se times
30/11/2010
EULEX chief Xavier Bout de Marnhac says the mission is "here to help you do the job yourself, not do the job for you".
By Linda Karadaku for Southeast European Times in Pristina – 30/11/10
EULEX chief Xavier Bout de Marnhac says the mission is "here to help you do the job yourself, not do the job for you".
By Linda Karadaku for Southeast European Times in Pristina – 30/11/10
French General Xavier Bout de Marnhac took over as the head of EULEX in October, bringing to the post his extensive knowledge of the region. That expertise has been tested by numerous challenges, including high profile cases initiated by the mission's justice department.
SETimes: What key problems, challenges and unresolved issues confront EULEX in Kosovo?
Xavier Bout de Marnhac: My three main priorities for EULEX are the north; the fight against organised crime and corruption; and implementing the Mentoring, Monitoring, Advising (MMA) part of our mandate. All these are at the same time problems, challenges and unresolved issues.
Firstly, the north is a specific place with particular challenges, notably an absence of the rule of law. The people living there both have a right to, and wish to have, access to a proper rule of law system.
My intent is to normalise the situation on the ground by increasing the presence of EULEX mission members in the north of Kosovo. People will be encouraged to live up there and to be a normal part of the day-to-day life for citizens in the north.
In addition, EULEX prosecutors are investigating a number of serious cases here.
The aim is to improve the rule of law for everyone. This also encompasses making the Mitrovica District Court fully functional. EULEX judges and prosecutors are doing their share of the work: since the court reopened in December 2008, EULEX judges have issued 24 verdicts regarding the most urgent cases.
There are currently seven EULEX judges and four EULEX prosecutors working at the court and everyone living in the area should know that criminal acts will be properly investigated and adequately adjudicated by this team, even if local judges and prosecutors have not yet returned.
Secondly, if Kosovo is to progress towards European integration, local rule of law institutions must lead the fight against organised crime and corruption. While these phenomena may not loom any larger than elsewhere in the region, the lack of institutional capacity, and the perception that there is not a strong commitment to fight these phenomena, create a negative perception of Kosovo. EU member states are looking closely at Kosovo's capacity to deal effectively with criminal groups to prevent them from developing cross border/boundary networks of illegal activities detrimental to countries across Europe.
I know that the most pressing issue among Kosovars is unemployment. But corruption and organised crime seriously impede economic growth, including job creation. They must also be fought because of their negative social impact.
Thirdly, regarding our MMA mandate, both MMA and local ownership constitute the Mission's core principles. Our MMA activities help identify organisational weaknesses in Police, Justice and Customs as well as remedies to address them. MMA is thus the medium through which rule of law institutions will be transformed, thereby bringing Kosovo forward.
Unfortunately, the constant media focus on our limited executive functions distorts the public's understanding of the EULEX mandate: namely, we are here to help you do the job yourself, not to do the job for you.
SETimes: What is your opinion regarding EU comments that organised crime in Kosovo has a free hand? What problems does Kosovo face in combating organised crime?
de Marnhac: I don't believe that organised crime looms larger in Kosovo than elsewhere in the region or other parts of Europe. But Kosovo lacks the requisite institutions and legal framework to counter this phenomenon. Only through supporting Kosovo in building those institutional capacities, which we do through MMA, can progress be made in confronting this phenomenon.
SETimes: EULEX prosecutors have initiated several important, high-profile cases in its fight against corruption. At what stage are the investigations and when can findings be expected?
de Marnhac: Investigations, led by EULEX prosecutors exclusively or jointly with local prosecutors, are continuing in a number of cases, but I cannot comment on them. The judiciary must work independently, free from interference.
Concrete progress will take place when the investigations have run their course, and this will happen. One has to keep in mind that complex investigation take time, a time span which doesn't necessarily always coincide with the expectations of the general public or the media. EULEX judges and prosecutors have been involved in the adjudication of approximately 120 cases, a majority of them related to serious crime, including corruption.
SETimes: How is your co-operation with the Kosovo authorities during this pre-election period?
de Marnhac: We continue to work with the police, customs and the judicial institutions in Kosovo. It's true a slight political vacuum exists in this interim period between the assembly's dissolution and the government's resignation on the one hand, and the elections and formation of a government on the other.
But our work continues unimpeded: trials are being held, verdicts delivered, arrests carried out. EULEX is also pursuing its core mandate of monitoring, mentoring and advising the local rule of law institutions.
EULEX's main role will be to monitor, mentor and advise the work of the Kosovo Police during the elections.
SETimes: What key problems, challenges and unresolved issues confront EULEX in Kosovo?
Xavier Bout de Marnhac: My three main priorities for EULEX are the north; the fight against organised crime and corruption; and implementing the Mentoring, Monitoring, Advising (MMA) part of our mandate. All these are at the same time problems, challenges and unresolved issues.
Firstly, the north is a specific place with particular challenges, notably an absence of the rule of law. The people living there both have a right to, and wish to have, access to a proper rule of law system.
My intent is to normalise the situation on the ground by increasing the presence of EULEX mission members in the north of Kosovo. People will be encouraged to live up there and to be a normal part of the day-to-day life for citizens in the north.
In addition, EULEX prosecutors are investigating a number of serious cases here.
The aim is to improve the rule of law for everyone. This also encompasses making the Mitrovica District Court fully functional. EULEX judges and prosecutors are doing their share of the work: since the court reopened in December 2008, EULEX judges have issued 24 verdicts regarding the most urgent cases.
There are currently seven EULEX judges and four EULEX prosecutors working at the court and everyone living in the area should know that criminal acts will be properly investigated and adequately adjudicated by this team, even if local judges and prosecutors have not yet returned.
Secondly, if Kosovo is to progress towards European integration, local rule of law institutions must lead the fight against organised crime and corruption. While these phenomena may not loom any larger than elsewhere in the region, the lack of institutional capacity, and the perception that there is not a strong commitment to fight these phenomena, create a negative perception of Kosovo. EU member states are looking closely at Kosovo's capacity to deal effectively with criminal groups to prevent them from developing cross border/boundary networks of illegal activities detrimental to countries across Europe.
I know that the most pressing issue among Kosovars is unemployment. But corruption and organised crime seriously impede economic growth, including job creation. They must also be fought because of their negative social impact.
Thirdly, regarding our MMA mandate, both MMA and local ownership constitute the Mission's core principles. Our MMA activities help identify organisational weaknesses in Police, Justice and Customs as well as remedies to address them. MMA is thus the medium through which rule of law institutions will be transformed, thereby bringing Kosovo forward.
Unfortunately, the constant media focus on our limited executive functions distorts the public's understanding of the EULEX mandate: namely, we are here to help you do the job yourself, not to do the job for you.
SETimes: What is your opinion regarding EU comments that organised crime in Kosovo has a free hand? What problems does Kosovo face in combating organised crime?
de Marnhac: I don't believe that organised crime looms larger in Kosovo than elsewhere in the region or other parts of Europe. But Kosovo lacks the requisite institutions and legal framework to counter this phenomenon. Only through supporting Kosovo in building those institutional capacities, which we do through MMA, can progress be made in confronting this phenomenon.
SETimes: EULEX prosecutors have initiated several important, high-profile cases in its fight against corruption. At what stage are the investigations and when can findings be expected?
de Marnhac: Investigations, led by EULEX prosecutors exclusively or jointly with local prosecutors, are continuing in a number of cases, but I cannot comment on them. The judiciary must work independently, free from interference.
Concrete progress will take place when the investigations have run their course, and this will happen. One has to keep in mind that complex investigation take time, a time span which doesn't necessarily always coincide with the expectations of the general public or the media. EULEX judges and prosecutors have been involved in the adjudication of approximately 120 cases, a majority of them related to serious crime, including corruption.
SETimes: How is your co-operation with the Kosovo authorities during this pre-election period?
de Marnhac: We continue to work with the police, customs and the judicial institutions in Kosovo. It's true a slight political vacuum exists in this interim period between the assembly's dissolution and the government's resignation on the one hand, and the elections and formation of a government on the other.
But our work continues unimpeded: trials are being held, verdicts delivered, arrests carried out. EULEX is also pursuing its core mandate of monitoring, mentoring and advising the local rule of law institutions.
EULEX's main role will be to monitor, mentor and advise the work of the Kosovo Police during the elections.
SETimes: A number of candidates on the party lists are actually under investigation. Do you think that's appropriate?
de Marnhac: I think all of us would accept the principle that everyone is innocent until proven guilty. Who are being put forward as candidates on the party lists is an issue for the political parties to decide. Who is then eligible is a matter regulated by the law.
SETimes: Serbian media have reported on possible customs-related discussions at the Kosovo-Serbia border. Will you be a part of that dialogue?
de Marnhac: EULEX stands ready to support the dialogue in any way it can, especially on rule of law matters and also any logistical support. We also stand ready to contribute in the implementation of any agreements that might be reached. The dialogue is part of one EU policy with the overall aim to promote co-operation, achieve progress on the path to Europe and improve the lives of the people.
This content was commissioned for SETimes.com.
de Marnhac: I think all of us would accept the principle that everyone is innocent until proven guilty. Who are being put forward as candidates on the party lists is an issue for the political parties to decide. Who is then eligible is a matter regulated by the law.
SETimes: Serbian media have reported on possible customs-related discussions at the Kosovo-Serbia border. Will you be a part of that dialogue?
de Marnhac: EULEX stands ready to support the dialogue in any way it can, especially on rule of law matters and also any logistical support. We also stand ready to contribute in the implementation of any agreements that might be reached. The dialogue is part of one EU policy with the overall aim to promote co-operation, achieve progress on the path to Europe and improve the lives of the people.
This content was commissioned for SETimes.com.
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