UNMIK REGULATION NO. 2006/25 ON A REGULATORY FRAMEWORK FOR THE JUSTICE SYSTEM IN KOSOVO. The Special Representative of the Secretary-General,

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1 UNITED NATIONS United Nations Interim Administration Mission in Kosovo UNMIK NATIONS UNIES Mission d Administration Intérimaire des Nations Unies au Kosovo UNMIK/REG/2006/25 27 April 2006 REGULATION NO. 2006/25 ON A REGULATORY FRAMEWORK FOR THE JUSTICE SYSTEM IN KOSOVO The Special Representative of the Secretary-General, Pursuant to the authority given to him under United Nations Security Council resolution 1244 (1999) of June 1999, Taking into account United Nations Interim Administration Mission in Kosovo (UNMIK) Regulation No. 1999/1 of 25 July 1999, as amended, on the Authority of the Interim Administration in Kosovo, Recognizing the full authority of the Special Representative of the Secretary- General to ensure that the rights and interests of Communities are fully protected pursuant to section 8.1 (a) of the Constitutional Framework for Provisional Self- Government in Kosovo (UNMIK Regulation No. 2001/9 of 15 May 2001), Recognising that an integrated, impartial and independent justice system is essential to the rule of law and the process of reconciliation, For the purpose of ensuring an integrated, independent, professional and impartial justice system responsible for the protection and application of the rule of law in Kosovo, ensuring the access of all persons in Kosovo to justice and guaranteeing that the Kosovo Justice System is inclusive and fully reflects the multi-ethnic nature of Kosovo, Hereby promulgates the following as a regulatory framework for the justice system in Kosovo to be reflected in subsequent legislation:

2 2 Section 1 Final Authority of the Special Representative of the Secretary-General over the Ministry of Justice and Kosovo Judicial Council The Ministry of Justice and the Kosovo Judicial Council (the Council) shall exercise the responsibilities and competencies entrusted to them under the applicable law without prejudice to the final authority vested in the Special Representative of the Secretary-General pursuant to United Nations Security Council resolution 1244 (1999) and the Constitutional Framework. Section 2 Recruitment, Selection, Appointment, Promotion and Transfer of Judges and Prosecutors 2.1 In exercising their respective functions in relation to the recruitment, selection, appointment, promotion and transfer of judges and prosecutors, the Council and the Assembly of Kosovo shall ensure that the Kosovo judiciary and prosecution services reflect the multi-ethnic character of Kosovo and the need for equitable representation of all communities in Kosovo, having due regard for internationally recognized principles of gender equality, as reflected in the human rights instruments referred to in section 3.2 of the Constitutional Framework. 2.2 In performing their responsibilities in relation to the appointment of Members of the Council, the Assembly and the Council shall have full regard for the need for equitable representation of Kosovo Communities on the Council and internationally recognized principles of gender equality, as reflected in the human rights instruments referred to in section 3.2 of the Constitutional Framework. 2.3 In order to fulfil the responsibilities set forth in section 2.1 above, the Council shall take such measures as are necessary with a view to increasing the number of judges and prosecutors from Kosovo Communities which are currently under-represented among judges and prosecutors serving in Kosovo or in any part thereof (under-represented Communities), including: (a) Inviting applications for service as judges or prosecutors from specified under-represented Communities; (b) Giving preference, among equally qualified applicants for service as judges or prosecutors, to members of under-represented Communities; (c) Making recommendations on the basis that a specified number of posts for judges and prosecutors are reserved for members of under-represented Communities;

3 3 (d) Recommending the appointment of a member of an underrepresented Community, with a request for a waiver of the requirements of section 6.1(f) and/or section 6.1(g) of UNMIK Regulation No. 2005/52 of 20 December 2005 on the Establishment of the Kosovo Judicial Council, provided that such person is deemed otherwise able to fulfil the duties and responsibilities of the post and on condition that the exempted requirement(s) are fulfilled at the earliest opportunity, and in any event no later than one year from the date of the appointment, failing which such appointment shall terminate; and (e) In coordination with UNMIK and the Kosovo Government, facilitating the return of eligible members of under-represented Communities who wish to serve as judges or prosecutors in Kosovo. 2.4 Without prejudice to the generality of section 2.3 above, the Council shall take immediate measures as specified therein for so long as the percentage of judges and prosecutors who are members of non-kosovo-albanian Communities is below 15%, and/or the percentage of judges and prosecutors who are members of the Kosovo-Serb Community is below 8%. 2.5 The Council shall establish a body whose primary responsibility shall be to advise the Council on all matters connected with the recruitment of candidates from under-represented Communities, including taking the measures specified in section 2.3 above. The majority of the members of such body shall be judges and/or prosecutors who are members of under-represented Communities, who may be, but need not be, members of the Council. 2.6 The Special Representative of the Secretary-General may waive the requirements of section 6.1(f) and/or section 6.1(g) of UNMIK Regulation No. 2005/52 and appoint a member of an under-represented Community to serve as a judge or prosecutor in Kosovo who does not meet such requirement(s), provided that such person satisfies all the other minimum criteria required for appointment and on condition that the exempted requirement(s) are fulfilled at the earliest opportunity, and in any event no later than one year from the date of the appointment, failing which such appointment shall terminate. 2.7 The Special Representative of the Secretary-General may take such measures as are necessary to increase the number of judges and prosecutors who are members of under-represented Communities for so long as the percentage of judges and prosecutors who are members of non-kosovo-albanian Communities is below 15%, and/or the percentage of judges and prosecutors who are members of the Kosovo-Serb Community is below 8%. Such measures may include:

