Ombudsperson published 11 Reports concerning delays of judicial proceedings in civil disputes
The Ombudsperson, on 1 December 2017 delivered 11 Reports with Recommendations to responsible authorities, 9 of which are for Court of Appeals, related to delays of judicial proceedings in civil disputes.
From the cases which were handled in these Reports, the Ombudsperson found that the average duration of these judicial cases review is approximately 10 years, but this average can further increase, since the cases continue to be reviewed from appropriate courts.
The Ombudsperson, based on European Court on Human Rights (ECtHR) practice, related to Article 53 of the Constitution of Republic of Kosovo, according to which human rights and fundamental freedoms guaranteed by this Constitution, are interpreted in compliance with judicial decisions of ECtHR, according to which calculation of time for handling of judicial case starts upon submission of the lawsuit to the competent court.
On the other hand, the Ombudsperson, based on the Constitution of the Republic of Kosovo, laws at force and international instruments on human rights, found out violation of a right to a regular judicial process, having in mind that “everyone is entitled to a fair and public hearing within reasonable time. “ Further, it has been found that violation of judicial protection of rights have occurred, taking in consideration that “ everyone enjoys the right of judicial protection if any right guaranteed by this Constitution or by law has been violated or denied and has the right to an effective legal remedy if found that such right has been violated “.
Thus, the Ombudsperson has recommended relevant courts that without further delays to undertake all relevant legal actions for reviewing and adjudicating cases for which it has been found that there were delays of court proceedings.
All 11 abovementioned Reports which deal with lengthy court proceedings in civil disputes, in their full form have been delivered to the responsible authorities as well as were disseminated to the media. Given Reports are also published on OI official website, on the relevant links, as follows:
Case No. 929/2016 Eljesa Krasniqi versus Court of Appeals
Case No. 690/2017 Agim Aliu versus Basic Court in Prishtinë – Branch in Lipjan
Case No. 553/2017 Afrim Dobruna versus Court of Appeals
Case No. 306/2016 Leotrim Tafallari versus Court of Appeals
Case No. 238/2015 Hasibe Tortulla versus Basic Court in Prizren
Case No. 236/2017 Esma Shijaku versus Court of Appeals
Case No. 262/2014 Dragan Mihajlović versus Court of Appeals
Case No. 503/2015 Albert Lekaj versus Court of Appeals
Case No. 500/2015 Muhamet Ukshini versus Court of Appeals
Case No. 477/2017 Xhafer Rushiti versus Court of Appeals
Case No. 161/2015 Ali Kurti versus Court of Appeals