According to the head of the mission, Gerard McGurk, the document summarizes seven years of continuous and systematic monitoring of war crimes court proceedings in Kosovo, and presents findings from 48 cases reviewed at the Special Department of the Basic Court in Pristina, KosovaPress reports.

OSCE chief on war crimes trials: Late disclosure or translation delays affect trust

“The period covered by the report is also significant, as it covers the transition of this more demanding form of trial from international hybrid mechanisms to local institutions. The transfer of cases from EULEX, as well as the introduction of in absentia proceedings, were some of the new developments. Seventeen cases have reached final judgment. Also, the consolidation of the role in war crimes trials is in itself progress. The final recommendations are intended to support ongoing efforts to strengthen the administration of justice in line with international standards. The report also notes that during the reporting period, the number of war crimes proceedings increased and that these cases posed practical challenges for judges, prosecutors and defense lawyers. The identified challenges include delays, concerns related to the quality and individualization of some indictments, evidentiary challenges, issues with evidence disclosure and translation, and proceedings held in absentia. Monitoring data showed that one in five hearings were postponed due to the failure of witnesses to appear. Nearly a quarter of the cases that reached trial were affected by changes in the judicial panel, and proceedings sometimes had to start over from the beginning. Late disclosure or delays in translation delayed half of these cases. These issues are not merely technical, but go to the heart of due process and affect trust,” he said.

Acting Chief Prosecutor Agron Qalaj said that the handling of war crimes cases remains among the most sensitive and difficult areas of criminal justice.

Qalaj: In recent years, the Special Prosecution has taken important steps in handling war crimes cases

“For the prosecutorial system, this requires not only institutional commitment, but also professionalism, independence, impartiality and full respect for the law. These cases require a careful and responsible prosecutorial approach. The role of the prosecution is to investigate and prosecute suspicions of serious criminal offenses, while at the same time ensuring that every case brought before the court is based on evidence, prepared accurately and presented in accordance with fair trial standards. In recent years, the Special Prosecution of the Republic of Kosovo has taken important steps in handling war crimes cases. Work in this area has intensified, capacities have gradually developed and institutional attention to this category of cases has increased. This is especially important given the complexity of the cases, the long time that has passed since the alleged events, as well as the evidentiary challenges that usually accompany these proceedings,” Qalaj said.

On the other hand, acting Deputy Justice Minister Genc Nimoni praised the OSCE’s many years of engagement and stressed that addressing war crimes has been one of the government’s priorities.

Nimoni: As a government, addressing war crimes has been one of our priorities

“As the Government of the Republic of Kosovo and as the Ministry of Justice, upon taking office in 2021, we set our priorities. Among these priorities was also addressing war crimes and transitional justice. So, we placed transitional justice among the strategic priorities of the Ministry of Justice, with the aim of ensuring the most comprehensive possible approach to dealing with the past, accountability, documenting crimes and realizing victims’ rights. In this regard, within our competencies and despite many challenges, we have already managed to achieve concrete results, which are naturally linked to the field of war crimes. Cooperation with international mechanisms, including the OSCE Mission in Kosovo, remains another important pillar of this process. This kind of monitoring helps strengthen institutional responsibility and accountability, increasing not only the quality of judicial practice, but also public trust in the justice system,” he said, KosovaPress reports.

Supreme Court President Fejzullah Rexhepi said that not enough has been done so far to bring the perpetrators of war crimes to justice.

According to Rexhepi, thousands of witnesses have died without ever being questioned, while in other cases thousands of testimonies were given but were not properly documented.

Judge Rexhepi: Not enough has been done to bring war crimes perpetrators to justice

“If we ask the question of where the problem lies and whether we have done enough to bring perpetrators to justice, in this case we can say that what was desirable has not been done. We have thousands of witnesses who died without their testimony being taken; we have thousands of others who had the chance to testify, but their testimonies were not properly documented; we have evidence that has been lost or damaged over time. We also have individuals who took an active part in establishing the facts of war crimes, for whom there has still been no final process. This has created a paralyzed situation, in which the state has not truly carried its mission through to the end. In this case, we cannot blame only the Special Prosecution, because since taking on the powers to prosecute war crimes offenses, its capacities have been limited. It has lacked proper support, especially human resources. With the number of prosecutors engaged in prosecuting war crimes and the supporting staff, it has been impossible to do more. Therefore, I think it is the duty of all institutions to show maximum commitment so that the prosecution of war crimes offenses receives full attention,” Rexhepi said, KosovaPress reports.

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