Courts in Kosovo should ensure consistency and fairness in sentencing of illegal weapons possession cases, OSCE report recommends

PRISHTINË / PRIŠTINA, 16 April 2024 - The OSCE Mission today published its latest focused report on sentencing practices in cases involving illegal possession of weapons.

The report analyses data collected from December 2020 to August 2023, and assesses court sentencing practices for compliance with fair trial and international human rights standards, with a focus on just and consistent sentencing.

The analysis points to two main shortcomings related to sentencing practices illegal possession of weapons cases: inadequate assessment of aggravating and mitigating circumstances; and inconsistency in sentencing outcomes.

In approximately 25 per cent of the cases monitored, courts improperly considered as aggravating factors general and non-individual circumstances. These included unauthorized possession of weapons being a “recent type of offense” or “more frequent in Kosovo”.

Further, the Kosovo legal framework does not adequately distinguish the type of weapon and degree of harm posed, leading to clear discrepancies in sentencing throughout Kosovo courts. Consequently, 31 out of 33 cases resulted in a fine of similar amounts (400 EUR as the most common) for cases involving different weapons, ranging from pepper spray to semi-automatic firearms, that posed vastly different dangers and seriousness.

“In sentencing, judges have a duty to uphold sentencing consistency and fairness, ensure that the punishment reflects the circumstances of a given case. This is key to a fair and impartial justice system,” said Michael Davenport, Head of the OSCE Mission in Kosovo.

The report concludes with recommendations directed toward key counterparts in the Kosovo judicial system, including tailored training for judges and prosecutors and amendments to the legislative framework and guidelines.

The full report is available here: https://www.osce.org/mission-in-kosovo/566683