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29.5.2015

OMBUDSPERSON’S NOTIFICATION REGARDING PUBLICATION OF EX-OFFICIO REPORT WITH RECOMMENDATIONS No. 498/2014

May 29, 2015 – A set of physical obstacles have been placed on and beside the river Iber in the North part of Mitrovica municipality during June 2014, partly on initiative,  presence and surveillance of different public authorities. Since that time no other actions have been taken by the public authorities regarding this issue.


According to Ombudsperson’s observation, legal and constitutional analyses is missing regarding constructions of so called “Park of Peace”, “Car Lazar Square”, “Adem Jashari and UÇK Square” in the municipality of Northern Mitrovica. Thus, the Ombudsperson has decided to initiate ex-officio investigations regarding this issue, mainly for two purposes: (1) to evaluate whether four above given constructions presents violation of the Constitution of the Republic of Kosovo, specifically the right on freedom of movement, according to local and international human rights standards, and (2) to provide recommendations to the responsible authorities based on this assessment. Based on legal analyses on this case, the Ombudsperson


Finds that:


(1)        Squares “UÇK” and “Adem Jashari” do not present any restriction concerning freedom of movement. But, as they have not been constructed in compliance with the law, those are to be considered illegal.


(2)        Construction of the “Park of Peace” and “Car Lazar Square” comprise not solely violation of the law but violation of Constitution and international instruments on human rights, actually violation of the right on freedom of movement.


(3)        Mr. Marko Gjuriq, through active involvement and participation in geo-ethnic division of the territory of the Republic of Kosovo, actually of Mitrovica city, has infringed the Constitution and the Laws of Republic of Kosovo, violating on this occasion the right on freedom of movement to people within the territory of Republic of Kosovo and due to this reason “comprise threat for the national security [and ] public order . . . for Republic of Kosovo ” (Law 04/L-219 for Foreigners, article  31.1).


(4) the Mayor of Northern Mitrovica municipality, Mr. Goran Rakiq, and the President  of the Northern Mitrovica Municipal Assembly, Mrs. Ksenija Bozhoviq, have failed completely to cooperate with other municipal officials.


 


Based on these findings and in accordance with the article 135, par. 3 of the Constitution of Republic of Kosovo and article 16, para.1 of the Law on Ombudsman, the Ombudsman


recommends that:


(1)        Administrative Office of Northern Mitrovica municipality as well as the Government of Republic of Kosovo, to remove as soon as possible the “Park of Peace” from the main bridge on river Iber and to stop works conducted on “Car Lazar Square” as well as to bring the street on the previous state, enabling in this way free movement of pedestrians and vehicles through the bridge.


(2) Administrative Office of Northern Mitrovica municipality as well as the Government of Republic of Kosovo, within the shortest time period to remove all constructed physical obstacles in the Bosniak Mahala as well as in the entrance of village Suhodoll, actually at “Adem Jashari and UÇK” Squares.


(3)        Mayor Rakiq and Mr. Marko Gjukiq to undertake measures foreseen by the law for violation of the Constitution and Laws at force, including criminal proceedings for the all persons responsible for constructing “ Park of Peace “, particularly towards their leaders.


(4)        The government of Republic of Kosovo to forbid entrance within the territory of Republic of Kosovo to the foreign citizen Marko Gjuriq, based on the Law on foreigners, article 31.1 (“A foreigner may be allowed to enter the Republic of Kosovo….if he/she [among other things] does not constitute any threat to state security, public order, public health in the Republic of Kosovo”) and article 32.1. (“A foreigner, who does not fulfill the entry conditions laid down in Article 31 of the Law, shall be refused entry to the territory of the Republic of Kosovo”).


(5)        Mayor Rakiq and president Bozhoviq, to undertake all necessary measures to cooperate satisfactory with other Municipal officials.



 


Ex-officio Report with Recommendations No. 498/2014 can be found on Ombudsperson Institution web page (the below given link).

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