Reflections on findings of the OSCE's Western Balkans Trial Monitoring project and its upcoming regional report

Strengthening the rule of law and judicial independence, particularly in handling serious and complex organized crime and corruption cases, is paramount for establishing an effective and accountable judiciary.

It is within this context that the OSCE's pioneering "Western Balkans Trial Monitoring Project" takes on special significance, as we look to publish the status report on the project’s key findings and policy reform recommendations at the beginning of June. I take this milestone, the halfway point of the project that has been running since 2021, as an opportunity to reflect on some of its findings and its suggested pathway forward.

With the financial support from the European Commission, our team collected data from more than 260 cases across the region, culminating in unique insights into the factors that contribute to barriers within the judicial system, as well as recommendations for reform.  

The aim is to provide judiciaries across the region, with a well-founded framework for addressing systemic issues in the handling of high-profile organized crime and corruption cases to ultimately support a stronger criminal justice system. 

As we are preparing for the public release of the report, we view the opportunity we had to present the project to the EU Council’s Working Party on the Western Balkans Region (COWEB) in May as a strong expression of broad support towards advancing the judiciary reform in the region.

First of its kind evidence-based analysis

Building on the OSCE's extensive expertise in trial monitoring in the Western Balkans over the past three decades, this project represents a landmark achievement in the ongoing pursuit of justice, efficiency and accountability. At the core of our project lies a rigorous trial monitoring methodology developed by ODIHR, the OSCE Office for Democratic Institutions and Human Rights.

Our analysis has revealed systemic trends and challenges that impede the effective, efficient adjudication of serious organized crime and corruption cases.  

A few shared concerns among judiciaries persist with regard to independence and impartiality of judicial officeholders and institutions. Inconsistent practices regarding transparency and access to information in cases of public interest are another widespread challenge. We’ve also seen that proceedings are frequently inefficient. Moreover, plea agreements are often not used strategically and rarely secure the forfeiture of illegal gains. 

Though many of these challenges to an effective judiciary are widespread throughout the region, the severity of these issues varies according to each jurisdiction.

Initiating the reform and a public inquiry

While I recognize that the road ahead may be arduous, our upcoming report offers a clear pathway forward, with evidence-based recommendations tailored to address the specific needs and contexts of each jurisdiction. These recommendations, already endorsed by Ministers of Justice at the 2023 EU-Western Balkans Ministerial Forum on Justice and Home Affairs, promote local ownership, lasting impact, and a track record that enhances public confidence in the justice system.

As soon as the initial analysis was ready, my team shared it with the judiciaries directly. This approach, of working in partnership with local stakeholders to jointly develop recommendations and proposals that are tailored to the unique challenges and needs of each jurisdiction, reflects a key strength of how the OSCE works.

To me, the value of the upcoming report lies in its ability to initiate a broader inquiry and research into the matters of justice. By embracing the recommendations outlined in this document, we commit ourselves to pursue a future where justice becomes truly independent, where public trust in the judiciary is not just restored but reinforced, and where societies become more resilient in the face of organized crime and corruption.

As the OSCE prepares to hold an event dedicated to this project milestone in September 2024, which will offer an opportunity for meaningful exchange with key experts within the justice system, I would like to invite all partners, stakeholders, and the public to engage with the findings of this report upon its launch. Together, let us turn this milestone into a steppingstone.

You can find more information on the Western Balkans Trial Monitoring project, including the published report on 5 June 2024, here