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06.3.2018

THE OMBUDSPERSON PUBLISHED RECOMMENDATION REPORT RELATED TO THE VIOLATION OF THE RIGHT ON TRIAL WITHIN REASONABLE TIME

The Ombudsperson has delivered today to the Government of Republic of Kosovo Ex- officio Report No. 129/2018, through which he has recommended establishment of a mechanism, which would provide citizens of Republic of Kosovo with legal protection of the right to trial within reasonable time frame.

Complaints which deal with allegations for excessive length of proceedings, only during 2017 comprise 26% of entire complaints lodged with the Ombudsperson. No legal mechanism exists in the Republic of Kosovo for prevention of violation of the right on trial within reasonable time or compensation of citizens, who might be victims of such violation.

The right to a trial within a reasonable legal time frame is guaranteed by the Constitution of Republic of Kosovo as well as European Convention on Human Rights (ECHR). Also the European Court on Human Rights (ECtHR), since 2000 rendered a considerable number of judgments by which strict standards has been set, which requires from each States establishment of mechanisms for effective solution of delayed cases and injuries caused as a result of violation of the right on trial within a reasonable time. These standards are based on Article 13 of the ECHR which reads that: “Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority” as well as Article 54 of the Constitution of the country which reads (“Everyone enjoys the right [ ]..to an effective legal remedy if found that such right has been violated”).

By the end of 2017, the Ombudsperson has published several Reports with recommendations related to the excessive length of proceedings, in the course of which has ascertained that, from the cases reviewed, the average duration of these judicial cases is approximately 10 years and that this average is expected to be further increased, since the same continue to be under review by respective courts. In general, during case review dealing with complaints for delay of proceedings in courts, it is observed the presence of Courts’ hesitation to burden the country or any other administrative state body for compensation for violation of the right to trial within a reasonable time frame, in compliance with ECtHR practice.

Consequently, the Ombudsperson has recommended the Government of Republic of Kosovo for undertaking of legislative initiative on proposing the Law on protection of the right to trial within a reasonable time, through which judicial legal remedies will be determined for cases dealing with excessive length of proceedings, in compliance with international instruments on human rights and fundamental freedoms.

Report with Recommendation, in its full form, was delivered to the abovementioned responsible authorities and the same has been published on OI official web-page
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