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23.2.2015

OMBUDSPERSON’S STATEMENT REGARDING VIOLATION OF THE RIGHTS OF THE FAMILIES VICTIMS OF THE WAR, THROUGH UNLAWFUL GOVERNMENTAL DECISION

February 23, 2015 – The Ombudsperson has initiated investigation regarding a number of complaints lodged with the Ombudsperson Institution (OI) in 2014 concerning acknowledgement and recognition of legal right for War civil victims. Complainants exposed their concerns regarding refusal of their requests for acknowledgement of civil victims’ status from the Department on Families of Martyrs, War Invalids and Civilian Victims of War of the Ministry of Labor and Social Welfare (MLSW).  


During the investigation, the Ombudsperson has come across a MLSW document number 171 of the 9th of June 2011, signed by former minister Mr. Nenad Rashiq and the secretary of this Ministry at the time given. This document has not been ever published oppose the fact that it has serve as a base for rejection of requests for admission of the status and recognition of rights of the categories determined with the Law on War Values.


Through this document former Minister Mr. Nenad Rashiq, without any legal base has recommended to the Department on Families of Martyrs, War Invalids and Civilian Victims of War to accomplish the number of applicants for pensions and beneficiaries until 31st of May 2011 and to reject any other request for recognition of any right.


Document issued from the former Minister of MLSW, even though without naming it as a decision has been handled and applied as decision and continues to have such power till nowadays. Initially this document has been applied for all categories, while later on 21st of January 2013 this decision has been abolished, continuing to be on force solely for restrictions of Civil War Victims.


Ombudsperson’s request for repeal and abrogation of decision number 171 has been disregarded by the former Minister Rashiq.  Same requests have been addressed to the current Minister of MLSW, Mr. Arban Abrashit, who disregarded entirely requests addressed to him by the Ombudsperson. Failure to respond on cooperation demanded by the Ombudsperson from Ministers Rashiq and Abrashi, comprise legal and constitutional violation.


Taking in consideration findings which prove human rights violation as well as refusal of the Government for cooperation, the Ombudsperson has decided to publish its complete Report, which has been submitted to the former Minister Rashiq in June 2014 and resend to the current Minister of MLSW, Mr. Abrashi, on 16th of January 2015

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