Joint Rule of Law Coordination Board. Wednesday, 22 January :00 16:00 hrs Main Government Building, Ground Floor, Room P-38 JOINT CONCLUSIONS

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1 Joint Rule of Law Coordination Board Wednesday, 22 January :00 16:00 hrs Main Government Building, Ground Floor, Room P-38 JOINT CONCLUSIONS Participants Chairpersons: Hajredin Kuçi (Deputy Prime Minister and Minister of Justice); Samuel Žbogar (Head of EU Office/EU Special Representative); Bernd Borchardt (Head of Mission, EULEX); Members and Associated Members: Bajram Rexhepi (Minister of Internal Affairs); Ismet Kabashi (Chief State Prosecutor); Fejzullah Hasani (Head of the Supreme Court); Gëzim Kasapolli (Deputy Minister for European Integration); Joelle Vachter (Deputy Head of Mission, EULEX); Thomas Muehlmann (Chief of Staff); Peter Bach (Head of Strengthening Division); Mats Mattsson (Head of Executive Division); Observers: Bryan Marcus (Acting Deputy Chief of the Political and Economic Section), Laura Salihu, (Rule of Law Advisor). Other participants: Shemsi Hajrizi(Acting Commissioner of Kosovo Correctional Service); Arsim Gerxhaliu (Director of the Department of Forensic Medicine); Taulant Kryeziu, (Senior Political Advisor to Minister for European Integration); Venera Kabashi (Legal Advisor to the Deputy Prime Minister and Minister of Justice); Dafina Buçaj (CDF Legal Advisor to the Deputy Prime Minister and Minister of Justice); Jehona Lushaku (CDF Legal Advisor to the Deputy Prime Minister and Minister of Justice); 1

2 Jaroslava Novotna (EULEX Chief Prosecutor); Jonathan Ratel (Head of SPRK); Marjana Papa (Special Assistant to the HoM);Ismije Beqiri (Acting Head of Political and Reporting Office);Vlora Marmullakaj (Senior Anti-Corruption Officer); Marko Hokkanen (Advisor in Economic Management); Alan Robinson(Co-head of the Department of Forensic Medicine); Otto Rohde (Head of Planning, Coordination and Compliance Office); Alessandro Tedesco (Programme Manager); Tihana Leko (Programme Evaluation Officer). Christof Stock (Head of Operations, EU Office); Andrew Powell (Legal Advisor/Political, Economic and European Integration Section); Karin Marmsoler (Policy Adviser); and Yvonne Gogoll (Team Leader/Operations Section);Behlul Zeka (Legal Officer/Political, Economic and European Integration Section). 1. Compact Progress Report: Next releases The JRCB agreed on the drafting and publication of a second Compact Progress Report. The JRCB asked the JRCB Secretariat to coordinate the work and tasked the relevant experts to provide the necessary input for such a report for endorsement and publication at its next JRCB meeting. 2. KPA/KPCC Legal Amendments: Suggestions The JRCB took note of suggestions on KPA/KPCC legal amendments submitted by EULEX. The EULEX HoM, Borchardt declared that not all of the EULEX suggestions were incorporated in the final draft. The JRCB agreed to form a working group to meet within a week to work on the harmonization of the final draft law and aligned it with EULEX suggestions and in accordance with laws in force. The GoK, EUO and EULEX were requested to nominate members of the working group within three working days. 3. Anti-Corruption benchmarks state of play EULEX HoM, Borchardt presented the matrix of anti-corruption benchmarks which was drafted based on the input received from the Kosovo institutions. The JRCB noted the need for the matrix to have more concrete data. The JRCB endorsed this matrix and agreed to establish a working group that shall be composed of three members from the Kosovo institutions and three EULEX members. The working group needs to be composed within 7 days from the JRCB meeting. It will be responsible to update the matrix and present it 10 working days before the next JRCB meeting. 4. Roadmap on War Crimes The JRCB discussed and endorsed the jointly drafted Roadmap on War Crimes. The GoK committed to dedicate the necessary resources for the implementation of the Roadmap. The 2

3 JRCB decided to establish a working group with experts from the Kosovo institutions and EULEX, who will be responsible to review the progress in the roadmap implementation and provide a written update 10 working days prior to the next JRCB meeting. The GoK and EULEX must nominate the members of the working group within 7 days from the conclusion of the JRCB meeting. The working group will be chaired by a member of the Kosovo institutions. 5. Witness Protection Roadmap state of play A report from the Head of the Kosovo Police, Maxhuni was provided at the JRCB meeting. Both, the EULEX HoM, Borchardt and the Head of the EU Office/EUSR, Zbogar recognized the progress that has been made in the implementation of the Roadmap and said that the local ownership is growing with each day. JRCB principals took note of the GoK s renewed commitment to stick to its pledges and procure, among other things, the vehicles needed for the work of the witness protection unit. The JRCB underlined the need to push forward with the implementation of the roadmap in this very sensitive and important area for the rule of law. It invited the KP, the EUO and EULEX to liaise closely to agree on the next steps to be taken with a view of fulfilling the roadmap fully. The JRCB asked for a written update report to be presented again, at the next JRCB meeting. 6. Roadmap for prisoners escort in Northern Mitrovica state of play and related budget issues concerning the High Security Prison The JRCB took note of the progress made on the implementation of the Roadmap as well as a report concerning the budgetary issues for the High Security Prison. It also noted with concern delays in the roadmap implementation. The GoK briefed on the participants of the meeting on their plans to overcome the current challenges and committed to dedicate all the necessary resources in order to make the HSP fully operational, including the hiring of the staff which is in the process. In particular, the GoK will confirm that the first prisoners escorts will be conducted by the Kosovo Correctional Service and when all escorts will be taken over. The JRCB looked forward to receive an agreed new timetable and quantitative benchmarks in line with the roadmap within two weeks. The JRCB required a written update on these matters 10 working days prior to the next JRCB meeting. The JRCB discussed the budgetary situation of the High Security Prison. It took note of the GoK s commitment to resource the HSP sufficiently and timely and looked forward to an update to be provided by the GoK in the next meeting. 7. Kosovo Property Agency Appeals Panel Roadmap: state of play The KJC presented an update on the implementation of the Roadmap. The EULEX HoM, Borchardt emphasized the need to recruit the additional local judge and the agreed support staff in order to establish the second KPA Appeals Panel. The KJC reported that they are in the process of recruiting the additional judge and that this process is likely to be finished within two to three months. The JRCB tasked the JRCB Secretariat to follow up with the KJC on the 3

