May 30, 2006

Not on the Agenda

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