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

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with the Ombudsperson, as they constitute potential violations of human rights or abuses of authority. 338 11. Kosovo Security Force Under present legislation, the tasks of the Kosovo Security Force (KSF) are (i) to organize crisis response operations, (ii) to assist civil authorities in responding to natural and other disasters and emergencies, (iii) to dispose of explosive ordnance and, (iv) to assist civil authorities through civil protection operations. 339 While exercising these tasks, actions taken by the KSF may also constitute human rights violations or result in abuse of authority, e.g. by unlawfully taking or damaging private property or disproportionally restricting the freedom of movement of persons during crisis response or civil protection operations. Thus, actions taken by the KSF may also be classified as actions affecting third parties, as well as actions affecting the status and employment rights of KSF staff. Actions taken by the KSF, which affect third parties, may result in disciplinary proceedings against individual KSF members. 340 Such procedures may be initiated through a complaint by KSF members and/or any involved citizens in accordance with the Disciplinary Code of the Kosovo Security Force. 341 Complaints of individual KSF members, with regard to decisions affecting their status and employment rights, are dealt with separately in accordance with Regulation No. 09/2008 on Redress of Complaints for the Kosovo Security Force. 342 12. Kosovo Security Council In principle, the Kosovo Security Council has no executive powers, as it is mainly a forum for reviewing and developing security sector related policies and strategies. 343 Exceptionally, however, when the President of Kosovo declares a State of Emergency, the Kosovo Security Council is vested with executive authority. 344 In this capacity, the Kosovo Security Council is authorized to take all actions necessary to 338 UNMIK Regulation No. 2006/6, Section 3 339 Law on the Kosovo Security Force, Article 10.2 340 Ibid, Article 14.1 341 Kosovo Security Force Disciplinary Code No. 04/2008, Article 5. 342 Ibid, , Article 15.2. 343 Ibid, Article 2. 344 Ibid, Article 13.1. 94
deal with the emergency. 345 It is evident, that in exercising such executive authority, the Kosovo Security Council might also possibly violate human rights or abuse its authority. The Law establishing the Kosovo Security Council provides no legal remedies against such actions by the Kosovo Security Council. Nevertheless, complaints about such actions fall under the jurisdiction of the Ombudsperson. 346 Practice In its Annual Report 2007-2008, the Ombudsperson has reported 35 cases of complaints filed against the Kosovo Police, 347 while between 2008 and 2010 a further 8 complaints have been filed. 348 Only one complaint has so far been filed against the Kosovo Security Force 349 , while so far there are no complaints against the Kosovo Intelligence Agency, which has recently been established and whose operational capacities are still very limited. The complaints filed against the Kosovo Police primarily concerned alleged excessive use of force by police officers 350 , abuse and maltreatment by police officers 351 and also a case of domestic violence allegedly committed by a police officer 352 . There were also complaints filed by persons, who had applied for a position with the Kosovo Police and were rejected. 353 Complaints were filed by members of the Albanian and other communities. 354 The general perception of the Ombudsperson is that the investigations conducted by the Police Inspectorate are not that clear, and some complaints were dismissed because of lack of evidence. The Ombudsperson also questions the impartiality of the investigations, as they were conducted by an institution, which is under the authority of the Ministry of Internal Affairs, which has also authority over the Kosovo Police. There was also no evidence that the interventions and recommendations made by the Ombudsperson have been complied with. 345 Ibid, Article 13.2. 346 UNMIK Regulation No. 2006/6, Section 3.1 347 8 th Annual Report of the Ombudsperson dated 21 July 2008, p. 109. 348 Interview with Mr. Veton Vula, Director of Investigations, Ombudsperson Institution, dated 17 May 2010. 349 Interview with Mr. Veton Vula 350 8 th Annual Report of the Ombudsperson, p. 120 351 Ibid; p. 67 352 Ibid, p. 82 353 Interview with Mr. Veton Vula 354 Interview with Mr. Veton Vula and with Ms. Aleksandra Dimitijevic, Office of the Ombudsperson in Gracanica, dated 18.05.2010 95
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Publikuar nga: Qendra Kosovare për
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PËRMBAJTJA Lista e shkurtesave ...
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PËRMBLEDHJA EKZEKUTIVE Kuvendi i K
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themeluara të Kosovës. Në të ka
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që kanë të bëjnë me qytetarët
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Popullit është që mund ta vë n
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ndjek Avokati i Popullit kur e proc
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keqpërdorim të autoritetit, p.sh.
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ngritura në këto raporte. 49 E dr
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AUDITORI I PËRGJITHSHËM Legjislac
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E fundit por jo më pak e rëndësi
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aportin konfidencial duke identifik
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publike të Republikës së Kosovë
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duhet të trajtohet si organizatë
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perceptimi i neglizhimit të raport
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AGJENCIA KUNDËR KORRUPSIONIT Legji
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ishikim të planit të veprimit nuk
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shprehet me faktin, që Institucion
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3. Të shtohet presioni mbi qeverin
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5. Agjencia Kundër Korrupsionit i.
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Rapori i Auditorit të Përgjithsh
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Bojani Guzdic, Komunikacije za soci
Page 46 and 47: SPISAK SKRAĆENICA COMKFOR Komandan
Page 48 and 49: Zbog toga što su institucije bezbe
Page 50 and 51: 5. Osnivanje Institucije Ombudsmana
Page 52 and 53: Ombudsmana je ograničeno na kosovs
Page 54 and 55: godišnjeg plana budžeta direktno
Page 56 and 57: Ministra o pokretanju disciplinskog
Page 58 and 59: porodici koje je navodno počinio p
Page 60 and 61: Bez obzira na garancije nezavisnost
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Page 70 and 71: nedostatka reakcije Skupštine Koso
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Page 74 and 75: da preusmeri Agenciju i relevantne
Page 76 and 77: mnogi slučajevi kršenja ljudskih
Page 78 and 79: 1. uspostaviti mehanizme pravne za
Page 80 and 81: VIII. Agencija za borbu protiv koru
Page 82 and 83: OEBS-ovo Saopštenje za javnost od
Page 84 and 85: Bojana Guzdic, Communication for So
Page 86 and 87: LIST OF ABBREVIATIONS COMKFOR Comma
Page 88 and 89: therefore essential, that the indep
Page 90 and 91: standards, in particular the Europe
Page 92 and 93: legislation as to its compatibility
Page 94 and 95: Intelligence Agency (KIA) to the Om
Page 98 and 99: It is interesting to note that once
Page 100 and 101: politicization of the Ombudsperson
Page 102 and 103: y the President of Kosovo or one-th
Page 104 and 105: writing, a confidential report iden
Page 106 and 107: person, when conducting a security
Page 108 and 109: Practice With respect to the securi
Page 110 and 111: The Auditor-General has previously
Page 112 and 113: functions independently from any ot
Page 114 and 115: EULEX Anti-Corruption Task Force, w
Page 116 and 117: The independence of the Auditor-Gen
Page 118 and 119: the respective public authority, a
Page 120 and 121: clear allocation of responsibility
Page 122: Report of the Auditor-General on th
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Indpendent Agencies Report - Alb, Ser, Eng.pdf - QKSS

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