The Ombudsperson, on 29 May 2018, delivered to the Court of Appeals and to the Basic Court in Prishtina 23 Reports with Recommendations in total, 17 of which for the Court of Appeals while 6 for the Basic Court in Prishtina regarding the delay of court proceedings in civil disputes.
For the cases which were under reviewed in these Reports, the Ombudsperson found that the judicial procedures last up to 14 years and that this time is likely to be further extended, since the same continue to be under review by respective courts.
On the other hand, the Ombudsperson, based on the Constitution of Republic of Kosovo, laws at force as well as human rights international instruments has ascertained that there is violation of the right to a regular judicial process, having in mind that “everyone is entitled to a fair and public hearing within a reasonable time”. It has also been ascertained that violation of judicial protection of rights have occurred, having in consideration that “Everyone enjoys the right of judicial protection if any right guaranteed by this Constitution or by law has been violated or denied and has the right to an effective legal remedy if found that such right has been violated”.
As per this issue the Ombudsperson recommended respective Courts, that without further delays, undertake all respective legal actions for reviewing and deciding upon the cases, for which has found that excessive delays of judicial procedures have occurred.
On this occasion the Ombudsperson reiterates that on 6 of March 2018, an Ex Officio Report No. 129/2018 has been issued by the Ombudsperson Institution, through which he has recommended to the government establishment of a mechanism for prevention of violation of the right to a trial within a reasonable time frame or forms of citizens’ compensation, who might be the victims of such violations.
All 23 Reports with Recommendations of 29 of May 2018, which deal with delay of courts procedures in civil disputes, as delivered to the responsible authorities, in their full form were disseminated to media as well. Reports were published on OI official web page, in the following links: