Women in the rule of law

Jaroslava Novotna – Lady Prosecutor

30 December 2013

A desire to help develop and implement the rule of law is what brought Jaroslava Novotna, the "first lady" of EULEX prosecutors, to Kosovo. Her enthusiasm was firmly grounded in Kosovo's effort to create a prosecution system according to best European practice. Her internal mission was to help strengthen local prosecutorial capacities.

As chief EULEX prosecutor, Jaroslava is responsible for the effectiveness and efficiency of the international prosecutors. In her role, she also acts as a direct counterpart to Kosovo Chief State Prosecutor, Mr Ismet Kabashi. Together with the Assembly of the EULEX Prosecutors and other Mission units, Jaroslava facilitates efforts to address the institutional and structural problems of the Kosovo judicial system.

She believes that her experience on organised crime issues in the office of the Czech Republic Chief Prosecutor's, as well as representing her country in EUROJUST, a judicial unit set up by EU member states to coordinate investigations and prosecutions between them, would be invaluable in her new role.

She started her career back in 1978 in Czechoslovakia, witnessing first-hand the substantial legal changes in the country, faced with the challenge of moving from one party system into a fully functional free market democracy, eager to join European Union. To make matters more complicated, this transition happened at the same time as the amicable split with Slovakia in 1993.

As a result of these intense changes, Czech lawmakers were tasked not only with the substantial amendments of the existing Criminal Code, but also with the recodification of the criminal procedure law. Thus almost overnight the Czech prosecutors and judges were required to start to practice the new laws and procedures.

"My country wanted to be part of a democratic Europe, as soon as possible. We had to enforce substantial changes to the laws, almost immediately. Of course this was extremely difficult but it gave us a good lesson for future tasks", says Jaroslava.

According to Novotna, the prosecution is an essential backbone of the entire justice system in any country.

"Without an effective prosecution, functioning independently and impartially and being capable of leading police investigations, there is no indictment. And without the indictment, judges are not able to conduct the trial. Therefore, without all of these - there is no justice in a society", concludes Ms Novotna.

"Justice must be delivered on time. Failure to deliver justice is injustice", she stresses.

Her advice to Kosovo's prosecutors is to be as professional as possible; to strictly apply the laws and use every occasion to educate and improve themselves. "You have to use every opportunity to know about the entire world, not just your profession. You have to be open to interaction with your colleagues and discuss difficulties and legal issues you face in your work. You have to be brave in your efforts to change your environment, not to fall under negative influences", she points out.

Jaroslava has come across excellent prosecutors in Kosovo. She praises her colleagues, eager to fight for an effective judicial system, where no crime will be left unpunished.

"A crime in any society represents an obstacle to its development, a phenomenon which prevents democracy to prosper", says Jaroslava.

During the investigation, there ought to be a balance between the right of the public to be informed and the need to protect the rights of the parties and the interests of the investigation.

"The prosecutor has to have a grounded suspicion to investigate, but this may not be the reason to reveal the identities of those involved in the investigation to the public – despite media attention and pressure. There's always the risk of destroying a person's reputation and even endanger their lives. Basic principle of any criminal law is that everyone is considered innocent until proven guilty in an independent court. The public and the media ought to respect this", warns Novotna.

Her wishes for Kosovo would be to further develop and contribute towards a stronger prosecution, free of negative influences, creating a solid ground for future generations.

EULEX helps Kosovo to deal with complex cases, but at the same time through cooperation with Kosovo judiciary, the Mission helps raise their knowledge and skills. However, the learning process is not a one way street.

"We also learned much from our Kosovo colleagues. One may think that justice can only be achieved by your own tools within the law you are used to practice in your home country. However, the interaction with our colleagues here meant that we learned new ideas and ways of thinking. You start to be open to the views of others. This is what one will bring home afterwards."

Jaroslava praises the contribution of EULEX prosecutors who come from very different jurisdictions and work in teams with their Kosovo colleagues.

"Unfortunately in Kosovo, I cannot go to the courts to present criminal cases. I am exclusively a prosecutorial manager. This used to be difficult for me", Jaroslava smiles. "I think the real prosecutorial life is in the interaction, and sometimes fight, with the defendants and their defence counsels in front of the judge. However, I can now count on my dedicated and experienced international colleagues. I feel obliged to create a smooth working environment for them and defend their independence", she adds.

"This is why my door is always open. Cooperation and communication is the tool how to achieve one's goals", concludes Jaroslava.