OSCE: Resignation of Kosovo Serb judges, prosecutors setback for justice system

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The Organization for Security and Co-operation in Europe (OSCE) Mission in Kosovo said Friday that the 2022 mass resignation of Kosovo Serb judges, prosecutors, and administrative staff was a major setback for the justice system in the Mitrovica region.

Due to the resulting sudden and significant staffing shortage, the Mitrovica Basic Court and the Basic Prosecution Office experienced a noticeable decline in court proceedings and caseload clearance rates from 75 percent to 59 percent in the court and from 75 percent to 57percent in the prosecution office, reads the OSCE Mission’s report.

The report analyzes publicly available statistical data from January 2022 to June 2023 concerning the capacity of the Mitrovica Basic Court and Basic Prosecution Office to administer justice in a timely and efficient manner before and after November 2022, when 20 judges, 10 prosecutors and 132 administrative staff resigned.

In addition, four Kosovo Serb judges of the Mitrovica North Court of Appeals Division resigned.

“These resignations were a major setback for the Mitrovica justice system, following the 2017 integration of Kosovo Serb judicial staff. This OSCE Mission report shows that this resulted in a reduced capacity of the court and prosecution to deliver justice, undermining the right to a trial within a reasonable time and impairing access to justice,” said Michael Davenport, Head of the OSCE Mission in Kosovo.

Both the Kosovo Judicial Council (KJC) and Kosovo Prosecutorial Council (KPC) have attempted to address the situation by reallocating cases and judicial staff, while also discussing how to improve the recruitment of new judges and prosecutors from non-majority communities, says the report.

It underscores the critical need for measures to address these issues and restore the efficient and fair functioning of the Mitrovica justice system, noting it is imperative to promote a multi-ethnic justice system.