The OSCE Mission in Kosovo said on Wednesday that “structural and operational shortcomings” continue to undermine the efficiency, consistency, and perceived fairness of war crime proceedings in Kosovo courts and that delays and procedural uncertainty risk affecting the rights of the accused, the meaningful participation of victims, and public trust in the justice system.
The newly published report “Adjudication of War Crimes Cases in Kosovo” urges Kosovo’s courts to prioritize live witness testimony wherever feasible, and increase the use of alternative examination methods, such as video-link testimony, to ensure effective examination of witnesses. It also says initial hearings in in absentia proceedings – introduced in 2023 – should be held within the time limits prescribed by the Kosovo Criminal Procedure Code.
The OSCE said it has noted recurring delays linked to the non-appearance of witnesses, changes in trial panel composition, delayed disclosure and translation of evidence, and logistical constraints affecting the transport of the detained accused.
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