Report on the Work of the IJPC

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In November 2009, Judge Jan Erik Oja, from Sweden, and retired Judge Dennis Luebke, fromthe United States, replaced two of the original commission members. Each of them had priorexperience in Kosovo.Phase II interviews began as scheduled on November 2 nd and continued through November 26 th .The remaining Phase II interviews were delayed until January due to the replacement of twomore of the original international Commissioners. Anette Milk, a senior prosecutor fromGermany, and Horst Proetel, a retired German Judge, both of whom had extensive priorexperience in Kosovo, joined the Commission.Interviews for Phase II positions resumed on January 11 and continued through February 25. Bythat date, interviews were completed for District Court and District prosecutor positions in bothPristina and Mitrovica, and for the Commercial Court and the High Court for Minor Offences.Interviews for Phase II positions in Gjilan, Peja and Prizren resumed on March 8, and continuedthrough April 27.C. New national CommissionersAD 2008/2 provides for a gradual increase in the number of Commissioners from fiveCommissioners in Phase I, to eight Commissioners in Phase II, and ten Commissioners in PhaseIII.The additional Commissioners were required to be judges or prosecutors selected from amongthose appointed in the immediately preceding phase of the appointment process.On March 8, 2010, the President of Kosovo appointed three new members to the Commission:Enver Peci and Valdete Daka, newly appointed Judges on the Supreme Court, and Sevdije GashiMorina, newly appointed Deputy Chief Special Prosecutor. The three new nationalCommissioners were promptly integrated into the work of the Commission.D. Phase II recommendations and appointmentsPlenary sessions of the Commission were held in early April. On April 14, IJPC transmitted toKJC the names of 48 candidates who were recommended for appointment to District Court andDistrict prosecutor positions in Pristina and Mitrovica, and for positions on the CommercialCourt and High Court for Minor Offences. KJC forwarded most of those names to the Office ofthe President on April 28 th . The 14 candidates recommended by IJPC for District level positionsin Mitrovica were appointed by the President at a ceremony held on May 14, 2010.By that date, in part because some candidates were alternatively being recommended for posts ondifferent courts or in different locations, and also because the Commission had by thencompleted interviews for all District level positions, the President deferred action on theremaining Phase II appointments until recommendations for all of the remaining Phase IIpositions had been transmitted to his office.12Funded by the European Union and the Government of USA.
Additional plenary sessions of the Commission were held on May 11 and June 2, resulting in thetransmittal to KJC of recommendations for District level positions in Gjilan, Peja and Prizren,along with a list of additional candidates for District Court in Pristina. KJC forwarded to thePresident the names of most of the candidates recommended by IJPC, and a total of 75 newjudicial and prosecutorial appointees took the oath of office in a ceremony held at the President’soffice on June 28.E. Other Developments and Activities during Phase II1. Special Chamber of the Supreme Court and Kosovo Property Agency Appeal PanelOn November 30, 2009, IJPC published a vacancy notice for positions on the Special Chamberof the Supreme Court, and for a position on the Supreme Court’s Kosovo Property AgencyAppeal Panel. The deadline for submitting an application was December 30, 2009. Because ofthe similar nature of the type of cases heard at the Commercial Court and the Special Chamber,and because many of the individuals who applied for positions on the Commercial Court alsoapplied for positions at the Special Chamber or the KPA Appeal Panel, interviews for thesecourts were held at the same time, between January 25 and February 4, 2010. When IJPCtransmitted its Phase II recommendations to KJC in June 2010, the Commission recommendedsix individuals for appointment, one for the KPA, and the others for either the Special Chamberappeal panel or the Special Chamber trial panel.2. Re-advertisement of selected Phase I positionsBecause the initial Phase I appointments left a number of positions unfilled at the Supreme Courtand in the Office of State Prosecutor, a re-advertisement for those positions was published inmid-March, with an application deadline of April 7. Twenty-seven applications were received.14 of the applicants were found eligible and interviewed during the first week of May. On May13, IJPC transmitted recommendations to KJC of five additional individuals for the SupremeCourt, including one minority candidate, and three additional names for the Office of the StateProsecutor. Subsequently, IJPC learned that two of these individuals had decided to withdrawtheir names from consideration. In due course, KJC recommended two of the candidates for theSupreme Court and one for the Office of the Special Prosecutor, and they were appointed by thePresident on June 28, 2010.3. Re-advertisement of Special Chamber and Kosovo Property Agency Appeal Panel positionsIn late March 2010, IJPC posted on its web site a second vacancy announcement for positions onthe trial and appellate panels of the Special Chamber of the Supreme Court, and the SupremeCourt’s KPA appeal panel. The deadline for submitting an application for these positions wasApril 16. Relatively few applications were submitted. Candidates who met the special eligibilitycriteria for these positions were interviewed during the week of May 11, 2009. IJPC promptlytransmitted the names of five candidates (one for KPA, and two each for the Special Chambertrial and appellate panels) to the KJC.13Funded by the European Union and the Government of USA.
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