Courts in Kosovo to apply detention on remand only as last resort, OSCE Mission report recommends

PRISHTINË/PRIŠTINA, 25 October 2023 

Excessive use of detention on remand is a global issue that poses rule of law and human rights concerns, and Kosovo faces similar challenges.

Efforts should be made to improve the quality of reasoning in prosecution requests, defence submissions and judicial decisions before ordering this measure, says latest report published today by the OSCE Mission in Kosovo.

The report analyses 70 “detention on remand” hearings monitored by the Mission throughout Kosovo in 2022 as well as nine appellate decisions in 2023 for compliance with fair trial and international human rights standards.

It notes positive practices in the justice system when compared with the findings in previous OSCE reports, such as meeting procedural deadlines and ensuring all defendants are represented by an attorney at detention on remand hearings. However, the report also notes concerns including a lack of use of alternatives to detention (such as bail), insufficient reasoning in detention decisions, and failure to individualize decisions in multi-defendant cases.

“Decisions on detention on remand are challenging. Judges and prosecutors have a duty to uphold the rule of law and also to protect the public. They must make difficult decisions – assessing risk, respecting  the rights of the defendant and taking into account considerations of public safety, while ensuring that those who commit crimes are held to account,” said Ambassador Michael Davenport, Head of the OSCE Mission in Kosovo.

Albert Zogaj, Chairman of the Kosovo Judicial Council, pledged to address the report findings by working together with the Supreme Court and the Justice Academy to harmonise and improve judicial practice regarding detention on remand, and support needed training of justice officials.

The report concludes with specific recommendations targeted to key justice counterparts, especially related to training and expansion of available alternatives to detention at the pretrial stage. 

The Mission will follow up release of the report with roundtable discussions with justice counterparts throughout Kosovo to discuss the findings and recommendations.

The full report can be accessed here: https://www.osce.org/mission-in-kosovo/556428