Kosovo/Kosova As Seen, As Told
In conversations with lawyers, members of the OSCE-KVM were told how the right to a fair trial and to
prepare one's defence adequately was compromised by difficulties experienced by defence lawyers in
21
having confidential lawyer-client discussions in order to prepare the defence. Generally, the lawyers
reported on matters such as lawyer-client conversations having to take place in Serbian, and being
systematically monitored, and that facts related to the case could not be discussed during these
conversations. This situation often prompted requests for postponements of trials.
The attorneys declared during the hearing that some of the accused had not had the
assistance of a lawyer, others had a lawyer but could not contact him/her. The defence
lawyers had insufficient time and facilities to communicate with their clients and to
prepare a defence. The attorneys also complained that they had had no confidential
communication with the accused.
22
The defence lawyers stated that on several occasions the guards had interrupted them
when they met with their clients. When they were asking questions on ill-treatment or
whether the accused had been re-interrogated by the police, the guards had intervened and
23
said that, if they asked such questions, the meeting would end immediately.
An important element in ensuring a proper defence to an accused person rests in the right of the
24
defendant, or his or her counsel, to be shown the evidence assembled against him or her. In Kosovo,
several limits had been imposed on that right and, as the conflict intensified, it became increasingly
difficult for lawyers to obtain information related to their client's file. The restrictions on this right were
not only those based in law but also on the interpretations that particular Investigating Judges would
place on the law. As a result, lawyers requesting the communication of evidence to which they believed
they were entitled would be denied those requests by certain Investigative Judges, while others would
allow it. Furthermore, if the lawyer insisted, he himself could be subjected to threats, or worse. In a
notable example, in late July 1998 one of the lawyers in the "Urosevac group" trial requested
information to which he believed himself entitled on behalf of his client. Upon being refused, he had a
verbal confrontation with the Investigating Judge, in which he told her that she "should be wearing a
police uniform". Shortly afterwards the lawyer was charged and convicted of having "disturbed the
peace" and sentenced to 60 days' imprisonment. The lawyer suffered severe torture during his
detention.
25
Conduct of proceedings
Language interpretation
26
Procedural violations were common during the trials in Kosovo. Generally, and although this varied
according to particular courts, language interpretation for the accused would only be provided when the
defendants were directly asked specific questions from the judge. In the case of the "Urosevac group",
the OSCE-KVM noted that in the pre-trial period the accused did not receive the translation of any
http://www.osce.org/kosovo/documents/reports/hr/part1/ch10.htm (8 of 18)12/5/2003 11:52:22 AM
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents