Indpendent Agencies Report - Alb, Ser, Eng.pdf - QKSS

people of Kosovo have suffered abuse from public authority and the security institutions, used as
instruments of political repression and to seriously violate fundamental rights and freedoms. It is
essential that Kosovo becomes a democracy with full adherence to the rule of law and respect for human
rights. Therefore, the country needs independent institutions, capable of ensuring the required checks
and balances, to keep the security institutions within their constitutional limits.
The purpose of the present study is to assess the Ombudsperson Institution, the Auditor-General and
the Anti-Corruption Agency. They are the most important independent institutions, with the capacity to
control the security institutions and to ensure the required accountability and public transparency.
This study will assess the performance of these three independent institutions and the relevant security
sector legal framework to identify their institutional and instrumental strengths and weaknesses. The
assessment will be followed by an outline of the practical implementation of the relevant legislation,
focusing in particular on the role of the Government, the Assembly and the Justice Department in
supporting the independent institutions. It will also identify current structural and systemic problems
which hamper their effectiveness. The study will formulate conclusions and recommendations on how
to improve the functioning of the Ombudsperson Institution, the Auditor-General and the Anti-
Corruption Agency. The methodology applied here is primarily based on an interpretative analysis of
the relevant legislation and a qualitative analysis of factual practice. The study also reviews available
existing reports and includes interviews with stakeholders from both the public sector and civil society.
THE OMBUDSPERSON
V. Legislation on the Ombudsperson
8. Establishment of the Ombudsperson Institution
The UN Special Representative established the Kosovo Ombudsperson Institution in June 2000 312 , which
at that time was the supreme legislative and executive authority in Kosovo under UN Security Council
resolution 1244 (1999). The key purpose of the Ombudsperson was to promote and protect the rights
and freedoms of individuals and legal entities and ensure that all persons in Kosovo are able to exercise
effectively the human rights and fundamental freedoms safeguarded by international human rights
312 UNMIK Regulation No. 2000/38 on the Establishment of the Ombudsperson Institution in Kosovo, Section 1.
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