Kosovo courts 'biased'

Kosovo Serbs: courts are biased against them says the OSCE

Kosovo's criminal courts have been accused of being biased and inconsistent by a European security organisation.

In its report, the Organisation for Security and Co-operation in Europe (OSCE) says that the United Nations-run judicial system displays clear evidence of bias against Kosovo Serbs.

OSCE findings

Kosovan law may conflict with human rights standards

Courts have inconsistent approaches to the law

Clear evidence of bias by the courts against Kosovo Serbs

Persons have been detained in violation of international standards

The report adds that Kosovan law conflicts with international human rights standards.

Although the OSCE is part of the UN administration in Kosovo, it also has the role of monitoring its human rights record.

Its latest review covers six months of work in Kosovo's judicial system and includes a series of recommendations.

The BBC correspondent in Kosovo, Nicholas Wood, says there has been added controversy over the review after it emerged that parts of it were changed at the request of the UN administration.

'Compelling evidence'

The OSCE says that despite achievements, the current system has a long way to go to meet necessary standards.

Bernard Kouchner: asked for changes to the report

It says that the climate of ethnic conflict impacts on the impartiality of the courts.

There is "clear and compelling" evidence of bias by the courts against Kosovo Serb defendants in particular, the report adds.

The report also accuses the authorities of adopting inconsistent approaches to the legislation and adds that some laws conflict with human rights standards.

To overcome the problem, the OSCE recommends that judges be given practical training in both domestic and international law.

The OSCE report also focuses on what it calls illegal detentions, which it says violate international standards.

It says that many people are regularly detained for more than 72 hours without a hearing, and calls on the UN police and Nato peacekeepers to prevent illegal arrests.

Controversial paragraphs

The original OSCE judicial review was said to have included a criticism of the head of the UN mission in Kosovo, Bernard Kouchner.

Our correspondent says that Mr Kouchner was criticised for overruling a court decision, by ordering the arrest of a man who had already been released from jail.

He adds that the offending paragraphs were removed.