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06.11.2015

THE OMBUDSPERSON PUBLISHED TWO REPORTS REGARDING LENGTH OF JUDICIAL PROCEEDINGS

The Ombudsperson of Republic of Kosovo has published today two separate Reports regarding length of the judicial proceedings.


The first case has to do with the Complaint No. 66/2015 regarding length of the judicial procedure in the Basic Court, branch in Graçanicë, lodged with the Ombudsperson Institution on February this year.


In his complaint the complainant claims that he has been waiting for the decision of first instance Basic Court for more than six years. The given court set three hearings in 2013, after four years of inactivity, while the last undertaken by the court occurred two years ago and until now no additional procedural step has been taken regarding the case, which requires urgency in action as it deals with working relation dispute. This lengthy judicial proceeding comprises breach of his right to a regular process within a reasonable timeframe, guaranteed with paragraph 1 of Article 6 of the European Convention on Human Rights. Furthermore the Ombudsperson observes that no legal remedy was left on his disposal through which the complainant in the given case could have complain for lengthy proceeding with the possibility of gaining preventive or compensatory relief, which represents violation of the complainant’s right for effective legal remedy guaranteed by Article 13 of the European Convention on Human Rights.


Thus the Ombudsperson recommends the Basic Court in Prishtinë to:


·         Ensure, considering previous delays occurred, that the Basic Court in Prishtinë/Priština, branch in Graqanicë/Gračanica to continue with the proceeding of complainant’s case, without any further delay


The Ombudsperson recommends the Government of Kosovo  in cooperation with Kosovo Judicial Council to:


·         Provide financial means and appoint sufficient number of judges to the Basic Court and its branches or to take other necessary means to ensure timely review of cases and delivery of judgments to all parties within a reasonable time .


The Ombudsperson recommends to the Kosovo Judicial Council to:


·         Initiate drafting of an effective legal remedy which will comprise an effective remedy in the sense of Article 13 of the European Convention on Human Rights, which will ensure mitigation in a form of preventive and compensatory relief with respect to complaints on excessive lengthy court proceedings.


Full Ombudsperson’s Report regarding complaint No. 66/2015, concerning length of judicial procedure in the Basic Court in Prishtina, branch in Graçanicë was addressed to the Basic Court in Prishtinë, Government of Republic of Kosovo and Kosovo Judicial Council and expects response on concerns raised regarding the case but not later than 6 December 2015.


Full Report, as has been forwarded to responsible institutions, you can find published on OI official web page (click here). The same is disseminated to media as well.


Another Report has to do with Complaint No. 305/2015 regarding not execution of the final decision, regarding the case E.No.193/2008, of 18 March 2008 by Basic Court in Prishtinë. The scope of this Report is to draw attention of the Basic Court in Prishtina regarding the need of undertaking appropriate actions for execution of final decision of this case  without further delays.


This report is based on complaint lodged and is supported on complainant’s facts and proves as well as case files that the Ombudsperson Institution (OI) has regarding delays of the judicial proceedings in execution of court’s decision.


Taking in consideration complainant’s claim regarding the failure of Basic Courts to decide on his case, the Ombudsperson, based on analysis of the evidence and facts presented, notes that the right to a fair hearing within a reasonable time and the right to an effective legal remedy, guaranteed by above mentioned legal acts, has not been achieved, since the Basic Court has delayed on execution of complainant’s case for more than 7 years, the proceedings of which were initiated in 2002 and no final decision has been rendered until the day this report has been published; excessive delays of the judicial procedures and not execution of court’s decision  are apposite  to the right to fair trial within a reasonable time, as guaranteed by Article 31, 32 and 54 of the Constitution of the Republic of Kosovo as well as paragraph 1 of Article 6 of the ECHR. Actually in a sense of infringement of his right to fair and public hearing and within reasonable timeframe, guaranteed by Article 6 of the ECHR, comprise violation of his right an effective legal remedy according to Article 13 of the ECHR.


Thus the Ombudsperson, in compliance with Article 135, paragraph 3 of the Constitution of Republic of Kosovo and Article 16, paragraph 8 of the Law on Ombudsperson  as well as based on legal analyses in a capacity of recommendation provider, attending above given proves and evidence, aiming improvement of the work of legal system in Kosovo


Provides recommendation to the Basic Court in Prishtinë


·         To undertake immediate measures for execution of Court’s final decision of the case E. No. 193/2008, of 18 March 2008.


Full Ombudsperson’s Report regarding complaint No. 305/2015, regarding not execution of the final decision in case E.No.193/2008, of 18 March 2008, by Basic Court in Prishtinë was addressed to the Basic Court in Prishtinë and awaits response on the concerns introduced regarding the case but no later than 7 December 2015.


Full Report, as has been forwarded to responsible institutions, can be found published on OI official web page (click here). The same is disseminated to media as well.

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