Kosovo/Kosova As Seen, As Told Judicial review and obstacles to appeal The possibility of obtaining judicial review is an important factor in the overall fairness of the judicial process. In Kosovo, during the period covered by the report, that possibility was almost non-existent, as 42 written verdicts, the starting point in the appeal process, were not handed down. After discussing the situation with judges in the District Courts, the OSCE-KVM summarized the situation in this manner: Alarmingly, most judges have not issued official verdicts since October 1998. Thus, a formally correct appeal to the Supreme Court in Belgrade has not been possible … Judges admit that delays occur, but deny responsibility as they blame it on "the situation", the extraordinary workload, and the slow translation, as all documents have to be translated into the native language of the defendant. Insiders suspect that a certain reluctance to deal with the case might be connected with the lack of evidence, as judges are to give detailed 43 and comprehensive reasons for the court's decision. Notes 1 UNHCHR trial monitoring report, Amnesty International "Human Rights Crisis in Kosovo Province", June 1998. 2 A general amnesty for political crimes was also contained in the draft text of the "Interim Agreement for Peace and Self Government in Kosovo" (the Rambouillet Agreement), which however, was never agreed by the government of Serbia: "Each Party (a) shall not prosecute anyone for crimes related to the conflict in Kosovo, except for persons accused of having committed serious violations of international humanitarian law… (b) shall grant a general amnesty for all persons already convicted of committing politically motivated crimes related to the conflict in Kosovo. This amnesty shall not apply to those properly convicted of committing serious violations of international humanitarian law at a fair and open trial conducted pursuant to international standards." Article II (Confidence-building measures), al. 12 (Detention of Combatants and Justice Issues). 3 Information from UNHCHR. 4 Information given to the OSCE since its re-entry into Kosovo in June 1999 indicates that courts in Kosovo continued to hear cases during the period after 24 March. 5 District Court Pristina, K 138/98; between 11 January and 5 February, 28 persons charged, nine defendants present, 17 tried in absentia, two more defendants died in custody ("Urosevac group" trial). http://www.osce.org/kosovo/documents/reports/hr/part1/ch10.htm (14 of 18)12/5/2003 11:52:22 AM