Kosovo’s judiciary to treat organized crime and corruption cases more vigorously, OSCE Mission report says

PRISHTINË/PRIŠTINA, 5 June 2024 – The OSCE Mission launched the report “From Paper to Practice- Evaluating the Effectiveness of Judicial Response to serious Organized Crime and Corruption in the Western Balkans” - an analysis of the justice system in Kosovo, as part of a wider regional OSCE project carried out with EU financial support.

Based on the monitoring of 52 organized crime and corruption cases involving 670 hearings held between July 2021 and March 2024, the analysis aims to support Kosovo institutions in addressing the identified shortcomings and adjudicating such cases in line with international and human rights standards.

The report notes positive developments, such as the adoption of the 2021–2026 Strategy on Rule of Law, the approval of the 2022–2024 Strategic Plan for the Effective Solution of Cases of Corruption and Organized Crime, and the signing of a “Joint Statement of Commitment” by key stakeholders in March 2023.

It also notes key concerns, including high acquittal rates, case delays, and poor case management, mainly due to difficulties in the implementation of the Criminal Procedural Code, inconsistent judicial practices, delays in witness examination, and problems with language translation.

The analysis provides a list of practical recommendations to actors in the judiciary based on a review of their performance in four main areas: fairness, efficiency, capacity and judicial tools. Key recommendations include to strengthen transparency, allocate more human and material resources, and improve performance evaluation criteria for judges and prosecutors.

“Fighting organised crime and corruption effectively is essential to maintaining the rule of law. This report is based on solid evidence from monitoring trials over the last three years and offers important recommendations for strengthening the criminal justice response to these crimes,” said Head of the OSCE Mission in Kosovo, Ambassador Michael Davenport, at the event launching the report.

Minister of Justice, Albulena Haxhiu, also present at the event said that the main objective of the Government of Kosovo and the Ministry of Justice has been the uncompromising fight against corruption and organized crime through reforms in the justice system.

“The Ministry of Justice is marking concrete achievements in the fight against corruption and organized crime. In this regard, we have completed and approved the anti-corruption legal package, the Law on the State Bureau for the Verification and Confiscation of Assets, the Regulation on Signalling and we are on the right track for the operationalization of the anti-corruption task force and the joint investigation team for the investigation and prosecution of criminal offenses of organized crime and corruption with a composition of experts from other state institutions,” she added, thanking the OSCE Mission for the Report and emphasizing that the recommendations will be the focus of the Government and the Ministry of Justice.

“The judicial sector bears the responsibility to ensure accountability and prevent impunity in corruption and organized crime cases. I expect that the valuable recommendations from the OSCE’s trial monitoring report, along with those from EULEX’s comprehensive monitoring of selected cases throughout the criminal justice chain, will help the Kosovo authorities address identified shortcomings and enhance the handling of such cases,” said EU Ambassador in Kosovo, Tomáš Szunyog.

This regional project, implemented by the OSCE field operations in Tirana, Pristina, Sarajevo, Podgorica, Skopje and, as of July this year, also in Belgrade, will continue until December 2026, when a final report will be published.

The full report can be accessed here: https://www.osce.org/secretariat/570156

A Factsheet with the main findings and recommendations is available here: https://www.osce.org/mission-in-kosovo/570204