Friday, March 8, 2019

Kosovo: November 23, 2007 Meeting of the Task Force on the Mitrovica Area

In April 2007, the EU began to ready for assuming its role in a "post-independent" Kosovo and sent its EU Planning Team (EUPT) to begin coordinating with UNMIK on its plans to take our place.  Here follows the minutes of the fourth meeting of the Mitrovica Task Force to continue EU "coordination" with the United Nations. (Note:  Compare the comments on the courthouse and parallel institutions to what actually happened after the unilateral declaration of Kosovo independence in 2008. For example, the courthouse debacle and my congressional testimony from 2011.)
   
November 23, 2006

Minutes of the Task Force on the Mitrovica Area meeting

Participants: Gallucci, Efimov (both UNMIK), Chevrir (UNMIK – CIVPOL), Irvine, Simion (UNMIK - DOJ), Daca, Strohal (both OSCE), Stadler, Boura, Carver (all ICO PT), Denis, Moerman (KFOR), Svensson, Lukits (both EUPT)

TF reviewed the Mitrovica Court and the Mitrovica Detention Center. UNMIK noted the repatriation of prisoners agreement between Serbia and Kosovo and the possibility that Serbia might not continue implementation of it after status. UNMIK – DOJ noted that individuals were transferred in armored personnel carriers to the Detention Center and described times when KFOR had to intercede to ensure that the vehicle (surrounded by hostile crowd) could proceed. UNMIK noted ethnic mix of staff and prisoners and that 4 of the 5 “Category A” prisoners were ethnic Albanians. The TF noted no major ethnicity-related problems among staff members (staff cohesion remained intact even through March 2004 riots). There are no IC prison guards. Prison guards (KCS) are unarmed; a Special Police Unit (SPU) is responsible for perimeter security. KFOR noted its contingency plan for evacuation of the Detention Center personnel and prisoners should situation so warrant and said it could develop similar plans for the Court. They also noted that all the evacuation plans follow the certain priority listings. EUPT noted it had plans for internal security of Detention Center. The TF noted that in the case of the overall K/S boycott of the status settlement, the Serb members of KCS would follow it. If the Court and Detention Center remain in the North as mixed institutions, the challenges for transition would be: security of the facilities and transportation of the local staff.

UNMIK raised a problem of previous lack of 24/7 security at the Mitrovica Regional Court (serious implications for evidence & records). Currently private security firm provides night-time coverage (KPS or other providing day-time coverage). UNMIK noted that UNMIK Criminal Court has no effective “parallel” rival. Parallel civil courts, however, continue to exist. IC/PISG may want to review the salaries policy as a mean of discouraging staff from accepting salaries from Serbia.

Discussion turned to the general issue of parallel structures. UNMIK noted two scenarios: (1) parallel structures openly declare themselves Serbian institutions and (2) parallel structures continue to operate as “open secrets.” In second scenario, best case could be establishing a dialogue between Pristina and local parallel structures. If this is not possible, IC should have dialogue with parallel structures. Establishing contact with these structures’ personnel is critical in eventually obtaining records and convincing personnel to shift to central institutions.

ICO PT reviewed its concept for ICO in Mitrovica (ICOM), plans for staffing and monitoring settlement with possible use of corrective powers. ICO PT emphasized openness to suggestions and criticism and urged formal and informal dialogue with other IC actors. UNMIK stressed ICOM’s role as facilitating settlement implementation. Discussion turned to supporting dialogue between ethnic groups, among Kosovo Serbs, and between Kosovo Serbs and Belgrade. OSCE noted its and various NGO outreach plans in this regard.

TF agreed to review: (1) Mitrovica Hospital, (2) Mitrovica University, (3) financial flows, and potentially also the ICO-OSCE cooperation at its next meeting, Thursday, November 30, at 11:00 a.m. at the ICO PT office in Pristina. TF also agreed to review infrastructure (including utilities) and related economic issues at a meeting on Thursday, December 7, at 11:00 a.m. at the ICO PT office in Pristina. Specific agendas will be distributed ahead of those meetings.

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