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26.10.2017

The Ombudsperson published the Report with Recommendations concerning the delay of judicial proceedings in the Basic Court in Mitrovica

The Ombudsperson has delivered to the Basic Court in Mitrovica the Report with Recommendations related to the delay of judicial proceedings on deciding upon the Case No. 82/ 2013.

The Report is based on individual complaint related to the judicial matter of employment relationship, for compensation of personal incomes. For more than 14 years, the complainant is awaiting for Courts’ final decision regarding his case.
Based on complainant’s facts and proves as well as on case files in possession of the Ombudsperson Institution (OI) as well as based on revenant instruments and legal analyses, the Ombudsperson has ascertained that the complainant’s case, since 2003, without meritorious decision by the Courts, infringes the right to a fair trial, regular process, within a reasonable time, stipulated and ensured by Article 31 of the Constitution of Republic of Kosovo and Article 6 of the European Convention on Human Rights (ECHR).

Furthermore, delays of the judicial proceedings breach the rights to effective legal remedies ensured by Article 32 of the Constitution of Republic of Kosovo and Article 13of the ECHR; the right to a judicial protection of the rights stipulated in Article 54 of the Constitution of Republic of Kosovo; the right for the accelerated resolution of the employment relationship disputes determined with Article 475 of the Law on Contested Procedure.

On the bases of these findings gain upon investigations conducted to the case subject of this Report, the Ombudsperson recommends the Basic Court in Mitrovica to review the possibility of undertaking actions in deciding upon the case C. No. 82/2013, since this case dates since 3 March 2003.

Report with Recommendations, in its full form, has been delivered to the responsible authorities as well as disseminated to media and published on OI official web-page in the following link: http://www.ombudspersonkosovo.org/repository/docs/Raport_me_rekomandime_A_71-2015_Zvarritje_Procedure_921612.pdf
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