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

legislation as to its compatibility with international human rights standards, in addition to the existing
competence to investigate human rights violations or abuses thereof by Kosovo Institutions.
The Ombudsperson retains its powers to access and examine files and documents of any Kosovo
Institution and to enter and inspect any place where persons remain while being deprived of their
freedom. However, it is explicitly provided that the Ombudsperson can be denied access to documents
if the release of such information is restricted by legislation protecting personal privacy. Moreover,
when the Ombudsperson concludes, after investigation, that specific human rights violations or abuses
of authority did take place, it is still limited to submitting recommendations to the relevant public
institution. Even if the Ombudsperson directly contacts a public authority regarding a complaint, or
recommends the suspension of the execution of a decision because it may result in irreparable harm, this
does not necessarily mean that the respective public authority must implement the recommendation
proposed by the Ombudsperson. 323 In the event that the addressed public authority does not comply
with the recommendation, the only remedy available to the Ombudsperson is to inform the Assembly of
Kosovo and the Government and to make a public statement about it.
10. Constitution of the Republic of Kosovo
The Constitution of the Republic of Kosovo, which entered into force on 15 June 2008, gives the
Ombudsperson the status of an institution established and protected directly by the Constitution. Under
the new constitutional setting, the Ombudsperson is appointed by the Assembly of Kosovo. Thus, the
independence of the Ombudsperson is guaranteed by the Constitution, and it is now a constitutional
requirement for every body, institution or authority exercising legitimate powers of the Republic of
Kosovo to respond to the requests of the Ombudsperson e.g. to submit requested documentation and
information in conformity with the law. The constitutional function of the Ombudsperson is to monitor,
defend and protect the rights and freedoms of individuals from unlawful or improper acts or failures to
act by public authorities. This is a very broad formulation. Hence, it is unclear whether it covers merely
the public authorities established by the Constitution of the Republic of Kosovo, or whether it also
extends to other public authorities operating in Kosovo, e.g. the International Civilian Presence, the EU
Rule of Law Mission (EULEX), KFOR and the UNMIK. However, the Constitution restricts the powers
of the Ombudsperson to making recommendations and proposing actions when it concludes that
violations of human rights and freedoms by the public administration or state authorities did take place.
323 Ibid, Sections 4.6 and 4.7.
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