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

standards, in particular the European Convention on Human Rights and its Protocols and the
International Covenant on Civil and Political Rights. 313 To achieve this purpose, the Ombudsperson was
tasked to develop and provide accessible and timely mechanisms for the review and redress of actions,
constituting a possible abuse of authority, by the interim civil administration or any emerging central or
local institution. 314 The term “emerging central or local institutions” was included in the legislation
because at the time, when the regulation on the Ombudsperson was promulgated by UNMIK, there
were no self-government institutions in Kosovo, although they were about to be established. Although
appointed by the SRSG, the Ombudsperson was immediately granted independence in the exercise of
the powers vested in it. 315
The Ombudsperson had legal authority to receive and investigate complaints from any person or entity
in Kosovo concerning possible human rights violations and actions constituting a possible abuse of
authority by the interim civil administration, or any future, central or local institution that would be
established by UNMIK. 316 The Ombudsperson’s jurisdiction was confined to the territory of Kosovo but
the Ombudsperson could also offer its good services to Kosovar citizens outside Kosovo. 317 With regard
to the international military presence (KFOR), the Ombudsperson was authorized to negotiate and sign
a cooperation agreement with the Commander of the Kosovo Forces (COMKFOR); without such
agreement the Ombudsperson had no jurisdiction over matters related to KFOR. 318
The powers of the Ombudsperson included the authority to receive complaints, monitor, investigate,
offer good offices, take preventive steps, make recommendations and provide advice. 319 If it concluded
that a public authority had indeed violated human rights, the Ombudsperson was entitled to directly
intervene with the relevant authorities, which were required to respond within a reasonable time. 320 This
intervention could also include a recommendation to the competent authorities that disciplinary or
criminal proceedings be initiated against specific, incriminated persons, or that the enforcement of a
313 Ibid, Section 1.1.
314 Ibid, Section 1.2.
315 Ibid, Sections 6.2 and 2.1.
316 Ibid, Section 3.1.
317 Ibid, Section 3.2.
318 Ibid, Section 3.4.
319 Ibid, Section 4.1.
320 Ibid, Section 4.5.
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