KOSOVO: USOP HELPS BUILD KOSOVO SPECIAL

C O N F I D E N T I A L SECTION 01 OF 02 PRISTINA 000151

SIPDIS

SIPDIS

DEPT FOR EUR/SCE, DRL, INL, AND S/WCI, NSC FOR BRAUN, USUN
FOR DREW SCHUFLETOWSKI, USOSCE FOR STEVE STEGER, OPDAT FOR
ACKER

E.O. 12958: DECL: 10/26/2016
TAGS: PGOV KJUS KCRM EAID KDEM UNMIK YI
SUBJECT: KOSOVO: USOP HELPS BUILD KOSOVO SPECIAL
PROSECUTORS' OFFICE TO TACKLE ORGANIZED CRIME


Classified By: COM TINA KAIDANOW FOR REASONS 1.4 (B) AND (D).


1. (SBU) SUMMARY: Despite initial hurdles, the Kosovo
Special Prosecutors' Office (KSPO) is taking shape under USOP
leadership and will help fill a gap in prosecutions for
sensitive cases. One special prosecutor started work in
January, three others transferred on February 28, and a fifth
was selected on February 26. Our U.S. DOJ Resident Legal
Adviser (RLA),housed at KSPO offices, is on board to provide
mentoring and training, and there are high hopes for the new
special prosecutors. Recruitment, especially among Kosovo
Serbs and other minorities, remains difficult, although
Minister of Justice Salihaj recently convinced the Kosovar
government to nearly double the salaries for special
prosecutors and provide special security funding for the
KSPO. One of the recently-selected prosecutors played an
important role in Vetevendosje/Self-Determination Movement
(SDM) leader Albin Kurti's arrest and detention following the
violent February 10 demonstration in Pristina. The KSPO
figures into our long-range rule of law assistance planning;
our hope is to build its capacity to the point where it can
tackle the difficult and dangerous cases that have
traditionally been reserved for internationals. USOP, OPDAT
and UNMIK DOJ are also lobbying the European Union Planning
Team (EUPT) to ensure that the KSPO will be a priority under
the follow-on European Security and Defense Policy (ESDP)
rule of law mission. We are grateful to DOJ/OPDAT for their
work on getting the KSPO up and running. END SUMMARY.

KSPO Will Receive Mentoring from Internationals


2. (SBU) Special Representative of the Secretary General
(SRSG) Joachim Ruecker established the Kosovo Special
Prosecutors' Office (KSPO) in September 2006, thanks in large
part to the efforts of USOP and UNMIK Department of Justice
(UNMIK DOJ). USOP and UNMIK DOJ saw a gap in prosecutions in
Kosovo and lobbied hard for the creation of this special body
of local prosecutors to handle sensitive cases under the
tutelage of international prosecutors.


3. (SBU) The administrative directive names the head of the
Criminal Division of UNMIK DOJ, currently Kosovo Chief
International Prosecutor Annunziata Ciarovolo, as the head of
the KSPO, and authorizes the SRSG to appoint 10 special
prosecutors on the recommendation of the director of UNMIK
Department of Justice (UNMIK DOJ). Recommendations are made
based on candidates' performances in interviews before a
panel consisting of the KSPO head, the director of UNMIK DOJ
and the chief public prosecutor of Kosovo. Candidates come
from the existing pool of Kosovo prosecutors. Since few
members of Kosovo's minority community currently work as
prosecutors, there are no minority quotas for the KSPO.


4. (SBU) Special prosecutors will have an initial 12-month
transition period, which may be extended. During that
period, they will receive caseloads, and USOP's Resident
Legal Adviser (RLA),housed at the KSPO, and international
prosecutors will mentor them. The international prosecutors
will maintain ultimate responsibility for investigations and
prosecutions during this transition period. Once the initial
transition period is over, the special prosecutors will take
responsibility for organized crime, corruption, human
trafficking, terrorism, and crimes motivated by ethnicity,
race, nationality and gender under the tutelage of
international prosecutors from the UNMIK DOJ Criminal
Division. War crimes cases, however, are specifically
excluded from their mandate.

Staffing the KSPO Has Been a Challenge


5. (SBU) Recruiting special prosecutors has not been an easy
task. Initially, Kosovo prosecutors were very reluctant to
join the new body because salaries were low, danger was high,
and there was a perception that the body might disappear when
UNMIK ends its mission. Working with Minister of Justice
Salihaj, USOP, OPDAT and UNMIK DOJ have tried to address

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these concerns. Salihaj has convinced the PISG to nearly
double the special prosecutors' salaries by employing a rough
equivalent to danger pay, and has sought and obtained
approval for approximately 100,000 euro to pay for other
security measures for the KSPO. USOP, OPDAT and UNMIK DOJ
also have lobbied the European Union Planning Team (EUPT) to
ensure that the KSPO will be a priority under the follow-on
European Security and Defense Policy (ESDP) mission.


6. (SBU) One special prosecutor began work in January, three
were transferred on February 28 and will begin work very
soon, and 10 legal officers and three support staff are also
on board. The chief public prosecutor of Kosovo and director
of UNMIK DOJ selected a fifth candidate on February 26, and
he awaits appointment and transfer. They had also selected
another candidate, but Salihaj raised objections over
allegations that the person worked in the past for the
Milosevic regime.


7. (SBU) Attracting minorities and women has been
particularly challenging because of the sensitive nature of
the job and the small pool from which to choose among current
Kosovo prosecutors. One candidate withdrew her nomination,
ostensibly for health reasons, but indications suggest her
husband would not allow her to take such a potentially
dangerous position. Fortunately, the picture is starting to
look better for minorities; a Bosniak applied and a Kosovo
Serb is also prepared to apply.

Training the KSPO Has Already Begun


8. (C) Notwithstanding the initial hurdles, the KSPO is
getting off to a good start. RLA has organized six hours of
classes per week, is closely mentoring the one special
prosecutor already on board on a bank fraud investigation,
and has launched a monthly roundtable to introduce special
prosecutors and police officers handling investigations of
complex crimes under the KSPO's jurisdiction. Equally
significant, one of the recently-selected special prosecutors
has impressed international prosecutors with his role in the
arrest and detention of Vetevendosje/Self-Determination
Movement (SDM) leader Albin Kurti, following SDM's violent
protest on February 10. Lulezim Sylejmani, currently a
district prosecutor in Pristina, was the local prosecutor
assigned to the Kurti case following the demonstration.
International Prosecutor Cecilia Tillada (protect) has since
taken the lead, but she is positive about Sylejmani's
contribution to the case and is continuing to work closely
with him on it -- a significant development, since
international prosecutors normally work alone on such high
profile cases. (Note: Kurti will remain in prison until
mid-March, and likely beyond, during which time prosecutors
are assembling evidence to present the case against him. End
Note.)


9. (SBU) COMMENT: The KSPO's creation is a significant step
forward in the development of rule of law in Kosovo. It
fills a gap in local prosecutions and offers an opportunity
for international prosecutors to mentor local prosecutors so
they gain the knowledge and confidence to pursue sensitive
cases such as human trafficking, organized crime and
terrorism. END COMMENT.


10. (SBU) U.S. Office Pristina does not clear this cable for
release to U.N. Special Envoy Martti Ahtisaari.
KAIDANOW