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16.3.2016

THE OMBUDSPERSON PUBLISHED REPORT WITH RECOMMENDATIONS REGARDING VIOLATION OF THE RIGHT TO LIVING ENVIRONMENT

16 March 2016 – The Ombudsperson of Republic of Kosovo today has published Report with Recommendations 322/2015 on the bases of complaint lodged by Mrs. Samile Pruthi and 15 other families, residents of “Durgut Vokshi” Street in Gjakovë, regarding violation of the right to living environment.


The complaint admitted in the Ombudsperson Institution (OI) consisted on the fact that the residents of “Durgut Vokshi” Street in Gjakovë, have filed the complaint to the municipality of Gjakova in June 2015, due to inaccessibility to sewerage system and because of that disposal of sewage and atmospheric water on land surface, contaminating in this way the environment and endangering residents of this neighborhood towards the risk of infectious diseases outbreak.


According to Article 18, paragraph 1.2 of the Law on Ombudsperson No. 05/L-019, the Ombudsperson is entitled “to draw attention to cases when the institutions violate human rights and to make recommendation to stop such cases and when necessary to express his/her opinion on attitudes and reactions of the relevant institutions relating to such cases” On the other hand, after the legal analyses conducted, based on the Constitution of Republic of Kosovo (Article 52), on European Convention on Human Rights (Article 8), as well as assessments and findings of the European Court on Human Rights relating to the right of respect of private and family life as well as based on the Law on Local Self-governance No. 03/L-040 (Article 17), Law on Environmental Strategic Assessment No.03/L-230 (Article 1), Law on Environmental Protection, No.03/L-025, Law on Prevention of Infectious Diseases No.02/L-109, Law on Public Health No.02/L-78 (Article 6), Law on the Inspectorate of Environment, Waters, Nature, Spatial Planning and Construction No. 04/L-175 (Article 10), Law on Expropriation of Immovable Property No.03/L-139 (Article 1), the Ombudsperson has recommended the following :


1. That Gjakova municipality, in accordance with the powers and legal authority and in cooperation with all other responsible authorities, to undertake immediate steps in solving the problem of sewerage system for the residents of "Durgut Vokshi" Street in Gjakova.


2. That Directorate for Health and Social Welfare in Gjakova municipality, in accordance with the powers and legal authority, to undertake all necessary actions to detect epidemiologic and health condition of the residents of this area as well as the environmental pollution level. Depending from findings in the site, to draft written report and inform the residents and institutions about the situation and eventual hazards as well as undertake necessary measures for protection of residents’ health.


3. That Department of Urban and Environmental Protection of the Municipality of Gjakova, in accordance with the powers and legal authority, to initiate procedures of drafting the urban regulatory plan for “Durgut Vokshi” Street in Gjakova through which will be determined necessary environmental infrastructure for the inhabitants of this area, in accordance with relevant standards as the ultimate solution to this problem.


Ombudsperson’s full Report regarding the complaint No. 322/2015 of inhabitants of the “Durgut Vokshi” street in Gjakovë, regarding their problems that they have concerning living environment and obstacles to access the sewerage system, was submitted to Municipality of Gjakova, on 4 March 2016, actually to the Mayor of this municipality, to the Directorate of Health and Social Welfare as well as to the Directorate for Urbanism and Environmental Protection.


Pursuant to Article 132, paragraph 3 of the Constitution of Republic of Kosovo and Article 25 of the Law on Ombudsperson No.05/L-019, the Ombudsperson would like to be informed on the actions that the Municipality of Gjakova will undertake regarding this issue in response to the preceding Recommendation, but no later than 4 April 2016.


 


Full Report with Recommendations regarding complaint No. 322/2015, as has been delivered to responsible authorities, can be found on Ombudsperson’s official webpage (click here).  The same has been disseminated to media.

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