The Ombudsperson of Republic of Kosovo today has published the Report with Recommendations for the Complaint no. 201-2015 regarding recognition and verification of the status of national martyrs, Kosovo Liberation Army invalids or KLA internee.
This Report is based on the complaint lodged by Mr. Behram Krasniqi, member of the Association of Families of KLA Martyrs against Governmental Commission for recognition and verification of the status of national martyrs, Kosovo Liberation Army invalids or KLA internee, (hereinafter Governmental Commission , due to not recognition of the status of martyrs died within the period 1968-1990. .
The scope of this Report is to draw attention of the Government of Kosovo Republic, of the Ministry of Labor and Social Welfare (MLSW) and the Governmental Commission regarding the Article 8, paragraph 2 of the Law No.04/L-054, on the Status and Rights of Martyrs, Invalids, Veterans, Members of Kosovo Liberation Army, Civilian Victims and their Families (further: Law).
Based on Article 18, paragraph 1.7 of the Law on Ombudsperson No. 05/L-019, the Ombudsperson is authorized “to recommend promulgation of new Laws in the Assembly, amendments of the Laws in force and promulgation or amendment of administrative and sub-legal acts by the institutions of the Republic of Kosovo.”
The Ombudsperson did not manage to ensure information regarding the official stand of the Governmental Commission in relation to requests of martyrs’ families, who were killed within different historical periods because of lack of cooperation by the Governmental Commission, despite the fact that failure of authorities, institutions and bodies that exercise legal power in the Republic of Kosovo to respond on Ombudsperson’s requests comprise violation of Article 132, paragraph 3 of the Constitution of the Republic of Kosovo and of Article 25 of the Law No.05/L-019 on Ombudsperson.
However, based on legislation in force, the Ombudsperson observes that Article 8 of the Law No. 04/L-054 determines the right to pension and benefits for the families of KLA martyrs and missing persons, while paragraph 2 of the Article 8, specifically defines that:
“These rights shall be realized by all families of the nation martyr, fallen in different forms for the freedom of the country in different historical periods”.
The Ombudsperson observes that according to the Law, Article 3 paragraph 1.6, National Martyr is considered to be a KLA fighter who:
1.6.1. has died in war for liberation of the country from 1997-1999;
1.6.2. was wounded in the war for liberation of the country and has died from the wounds within three (3) years after the end of the war.
The Ombudsperson ascertains that Article 8, paragraph 2 of the Law has created legitimate expectations for the martyrs’ families who were killed in different historical periods, as per accomplishment of their rights. Failure to fulfill legitimate expectations of martyrs’ families from authorities of the Republic of Kosovo, comprise violation of human rights stipulated by law.
Based on the principle of implementation of legislation and with the aim to improve and increase the efficiency of public administration bodies, the Ombudsperson, in compliance with Article 135, paragraph 3 of the Constitution of Republic of Kosovo as well as Article 18 paragraph 1.7 of the Ombudsperson, recommends:
Government of Republic of Kosovo to give mandate to the Governmental Commission for recognition and verification of the status of national martyrs, Kosovo Liberation Army invalids or internee of the KLA or to establish new commission which will review requests for recognition of the status of national martyrs died in different historical periods according to determination of Law itself.
Ministry of Labor and Social Welfare, with support of the Government of Republic of Kosovo to undertake initiative for amending and supplementing of the Law No. Nr.04/L-054, on the status of national martyrs, invalids, veterans, members of Kosovo Liberation Army so that definitions of the Law be in harmony with Law content.
This Report with Recommendations of the Ombudsperson for the Complaint No. 201/2015, has been delivered to responsible institutions: Government of Kosovo Republic, the Ministry of Labor and Social Welfare and the Governmental Commission for recognition and verification of the status of national martyrs, Kosovo Liberation Army invalids or KLA internee and waits response on recommendations raised regarding the case but not later than 28 November 2015.
Full Report regarding this case, as it has been forwarded to the responsible institutions, is published on OI web page (you can find it here) and is disseminated to media as well.
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