4 timelines foreseen for the vacancy notices and state of play of the selection process, and report back to the JRCB principals on a regular basis. The JRCB expressed its hope that the roadmap would be fully implemented, even if delayed, before its next meeting. The JRCB noted with concern serious delays in the roadmap s implementation, which will have an impact on the timelines foreseen to end the work of the KPA, and required from the KJC, in coordination with the President of the Assembly of EULEX Judges, a written report on the implementation of the Roadmap 10 days prior to the next JRCB meeting. 8. Roadmap for the Department of Forensic Medicine: state of play The Head of the DFM presented a report on the implementation of the Roadmap and presented the challenges in fulfilling recruiting the additional staff needed at this Department. The JRCB noted with concern that the implementation of the roadmap had hardly started and asked the two Co-Heads to redouble their joint efforts to bring the roadmap s implementation back on track. The GoK committed to send the needs assessment and the draft law for the establishment of the Agency on Forensic Medicine to all the stakeholders for comment by mid-february. It also asked DFM to submit, through the JRCB Secretariat, within one week a plan for securing the needed human resources. The JRCB required another written report on the implementation of the Roadmap 10 days prior to the next JRCB meeting, underlining that the fulfilment of the roadmap is an important factor that will allow for EULEX s disengagement from this important rule of law area. 9. Roadmap for the Supreme Court Special Chamber: state of play The Head of the Supreme Court, Fejzullahu, presented a state of play report on the matter. The JRCB took note on the progress made in implementing the Roadmap, discussed the next steps and noted with concern that the two additional judges have not been recruited yet in line with the roadmap. It asked the KJC to redouble efforts to fulfil the human resources requirements of the roadmap and noted the KJC s announcement that the two additional judges would be appointed before the end of March. The JRCB tasked the JRCB Secretariat to follow up with the KJC on the appointments and report back to the JRCB principals on a regular basis. The JRCB required the Kosovo Judicial Council, in coordination with the President of the Assembly of EULEX Judges, to provide another written report on the implementation of the Roadmap 10 days prior to the next JRCB meeting. 10. Compact Implementation: review of progress The JRCB examined the challenges that emerged since the September JRCB meeting in a state of play report presented by the EULEX Head of Strengthening, Bach. Following up discussions in the Structured Rule of Law Dialogue on 16 January, the JRCB discussed the issue of political interference in the area of rule of law. In particular, allegation of political interference in the Kosovo Correctional Services and political interference in the judiciary were discussed. 4

5 The JRCB underlined the need to fight political interference in the rule of law and welcomed of a non-paper presented by EULEX. It tasked the JRCB Secretariat, supported by experts, to develop it further with the aim of endorsing a set of measures in the next JRCB meeting. 11. Compact Tracking Mechanism: state of play The EULEX HoM presented a state of play report on the Compact Tracking Mechanism. The three principals heading the JRCB meeting agreed to draft the new indicators and to continue the work in this regard. The new indicators, as well as related updates, shall be approved at the next JRCB meeting. The JRCB meeting also agreed that the last update of the CTM from September will be published on the EULEX website as previously agreed. Any additional comments to this document would need to reach EULEX within three days. Under this topic, the EULEX HoM raised some of the issues discussed at the Rule of Law Structured Dialogue in Brussels, January Review of the EUO proposal on inter-ethnic property issues Pursuant to a request raised by the EUSR at the September 2013 JRCB meeting, the MiE has organized separate meetings with selected institutions/agencies and intends to organize a joint meeting with all the relevant stakeholders in order to discuss the OSCE summary on this issue. A report will be drafted on the matter and the same will be shared with the JRCB at the next meeting. The EULEX HoM, Borchardt and the Head of the EUO/EUSR, Zbogar gave their support to the Kosovo institutions and recognized their willingness to have ownership on this matter. The JRCB agreed to set up a panel chaired by the KPA Director which will report regularly to the JRCB on inter-ethnic property issues. The JRCB invited the KPA Director to submit a first such report ahead of its next meeting. 13. Transition backed by IPA II (2014 to 2020): state of play The Head of Operation at the EUO, Stock, presented a state of play report on the IPA II programming. 5