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12.8.2016

THE OMBUDSPERSON PUBLISHED THE REPORT RELATED TO NON-EXECUTION OF PLENIPOTENTIARY JUDGMENT

The Ombudsperson of the Republic of Kosovo today has published the Report regarding the Complaint No. 303/2015 related to non-execution of plenipotentiary judgment of the Municipal Court – now Basic Court in Prizren (C.no.462/10, dated 21.12.2011)


 


The Report is based on individual complaint filed with the Ombudsperson Institution (OI) against Basic Court in Prizren related to non –execution of plenipotentiary judgement of the Basic Court in Prizren as well as complainant’s allegation on unequal treatment and violation of the right of equality before the law and disrespect of the Law on Enforcement Procedure regarding actions undertaken in the process of execution of the decision.


 


After gathering of facts and reviewing of local and international legal instruments the Ombudsperson finds that:


 


· Authorities failed to undertake necessary actions for enforcement of judgment and therefore this is why the violation of the right to a fair trial within a reasonable time, guaranteed by par. 1 of Article 6 of European Convention on Human Rights, occurred.


· In the absence of an effective remedy, in the meaning of the violation of the right to a fair trial within a reasonable time, guaranteed by Article 6 of European Convention on Human Rights, there was violation of complainant’s right for an effective remedy, in conformity with Article 13 of European Convention on Human Rights.


 


Pursuant to these findings and in compliance with Article 135, par. 3 of the Constitution of Republic of Kosovo and Article 16, paragraph 4 and 8 of the Law No. 05/L-019 on Ombudsperson, the Ombudsperson recommends:


 


The Basic Court in Prizren :


- Considering the previous delays, the Basic Court in Prizren should ensure at the shortest time possible, without further delays, to undertake necessary and required actions for the execution and consistent application of the final form decision of the Municipal Court in Prizren P.no.462/10, dated 21.12.2011 in order to prevent the right of Mrs Gjorgjeviq without further delays, in conformity with the law as well as the norms and standards relating to the respect of human rights.


Kosovo Judicial Council:



To initiate compiling a legal instrument that would constitute an effective remedy in the meaning of Article 13 of European Convention on Human Rights, which ensures facilitation, in the form of prevention or reimbursement regarding the complaints on delay of judicial proceedings.



To ensure equality on the use of official languages in all courts, so that all procedures, documents, information and documents related to procedures should be issued within a reasonable time in the official language of parties.


 


Office of the Disciplinary Counsel:


 


Office of the Disciplinary Counsel should investigate the case regarding the duration of the enforcement procedure as well as potential misuse of the duty by responsible officials.


 


The above given Report, in its full form, has been forwarded to the responsible authorities today on 12 August 2016. In compliance with Article 132, paragraph 3 of the Constitution of Republic of Kosovo and Article 28 of the Law No. 05/ L-019 on Ombudsperson, the Ombudsperson awaits to be informed in written on actions undertaken regarding this issue, within thirty days period.


The Report No. 303/2015 related to non-execution of plenipotentiary judgment of the Municipal Court – now Basic Court in Prizren, (C.no.462/10, dated 21.12.2011) in a form as has been forwarded to responsible authorities, is published on OI official web page (HERE). The same is disseminated to media as well.

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