Saturday, December 17, 2011

EULEX's de Marnhac: freedom of movement is a must


In an exclusive interview with SETimes, EULEX chief Xavier de Marnhac underlines the need for co-operation and rule of law.

By Linda Karadaku for Southeast European Times in Pristina -- 17/12/11

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EULEX chief Xavier de Marnhac. [EU]

EULEX is not able to move freely in northern Kosovo due to the opposition of the local Serbs who accuse the mission of siding with Pristina officials.

The EU mission wants the barricades put up by the local Serbs to be removed, and have permanent and unconditional access for everyone.

EULEX chief Xavier de Marnhac spoke with SETimes correspondent Linda Karadaku about the mission's goals, and the hurdles it is facing.

SETimes: How will EULEX be able to return to the north and have freedom of movement?

Xavier de Marnhac: I cannot stress enough the fact that the barricades in the north should come down and that there should be permanent and unconditional access for everyone, including EULEX and international organisations.

The restoration of free movement is an absolute prerequisite for effective rule of law throughout Kosovo, which we are trying to achieve.

Therefore it is important that there is full movement on the roads of northern Kosovo, not only for EULEX and KFOR, but also for the people so they can go about their normal, every day lives. EULEX and KFOR continue to work very closely together, co-operating on a daily basis.

SETimes: What will be EULEX's role in the implementation of the Integrated Border Management (IMB) agreement?

De Marnhac: EULEX will play a role in regard to the IBM agreement, however, the precise role will be defined over time. The details on implementation will be worked out between the parties. Nonetheless, EULEX stands ready to assist in this matter.

SETimes: EULEX is prosecuting serious war crimes cases. How difficult it has been, and what like has been the co-operation with Kosovo authorities on those cases?

De Marnhac: Prosecuting and adjudicating war crimes is not easy, but it is part of the mandate of the mission, which is currently done exclusively by EULEX. Both our judges and our prosecutors are part of the Kosovo justice system; therefore there is co-operation on daily basis with their local counterparts, including when conducting investigations.

We have had good co-operation with Kosovo authorities in implementing our mandate. I should mention is that it is the individuals that are prosecuted on alleged crimes that were committed, and not groups or organisation.

SETimes: How much has been done to establish a proper programme for the protection of the witnesses?

De Marnhac: While Kosovo is in the process of developing its own witness protection programme, EULEX has its own Witness Security Programme which is in operation in Kosovo and beyond. It is staffed by officers who have considerable experience in this highly sensitive and important area. I cannot go into names or details or numbers, because that is the whole point of it -- it must remain secret for the safety and security of those individuals and their families who pas through the programme.

But I can tell you that the programme has been repeatedly tested and many people have used, and are using it. EULEX develop this Programme in order to help Kosovo deal with some of its most difficult and challenging court cases.

SETimes: How difficult is it in Kosovo to prosecute high-level corruption cases?

De Marnhac: I understand that people are impatient to see the outcome of investigations and cases. But, as is the case in any modern, democratic society, the rule of law process takes time. This is the nature of rule of law. However, one must understand that EULEX deals only with high-level corruption cases, and that the rest of the cases are being dealt by local rule of law institutions.

EULEX will continue to fight corruption, bring cases to court in a dogged and determined manner to stamp it down as far as possible. There are a number of indictments that have been filed by EULEX prosecutors, and there are many others pending.

SETimes: Five EU countries have not recognized Kosovo. Does this impact support for the mission, its work on the ground and relations with Kosovo authorities?

De Marnhac: The mission is supported by all 27 EU member states, as we are not a political, but rather a technical, rule of law mission. The issue of the recognition is a matter for individual countries, and not for the mission.

Source: SETimes.com

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