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11.12.2014

OMBUDSPERSON’S STATEMENT REGARDING PREPARATORY WORKS OF THE CONSTITUTIONAL COMMISSION OF KOSOVO

Based on the Law on Ombudsperson as well as the Law on Access to Public Documents, the Ombudsperson, has initiated ex-officio investigation on 28 October 2014, regarding existence, preservation, placement and access to travaux preparatoires (preparatory works) of Kosovo Constitutional Commission. On this occasion the Ombudsperson informs the public that investigations conducted have resulted successfully and that documents of preparatory works have been found and have been submitted in appropriate and safe place, within the Agency of State Archives of Kosovo.


The Ombudsperson has initiated investigation regarding this issue, since continual requests for safeguarding of preparatory works of the Constitution, by the Constitutional Court, has resulted unsuccessfully during more than four years’ period.


Upon persistent investigation as well as after successful communication conducted with respective Offices within the Assembly of the Republic of Kosovo, the Presidency, Kosovo Government as well as Agency of State Archives of Kosovo, on December the 5th the Ombudsperson has obtained official confirmation that the Office of Prime Minister, in possession of all preparatory works documents, has submitted them to the Agency of State Archives of Kosovo on 24 November 2014, actually ten days after first request from Ombudsperson has been submitted.


On December the 8th 2014, the Ombudsperson visited the Agency of State Archives of Kosovo with the purpose to directly confirm existence and preservation of preparatory works. People working in the Agency exposed their great commitment and will to forward as soon as possible to the Ombudsperson Institution a copy of all requested documents after archive systematization, in accordance with the Law on Ombudsperson and the Constitution of Republic of Kosovo.


On this occasion the Ombudsperson calls upon all responsible institutions to investigate the reasons and causes of “lost” and concealing of preparatory work for last six years and reveal them to the public.


INTERAGENCY COMMUNICATION CHRONOLOGY OF INVESTIGATION REGARDING PREPARATORY WORK OF KOSOVO CONSTITUTIONAL COMMISSION


Based on the Law on Ombudsperson as well as the Law on Access to Public Documents, the Ombudsperson has initiated ex-officio investigation on 28 October 2014, regarding existence, preservation, placement and access to travaux preparatoires (preparatory works) of Kosovo Constitutional Commission.


The Ombudsperson, on 14 November 2014, addressed in written form the Agency of State Archives of Kosovo, the Office of Prime Minister of Republic of Kosovo, Presidency as well as Secretary of the Parliament. Letters addressed to the above given Institutions have determined that Constitution of the Republic of Kosovo (article 132, paragraph 3) stipulates that:


“Every organ, institution or other authority exercising legitimate power of the Republic of Kosovo is bound to respond to the requests of the Ombudsperson and shall submit all requested documentation and information in conformity with the law”.



On base of this provision, the Ombudsperson has requested from the above given Institutions that in case of possessing document regarding preparatory works of the Kosovo Constitutional Commission, to submit a copy of them to the Ombudsperson Institution. In case of not possessing them but have information on where they are located, to notify Ombudsperson Institution for their location as well as respective authority with jurisdiction over them.


The first response addressed to the Ombudsperson Institution on 18 November 2014, was from the Agency of State Archives of Kosovo stating that requesting documents are not placed there. Another notification followed on 19 November from Secretary of the Assembly of Kosovo Republic, which negates that requested documents are placed there. The same negative response was the answer submitted from the Presidency on 25 of November 2014. Whereas a notification on a written form on Ombudsperson’s request received on 24th of November 2014 from the Office of the Prime Minister stated that


“complete material regarding preparatory works of the Kosovo Constitutional Commission is located within Agency of State Archives of Kosovo.”


Giving the fact that we had two answers that rebut each other (the answer of the Agency of State Archives of Kosovo that negated possession of requested documents and the answer of the Office of prime Minister that claimed that requested documents are located within the Agency of State Archives of Kosovo), the Ombudsperson addressed additional letters to both Institutions on 4th of December 2014 demanding supplementary explanations regarding mutual controversial responses. Prime Minister’s Office responded to the Ombudsperson Institution on December 15, 2014 with the following answer:


“the factual bases of the answer […] of the date  24 November 2014, was submission of materials of Constitutional Commission to the Agency of State Archives of Kosovo and the Minutes on handing-over of archive material “


Along with the response, Prime Minister’s Office attached submits also the supporting document of Submission of Constitutional Commission material, no. Ref. 1994/3, of the date 24.11.2014 and the Minutes on handing over of the archive material, no. ref. 1994/5 of the date 24.11.2014, which proves that travaux preparatoires is actually placed within the Agency of State Archives of Kosovo and that submission of the material from Prime Minister’s Office was done on 24 November 2014. This has been confirmed also from the Agency of State Archives of Kosovo by a letter sent on December the 5th, 2014.






[1] Interagency communication chronology can be found below in this Statement.



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