Constitution of Republic of Kosovo, it its XII Chapter determines the role and the competencies of the Kosovo Ombudsperson, as well as further the Law No. 05/L-019 on Ombudsperson, which regulates Ombudsperson Institution (OI) organizing and functioning, responsibilities and OI work model, as well as regulates procedures for lodging complaints and investigation of them.

Ombudsperson Institution represents legal mechanism for protection, monitoring and promotion of human rights and fundamental freedoms of natural and legal persons from unlawful and irregular actions or inactions of the public authorities, institutions and persons or other authorities, who exercise public authorities in the Republic of Kosovo as well as acts as a National Mechanism of prevention of torture and other cruel, inhuman and degrading treatments and punishments within all places where persons deprived of their liberty are placed, including police retention, pre-trial detention facilities, stay in health institutions, customs detention, immigration detention as well as all other facilities where suspicions on violation of human rights and fundamental freedoms may occur.

Furthermore, the Ombudsperson is an equality mechanism for promotion, monitoring and support of equal treatment without discrimination on the bases protected by the Law on Gender Equality and the Law on Protection from Discrimination, laws which jointly with the Law on Ombudsperson, comprise the legal package of human rights, which have entered into force in July 2015.

The Ombudsperson is independent on exercising her/his duties and does not accept any instructions or intrusions from the organs, institutions or other authorities exercising state authority in the Republic of Kosovo. As an independent institution is governed by the principle of impartiality, independence, preeminence of human rights, confidentiality and professionalism.

With the aim to identify problems and secure information on alleged violations, the Constitution and the Law on Ombudsperson oblige each body, institution or other authority, which exercise legal power in the Republic of Kosovo, to respond on Ombudsperson’s requests and disclose to him all requested documents and information.

The Ombudsperson conducts investigations, issues recommendations, publishes reports as well as advocates for human rights and freedoms. In cases when investigations conducted by OI legal advisers result that the violation of human rights have occurred, the institution may request additional information from public authorities and give recommendations for respective responsible authorities. In cases when the Ombudsperson considers that a practice or the general situation does not comply with national and international standards on human rights, it impacts an individual or wider, compiles special reports, which involve also recommendations addressing to the Assembly of Kosovo aiming to improve the situation created as well as its harmonization with national and international standards on human rights.

Ombudsperson can advocate and influence on advancement of human rights through media as well.

OI has the possibility to initiate Ex Officio investigation (without individual complaint) for suspicions of human rights violation. Furthermore its mission is to observe policies and laws adopted by national authorities, in order to ensure that they are in compliance with human rights standards and requests of good governance.

Even though OI deals with investigations concerning delays of judicial proceedings on deciding upon the cases, OI does not replace the Court and cannot investigate crimes directly or change court’s decisions or issue binding decisions. The Ombudsperson can appear in the capacity of a friend of the Court (amicus curiae) in judicial proceedings which deals with human rights, equality issues and protection from discrimination.

The Ombudsperson can initiate cases in the Constitutional Court in compliance with the Constitution and the Law on Constitutional Court.

The Ombudsperson also exercises his/her competencies through mediation and reconciliation.

OI does not conduct investigation on the issues related to disputes between private persons.

Services provided by the Ombudsperson Institution are free of charge.

The OI may offer legal services regarding complaints of Kosovo citizens addressing public authorities outside Kosovo by forwarding these complaints to relevant institutions (in most cases to homologues institutions – to the Ombudsman) in the other country or to another homologues institution.

The main OI challenge and objective remains its establishment and development, which is so called culture of good governing, which implies good administration, transparency and accountability of the public administration towards Kosovo citizens, as well as strengthening of the rule of law in general. The OI engagement for balancing of a relationship between the citizens and public administration, which intends to help the citizens, has exactly the same purpose. Ombudsperson’s recommendations aim improvement of standards and the quality of public administration’s services provided to the citizens.

Intention of the Ombudsperson’s efficient activity is to increase the confidence of the people on the institution and administration by providing coherent relation between the citizen and the public administration. This is necessary for the functioning of democracy. Due to this, the Ombudsperson is a part of those institutions, which are considered as the guarantor of democracy, of a legal state and of human rights.

Complaints of legal and natural persons can be lodged with the OI based on simple and free of charge procedure. Admission of complaints is done in Main Office as well as OI regional offices. The complaints may be referred to actions, inactions or decisions issued by the public authorities, which the complainants may regard as unjust and unfavorable. In handling such complaints, actions of the legal advisers in charge are addressed on provision of legal advices, data requesting and information by public relevant authorities, from the Courts and other important institutions regarding lodged complaints, as well as monitoring of certain court proceedings. In cases that require immediate actions, the OI submits request for interim measures. As per this issue, the mode of action changes, based on the nature of individual cases.