The Ombudsperson published Report with recommendations regarding delays on appointment of members of the Board of Directors of Privatization Agency of Kosovo

30/10/2015

30 October 2015 – The Ombudsperson has received a number of complaints against Privatization Agency of Kosovo (hereinafter PAK) regarding delays in distribution of incomes or compensation of SOEs’ creditors in liquidation.

Based on Article 18, paragraph 1.2 of the Law on Ombudsperson No. 05/L-019, the Ombudsperson has responsibility “to draw attention to cases when the institutions violate human rights and to make recommendation to stop such cases and when necessary to express his/her opinion on attitudes and reactions of the relevant institutions relating to such cases.”

The Ombudsperson considers that non-appointment of PAK Board, which has a crucial role, inter alia, in endorsement on distribution of funds and creditors’ compensation, represents interference into complainants’ property rights as well as represents violation of the right to a fair and impartial trial.

Ombudsperson’s Report published today, addressed to responsible institutions, contains the following recommendations:

1. The Government of the Republic of Kosovo to take all necessary actions to propose three members of the Board of Directors of the Agency in accordance with article 4, paragraph 3 of Law no. 04 / L-115 on amending the supplementing of laws relating to end of international supervision of independence of Kosovo.

2. The Assembly of Kosovo as soon as possible to appoint PAK Board members so that the Boards is completed and become operational or at least have the necessary quorum, in order to prevent violations caused by the lack of the Board.

3. Actors involved on nomination and appointment of PAK Boards members to deploy procedure for appointment of three members, who until August 31, 2014 had been appointed by International Civilian Representative.

This Ombudsperson’s Report with Recommendations regarding delays in appointment of members of the Board of Directors of Privatization Agency of Kosovo, as has been forwarded to the respective institutions, can be found in OI official web page. The same is distributed to media.