4 4 (a) Any measure set forth in section 2.3 above, even if the Council has not taken or recommended such measure; and (b) The appointment of a member of an under-represented Community who is determined to be suitable for appointment as a judge or prosecutor, notwithstanding the failure of the Council to recommend such person for appointment. 2.8 Section 6.1(h) of UNMIK Regulation No. 2005/52 On the Establishment of the Kosovo Judicial Council shall not apply to applicants for service as judges of any Minor Offences Court. Section 3 Court Liaison Offices 3.1 After consultation with the Ministry of Justice, the Special Representative of the Secretary-General shall establish Court Liaison Offices to assist members of vulnerable Communities in accessing courts, prosecutors offices, lawyer s offices, the Ministry of Justice, the Council and Legal Aid Offices, and in filing and collecting documents, and in filing/reporting complaints of discrimination by courts or prosecutors offices. 3.2 In establishing Court Liaison Offices priority shall be given to localities in which the need for the assistance set forth in section 3.1 is greatest, due to geographic isolation, lack of security or other relevant factors. 3.3 Any proposal to close a Court Liaison Office must be approved by the Special Representative of the Secretary-General who must be notified at least two months before implementation of the proposed closure, together with reasons therefor. 3.4 Court Liaison Offices shall be responsible for monitoring the compliance of courts and prosecutors offices with section 5, and shall report any violations of the applicable law to the Director of the Department of Justice, the Minister of Justice and/or the Kosovo Judicial Council, as appropriate, for action. 3.5 Court Liaison Offices shall provide basic legal information to residents of the areas they serve and provide access to the Legal Aid system. They shall also assist the Ministry of Justice and the Council in ensuring that recruitment efforts for posts in the justice system target under-represented Communities.

5 5 Section 4 Establishment of Municipal Courts, Municipal Minor Offences Courts and Departments of Municipal Courts 4.1 After consultation with the Council, the Special Representative of the Secretary-General may establish a Municipal Court or a Municipal Minor Offences Court in a municipality in which such a court is not currently established and a Department of a Municipal Court in a municipality or a locality within a Municipality in which such Department is not currently established. 4.2 In making recommendations in relation to the establishment of courts, the Council shall have regard to the need to improve access to justice for local communities by reason of geographical isolation, lack of security or other relevant factors. The Minister of Justice and the Municipal Assembly shall be duly consulted. 4.3 The Special Representative of the Secretary-General, having consulted with the Council, the Minister of Justice and the President of the Municipal Court in question, may provide for sessions of a Municipal Court to be held in such places within the territorial jurisdiction of that Municipal Court as he shall determine, having regard to the level of need on account of geographic isolation, lack of security or other relevant factors. Section 5 Use of languages and alphabets in the justice system The official languages of the Kosovo courts are Albanian, Serbian and English and, in addition, Turkish in areas in which the Turkish community is located. Members of all communities shall have the right to use their language and alphabet freely in all contact with judicial and non-judicial personnel. This includes the right to use their own language in submitting and receiving documents, during hearings, and anywhere in courts or prosecutors offices. All signs, notices, and court bulletins must be in the official languages. The cost of translation shall be borne by the courts and prosecutors offices. Section 6 Appeals against allegedly discriminatory judicial decisions An appeal against a decision issued by a court in Kosovo alleged to be the result of discrimination on the basis of Community membership, may upon petition to the Special Representative of the Secretary-General be assigned to a panel of judges which shall comprise one or more international judges. If the Special

6 6 Representative of the Secretary-General determines that there are reasonable grounds for believing that the decision may be the result of discrimination on the basis of Community membership and that the assignment of judges sought in the petition is in the interests of justice, he shall approve the petition. Section 7 Judicial Reform An Independent Judicial and Prosecutorial Commission (the Commission) shall be established by a separate Administrative Direction to administer a judicial and prosecutorial reappointment process for each judicial and prosecutorial post in Kosovo. Both serving judges and prosecutors, as well as applicants who do not currently hold judicial or prosecutorial office, shall be eligible to apply for appointment. The Commission shall conduct a comprehensive review of the suitability to hold judicial or prosecutorial office of all applicants. Section 8 The establishment of the entity responsible for advising on matters relating to the appointment, disciplining and dismissal of prosecutors The present Regulation shall apply, mutatis mutandis, to the entity provided for in UNMIK Regulation No. 2005/52 of 20 December 2005 on the Establishment of the Kosovo Judicial Council which is responsible for advising the Special Representative of the Secretary-General on matters relating to the appointment, disciplining and dismissal of prosecutors upon its establishment. Section 9 Applicable Law The present Regulation shall be reflected in subsequent legislation. Section 10 Implementation The Special Representative of the Secretary-General may issue Administrative Directions for the implementation of the present Regulation.

7 7 Section 11 Entry into Force The present Regulation shall enter into force on 27 April Søren Jessen-Petersen Special Representative of the Secretary-General