Legal framework (DAAC)

OI is an independent constitutional institution dealing with protection, monitoring and promotion of human rights and freedoms, established under the Constitution and the Law on Ombudsperson.

Powers, responsibilities and the basic normative rules governing the work of OI in the area of protection, monitoring and promotion of human rights and freedoms are defined under Articles 132, 133, 134 and 135 of the Constitution of the Republic of Kosovo; Law on Ombudsperson No. 05 / L -019, Anti-Discrimination Law No. 05 / L -021, the Law on Gender Equality No. 05 / L -020, as well as other special laws and this Regulation.

 

REGULATION No. 02/2016 ON RULES OF PROCEDURE OF THE OMBUDSPERSON INSTITUTION

SUBCHAPTER I

ADMISSION AND REVIEW OF COMPLAINTS

 

Article 34
Complaint lodging and initiation of procedure 

 

1.In accordance with Article 19 of the Law on the Ombudsperson, every person who claims that his rights or freedoms have been violated by any law, action or inaction, mismanagement of authorities, may submit a complaint and ask the Ombudsperson Institution to initiate the procedure.

2.The OI shall admit complaints in a form desired by the claimant, which may include personal visits to headquarters and regional offices, sending documents via mail, email or by fax to OI, complaint boxes, or through phone calls.

3.Procedure before the OI shall commence with submission of a claim, to the Main Admission Office or Regional Offices of the Ombudsperson Institution, in conformity with procedures prescribed hereunder.

4.Following the filing of a claim or any other initial document, the Department of OI responsible for admission and administration of claims shall assign a registration number.

 

Article 35
Administration and distribution of claims 

 

1.In the headquarters of OI in Prishtinë claims of alleged human rights violations, including actions or inactions which represent abuse of authority shall be admitted by Main Admissions Office, which operates within the Department responsible for receiving claims.

2.Claims shall also be admitted in all regional offices of the Ombudsperson Institution, which shall subsequently be forwarded and registered in the main office in Prishtinë for further processing.

3.In the course of 24 hours upon admission and registration  in OI, the Ombudsperson shall distribute claims, complaints or notifications assigning the division, i.e. the department under the jurisdiction of which falls the case investigation.

4.In the case of absence of Ombudsperson, this distribution shall be done by the Primary Deputy Ombudsperson or any other Deputy appointed by him.

 

Article 36
Forms of complaint lodging

 

1.Natural and legal persons, wishing to initiate proceedings for review and investigation of a claim with the OI, shall submit their complaints in writing or verbally in one of the official languages in Kosovo or in one of languages in official use in Kosovo.

2.Persons unable to submit a written complaint shall be allowed to articulate it verbally, in which case, the legal adviser shall take notes on the complaint, claim or notification, clearly stating that the claimant is illiterate and shall sign it in the presence of a third person.

 

Article 38
Claim Form

 

1.The claim form shall contain the following data and information:

1.1.Claimant’s personal data, address of residence as well as contacts;

1.2.State body, local authority or the body vested with public authority to whom the claim applies;

1.3.Summary and description of alleged violations of fundamental human rights and freedoms, including actions or inactions which represent abuse of authority;

1.4.Facts, evidence, information and copies of any relevant documents corroborating the claim;

1.5.Any official document, original or photocopy substantiating the claim;

1.6 Indication of public authorities, which have been previously notified with the case, and whether the subject-matter is presently under adjudication;

1.8Evidence of delay or refusal of the competent body to resolve the claim or complaint within the time limits prescribed by law;

1.9.Listing of legal remedies, which have been previously applied in the concrete case;

1.10.In case the complaint is filed by the attorney or other authorized person, the claim shall be accompanied by appropriate authorization;

2.The documents may be submitted in any official language of Kosovo or in any of the official languages in official use in Kosovo. In cases when the documents attached to the request are not in one of official languages or in languages in official use in Kosovo, they shall be accompanied with certified translation into one of the official languages.

 

Article 45
Inadmissibility of Claim

 

1.If the relevant department concludes that the claim does not meet the formal requirements for further processing and is therefore inadmissible, for reasons outlined in Article 21, paragraph 1.3 of the Law on Ombudsperson, the department director shall submit draft decision to a Deputy Ombudsperson, which shall contain the grounds for inadmissibility of the claim, through which the claim is dismissed on the grounds of inadmissibility.

2.The Deputy Ombudsperson shall review the claims, starting from recommendations and technical instructions of the preliminary report prepared by the relevant department, i.e. the legal adviser.

3.Draft decision on inadmissibility of the claim by the Deputy Ombudsperson, with appropriate evaluation, shall be immediately submitted to the Ombudsperson for further review and decision.

4.In accordance with Article 21, paragraph 2 of the Law on the Ombudsperson, the Ombudsperson shall sign and promulgate the decision dismissing the claim on the grounds of admissibility in the course of 30 (days) upon receipt of claim,, as defined in paragraph 1.3 of Article 21 of the Law on Ombudsperson.

5.In all cases of decisions under Article 21, paragraph 1 of the Law on Ombudsperson, the Ombudsperson shall notify the party in writing within thirty (30) days upon receipt of claim.

 

Article 47
Final form of the claim

 

Based on Article 22, paragraph 2 of the Law on Ombudsperson, the Ombudsperson’s decision to dismiss or to reject the claim is final and binding and no regular and/or extraordinary legal remedies may be exercised.

 

Article 84
Work plan

 

1.Activities of the OI are set out under Annual Work Plan, adopted by the Ombudsperson.

2.The Annual Work Plan shall comprise:

2.1.an overview of responsibilities and activities;

2.2.information on objectives planned to be achieved, related to general and specific objectives arising from three-year Strategic Plan (Program);

2.3.budgetary cost of the planned activities, and

2.4.data on the most important risks that may affect achievement of certain objectives.

3.All OI departments, offices and units shall approve work plans, based on the general work plan and strategic objectives of the OI, set out in the IO Strategic Development Program.

 

Article 85
Ombudsperson’s Annual Reports

 

1.In accordance with its obligations derived under Article 29 of the Law on the Ombudsperson and specific laws, the Ombudsperson shall present before the Assembly of the Republic of Kosovo regular Annual Reports for the year ended, by 31 March of the next year.

2.Drafting of the Annual Report shall be based on the annual performance reports of departments and respective units in OI.

3.The summarized Annual Performance Report of the relevant Departments shall be initially review by the IO Panel and shall then be forwarded to the Ombudsperson for approval, no later than 15 of December each calendar year.

4.The Ombudsperson’s Annual Report shall contain findings on the compliance level with the  fundamental human rights and freedoms and legal protection of the citizens of the Republic of Kosovo; information on the work of National Preventive Mechanism against torture, anti-discrimination and gender equality, statistical presentation of received and processed claims, description of typical cases of violations or mismanagement as well as an overview of other activities of interest for protection, monitoring and promotion of human rights.