian Presence "Review Mechanism"
Constitutional Court Jurisdiction over International Institutions
Restored Ombudsperson
EU Police and Justice Mission
International Military Presence
Independent OSCE Monitoring
Council of Europe: Continued Monitoring of Detention
V. Detailed Recommendations
International Organizations with a role in Kosovo's Incoming Institutions
To the Council of the European Union
To NATO member states and other governments contributing to the International Military Presence
To the Council of Europe Committee for the Prevention of Torture
Incoming Institutions in Kosovo
To the International Civilian Representative
To the EU Police and Justice Mission to Kosovo
To the International Military Presence
To the Government of Kosovo
Continuing Institutions in Kosovo
To the OSCE Mission in Kosovo
To the European Commission's Liaison Office in Kosovo
To the Ombudsperson Institution
Outgoing Institutions in Kosovo
To the United Nations Mission in Kosovo (UNMIK)
To UNMIK Police
To KFOR Headquarters
Human Rights Watch Reports on Kosovo

Glossary

ESDP                           European Security and Defence Policy

ICR                               International Civilian Representative

IMP                              International Military Presence

KFOR                           NATO-led Kosovo Force

KPC                             Kosovo Protection Corps

KPI                               Kosovo Police Inspectorate

KPS                             Kosovo Police Service

OSCE                           Organization for Security and Co-operation in Europe

SRSG                           Special Representative of the United Nations Secretary-General

UNMIK                         United Nations Interim Administration Mission in Kosovo

Note on Place Names

For the sake of clarity and consistency, in this report Human Rights Watch provides both the Serbian and Albanian place name at first mention. Subsequent references use the Serbian version only, since this is the English-language practice (for example, Pristina rather than Prishtinë).