EULEX deputy chief: We will help the Special Court if necessary

Deutsche Welle: On June 15th, it ended, respectively, the new mission, what is its name?

Bernd Thran: He continues to be called EULEX. Name has not changed.

DW: Whatever the case, a new era begins now. Even in the case of EULEX's 10th anniversary, different balances became, which you might call negative. Many media write „are only made expenditures”. What balance have you made?

Bernd Thran: I would say that balance is actually positive. Of course it depends on how you see it. If you look at it as a Kosovar, it could be a negative balance. On the other hand, the balance is positive if you think the state of Kosovo has begun to exist for 10 years and started almost from zero. The Mission began from scratch EULEx. It has been the largest mission the EU has had for the first time a mission with an executive mandate.

However, when the balance is made, it is said precisely about the executive mandate, that it has not been properly implemented. That people were identified, and arrests were made, but there wasn't much that happened even when there were concrete charges?

Yeah. We should remember that we're talking about a rule of law mission. In Germany, too, there are times when much is spoken and no sentences are finally issued. How should success be measured? We're dealing with sentencing when it's supposed to be guilty, or we're dealing with establishing a system where the rule of law should be established, where justice has its normal way up to judgment, which may be punishment but release? The mission's main problem has been from the start how the communications strategy is developed. If, for example, you often talked about big fish, EULEX will come and catch the big fish and punish them. These statements, which came from outside EULEX, have not been well communicated. Because in such a field you can't talk about the big “” being brought to trial and punished. The punishment is because there is evidence. Is there any evidence for taking the punishment? This has been EULEX's biggest problem, which we have not been communicative with what we expected of us. Once things have happened, you can always say what could have been better. But that's what happened. It was the first time an EU mission was established, which was equipped with an executive mandate. Which in time brought about partially and negative experiences. And to stop them, they had to restructure the mission: And now on June 15th, a mission started with a new mandate, which had not been done in his 10 years.

Could not the mandate as it was to close many issues and deal with large fish continue? Or, on the other hand, couldn't the whole mission be over?

That's a tough question. The first question to be asked is what change can we make in Kosovo if we continue with the same mandate? Or what happens if we change it? I think we've had this executive mandate for 10 years, and our judges, prosecutors and police officers have done very good work. However, 479 convictions for corruption cases, organised crime, money laundering, war crimes and the civil sector have been handed down in the criminal justice sector, and 42 thousand cases have occurred. So in the executive part of the mission, something has been done, and this should be appreciated. However, we have come to a point where we must hand over more duties to local authorities, which means, local justice institutions must process cases and close.

Do you think that local institutions and executive law bodies in Kosovo are able to work professionally and independently?

They must be placed in a position to act that way. In the past the executive organs always told of the difficult cases EULEX can pass. This case is critical, dangerous we don't want to deal with it. It's better if EULEX does it. When something goes wrong then it is EULEX, which has been dealt with and never local institutions. The responsibility could be left to EULEX. We think member states mean with the new mandate we have come to a point where we should not continue to do the work of Kosovars. So now the work goes to Kosovo institutions and we will continue with support and where it is needed with help so that this thing has been managed not to take the wrong direction.

Mr. Thran, can you tell what the mission will be like in the future, volume and how it will be equipped?

With the European Council's decision, we have received a mandate from June 15th of this year until June 14, 2020, a two-year term. The mission will be restructured for the first time entirely. We will withdraw from the executive part, we will no longer engage in judges, prosecutors and police to process existing cases or take new cases. We will have a mandate to reinforce work in support of Kosovo institutions in their work.

Support in the Sense of Counsel?

Yeah, that's right. In the sense of counseling in the sectors of criminal justice and the carrying out of sentence, because large deficits have been seen there. These are the only sectors where we will exercise our activity. Our monitors will go to jail and give advice. Then we will deal with the cases we are currently handing over and are sensitive cases for Kosovo. That is one of the reasons EULEX judges and judges are involved. We'll continue to accompany these cases. And with the so-called „axage of letters”, we have made it possible for our advisers to go even to the offices of judges and prosecutors, see the facts of cases and in case of need and advise judges and prosecutors where improvements can be made, where there are mistakes. So this is about monitoring, which we know and what does O for example? The SEU, with observation and processing of cases in courtrooms that are open to the public.

Are cases of delicate war crimes?

They are mainly war crimes, but also high-level corruption cases.

So are we going to continue or actually start the work of the Special Court? This, for example, has been one of the things that developed slowly.

This court has been established under Kosovo laws. International judges work there, but the laws are Kosovar. The term certainly includes the tribunal's support in The Hague in its main tasks, which are certainly in the area of operational support, which is also linked to executive activities. This means that if necessary, we will also conduct operations under the tribunal in The Hague established under Kosovo laws.

Mr. Thran, what is the German contribution to the next mission?

I hope Germany supports the mission so far. I will continue on this task by the end of the year. We are 18 police officers and 12 civilians from Germany. So after Poland, we are the second largest contingent to support the mission in Kosovo.

Poland has the largest contingent in EULEX?

Yes, Poland has the largest contingent. This is about the fact that the operational sector, therefore operational measures are offered by Poland. Poland, then, has a body of 100 police forces, performing the role of „second responnder”. Which means we have set up a system under which Kosovo police respond first when there are escalations of violence. If she was unable to deal with the incident, then troops from EULEX come. If she's not able then we call KFOR.

A Does EULEX have presence on Kosovo's border with Serbia in the north?

The presence of EULEX will be formal in the sectors of supporting dialogue between Pristina and Kosovo. If our help is needed, we'll send our monitors to the northern part at both crossing points. Otherwise, until the EU office in Pristina is tasked with supporting dialogue, three monitors will stay at the Mitrovica police station to support the creation of this entity. /dw/.