Acting Ombudsperson has drawn UNMIK’s attention regarding the implications arising from the failure of the courts and prosecutor’s office to function in the northern part of Mitrovicë/Mitrovica, in a letter addressed to the Special Representative of Secretary-General Joachim Rücker, and asked to take prompt measures in order to reactivate these bodies of importance to establish justice.
In this regard, the Acting Ombudsperson stressed that the created situation in the north poses a serious human rights violation as it directly affects the right of a certain number of citizens of the area that includes one town and forty-nine villages, to access the court in order to have their disputes settled.
However, being aware about the difficulties that UNMIK is facing with regard to the security in general, Mr. Jashari considers that it is indispensable to find a solution as soon as possible regarding this matter.
Acting Ombudsperson, reminded the SRSG that the right to access court is an inherent part of the fair trial principles as it secures to everyone the right to have any claim related to their civil rights brought before a court, and as such, it places an obligation upon authorities to take positive steps in order to make the court accessible to everyone.
Mr. Jashari has also drawn the attention to and said that any further delay to make the courts accessible in the northern part of Mitrovicë/Mitrovica may further jeopardize the functioning of the rule of law and all other values protected by it.
On 21 February 2008, the Court and Prosecutor’s office in Mitrovicë/Mitrovica discontinued functioning, following the protest organized by former Serbian employees of the Court, which resulted in considerable material damage and loss of human life.