almanac on security sector oversight in the Western Balkans

Both the OAG and the ACA submit their Annual Reports to parliament with reasonable
regularity. However, there are cases when the parliament delayed the discussions
of these reports. This was due to attempts from actors operating at the governmental
or political level to pressure these institutions to ‘embellish’ findings highlighted by
reports according to their individual or party interests (KCSS, 2010). These reports provided
data highlighting the inefficiency, mismanagement and misuse of public funds
by security institutions and also provided recommendations for how these institutions
could spend public funds more efficiently. However, these reports noted that in most
cases the security institutions respond to their recommendations.
122
4.3. Judicial control
The Kosovo justice system is the most fragile sector in the country. It constantly faces
criticism regarding its inefficiency, high level of corruption and lack of professionalism.
It is now undergoing general reforms which need to be concluded by 2013 (KCSS,
2010). According to the constitution, in principle, Kosovo has a unified independent
judicial system. The current organisation of the judiciary includes the Supreme Court,
the district courts and the municipal courts (which are the regular courts), and the
minor offence courts and district commercial court (which are the specialised courts).
The role of the judiciary in the oversight of the security sector is especially important
concerning the use of force by law enforcement officials, treatment in custody and
detention, and the use of special investigative measures. In principle the only local
security institution which is entitled to use force is the Kosovo Police. Guards working
in the Kosovo Correctional Services, however, have limited competencies to use force.
In 2010, the Kosovo courts had only eleven registered cases against police officers
and no cases filed against customs officers or correctional service personnel. Despite
this record, the European Commission’s 2010 “Kosovo Progress Report” states, in a
paragraph about the civil and political rights, that the Kosovo government needs to
do more to prevent torture, allegations of ill-treatment and excessive use of force by
police and prison personnel (EC Progress Report, Kosovo, 2010).
Treatment in custody and detention is another important aspect of judicial control.
The Kosovo Police force is the main actor entitled to arrest and keep individuals in
custody. According to legislation arrested persons have the right to receive a medical
examination and medical treatment, including psychiatric treatment (Criminal Procedure
Code, 2004). Reports highlight that the facilities and treatment in detention
centres are progressively reaching minimum standards, however the problems in the
judiciary are affecting the rights of detainees. There are notable concerns that rulings
on detention (on both initial and extended detention) are poorly reasoned, despite
the fact that both international law and the Kosovo legal framework clearly require
full reasoning. Delays in sending reports from the Kosovo police to the prosecutors
presents a huge obstacle for them and their ability to draft adequately reasoned
requests for detention (OSCE, 2009). When it comes to administrative capacities, although
there is notable progress, lack of sufficient office space for the staff of the
judiciary remains a concern.