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The Continuing Failure to Address Accountability in Kosovo Post-March 2004
Executive
Summary
Key
Recommendations
To the Institutions of the United Nations Mission in
Kosovo (UNMIK), including the OSCE Mission in Kosovo
To the Provisional Institutions of Self-Government (PISG)
and National Criminal Justice System Actors in Kosovo
To the Contact Group and the European Union (E.U.)
Background
The Promise of Accountability for the March 2004 Violence
in Kosovo
The Structure of the Criminal Justice System in Kosovo
Police
Prosecutorial
Service
Courts
Political Oversight of the Criminal Justice System...
UNMIK
Police and Justice
The
Establishment of New PISG Ministries of Justice and Internal Affairs
Accountability
in Kosovo Prior to March 2004
Domestic Prosecution of War Crimes in Kosovo
Accountability for Violence against Minorities
The
Criminal Justice Response to March 2004
Measuring Progress on Prosecutions
Prosecutions
with International Involvement
Local
Prosecutions
Impact of the April 2004 Restructuring of the Criminal
Justice System...
Investigative
Prosecutors
Judicial
Police
The Role of the United Nations Civilian Police Force
Failed
Special Policing Operation
Delinkage
of Operation from the Criminal Justice System...
Witness
Protection Concerns
Passive
Policing and Lack of Follow Up
The Role of the Kosovo Police Service
Poor
Coordination with U.N. Police
Inadequate
Response to Allegations of KPS Misconduct during the Riots
The Role of Prosecutors
National
Prosecutors
International
Prosecutors
The Role of the Courts
Poor
Case Management
Lenient
Sentencing
The Role of UNMIK..
Lack
of Transparency in the Justice System...
Lack of Outreach and Public Information on Accountability
Efforts
Lack of Transparency in the Operation of the Criminal
Justice System...
Impact
on the Return of Displaced Persons
Conclusion
Recommendations
To the United Nations Mission in Kosovo (UNMIK)
Office
of the SRSG...
UNMIK
Department of Justice
OSCE
Mission in Kosovo
To the Kosovo Police Service (KPS), UNMIK Police, and the
PISG Ministry of Internal Affairs
To the PISG Ministry of Justice
To the Office of the Prosecutor
To the Kosovo Judicial Council
To the Provisional Institutions of Self-Government
To the Contact Group and the European Union
To the International Community at Large
Acknowledgements