almanac on security sector oversight in the Western Balkans

Court decisions for criminal cases were pending in one hundred six cases, and one
hundred cases were pending before the Senior Police Appointment and Discipline
Committee. Of the four hundred eight cases investigated by the PIK, twenty per cent
were allegations of serious discipline violations. Of the discipline violations, twenty
per cent were for serious cases of conduct unbecoming a police officer, thirteen per
cent involved allegations of inappropriate use of force, twelve per cent involved criminal
offences (and were referred to the prosecutor), nine per cent were for serious
insubordination, two per cent concerned complaints of corruption, and the remainder
were various violations categorised as serious (US State Department, 2010). In addition,
during 2009 and 2010 the most targeted group, which faced extensive use of
force by police during their demonstrations, were activists from the “Vetëvendosje” 67 .
According to these statistics, there are no specific cases when police have discriminated
based on ethnic, gender or others prejudgments. Overall, the number of cases
of serious offences committed by police officers is low. However among the largest
concerns remains the politicisation of police (EC Progress Report, Kosovo, 2011) which
might explain the approach of police officers towards “Vetëvendosje” activists, a political
movement belonging to the second largest opposition party in Kosovo.
3.2.3. Transparency of the security institutions
In recent years, Kosovo had sound experience in applying the Law on Access to Official
Documents (2003). This law helped develop customs for access to information but was
not expansive enough to account for the demands of a growing public administration
as well as increasing demands by civil society and the media to access public documents.
This led to the adoption of a new law in 2011 (KCSS, 2012).
Security actors lack the administrative capacities necessary to answer requests of interested
parties to access documents. The Kosovo Police (KP) is reported to be the
“champion” in providing information in a timely manner, compared to other security
institutions. This might not be an accurate representation of the newer security institutions,
however, since the police receive more requests for access to official documents
compared to the KSF or the KIA and, in particular, bear a larger public security
burden. However, limited transparency in the KIA and the KSF should be noted, based
on their frequent negative responses to the requests of civil society and journalists.
The reports of civil society organisations also have criticised the implementation of
the relevant rules by public administration, stating that “enquires and e-mails meet
a wall of silence” (YIHR 2010: 24). Nevertheless, based on the fact that there have
been no complaints filed with the Ombudsperson against security institutions regarding
access to information, it could be concluded the sector might be better, in
comparison to other public institutions. The core problems remain gaining access
to “sensitive” cases in the security sector and delays in consolidating the system for
67 Vetëvendosje, which in English means “Self-determination”, was initially a civil society movement.
During the 2010 general election it was transformed into a political party, becoming the third largest
parliamentary party in Kosovo.
118