urgent request for interim measures - Ombudspersonkosovo.org

Marek Antoni Nowicki
Ombudsperson
OMBUDSPERSON INSTITUTION in KOSOVO
INSTITUCIONI I OMBUDSPERSONIT në KOSOVË
INSTITUCIJA OMBUDSPERSONA na KOSOVU
____________________________________________________________________
Address: Str. Agim Ramadani – (Ex "Kosovodrvo" building), Pristina KOSOVO
Adresa: Rr. Agim Ramadani – (Ish ndërtesa "Kosovodrvo"), Prishtinë KOSOVA
Adresa: Ul. Agim Ramadani – (Bivša zgrada "Kosovodrvo"), Priština KOSOVO
Tel: ++381 (0) 38 501 401, 545 303, 540 447, 548 087, Fax: ++381 (0) 38 545 302
e-mail: ombudspersonkosovo@ombudspersonkosovo.org
web site: www.ombudspersonkosovo.org
11 June 2004
Mr. Charles Brayshaw
Acting Special Representative of the Secretary-General
Dear Mr. Brayshaw,
URGENT
REQUEST FOR INTERIM MEASURES
Registration No. 1354/04
Hydaverdi Mustafa
against
the Municipality of Peja/Pec
From the above-mentioned application, received on 13 May 2004, it appears that the
applicant, Mr. Hydaverdi Mustafa, complains about the non-execution of a decision of
13 April 2004 issued by the Directorate for Urban and Rural Planning
(nr.05.354/259). In this decision, following the applicant's request, the Directorate of
Urban and Rural Planning had ordered a third person to stop the illegal construction
of an apartment building ten meters from the applicant's house on Nushiq Street in
Peja/Pec.
On 5 May 2004, the applicant addressed a letter to the Executive Director of the
Municipality of Peja/Pec, in which he requested the Municipality to execute the
above-mentioned decision. He also informed the Executive Director that the illegal
construction of the above-mentioned apartment building was still continuing.

Indeed, the excavation for the foundation of the above-mentioned apartment building
was dug so close to the applicant's garage that the garage has now slid into the
excavation (see copies of photographs enclosed). The applicant now fears that if the
construction for the apartment building will continue as before, it may entail a certain
risk for the his house as well.
Pursuant to my authority under Section 4.6 of UNMIK Regulation 2000/38 on the
Establishment of the Ombudsperson Institution in Kosovo and Rule 16.2 of the Rules
of Procedure, I am hereby requesting that you take urgent action to ensure that the
Municipality of Peja/Pec put an end to the illegal construction of the apartment
building on Nushiq Street, pending my further investigations in this case, so as to
prevent further harm to the properties nearby the construction site.
Yours sincerely,
Marek Antoni Nowicki
Ombudsperson
encl. Copy of the notice of the Municipality of Peja/Pec concerning the
execution of its decision of 13 April 2004 (nr. 05354295)
Copy of the applicant’s request to execute the decision of 5 May 2004
Copies of photographs taken of the illegal construction site on Nushiq
Street in Peja/Pec
cc: Mr. Ethem Çeku, Minister of Environment and Spatial Planning
Mr. Anthony Thomson, UNMIK Administrator in the Municipality of
Peja/Pec
Mr. Ali Lajqi, President of the Municipality of Peja/Pec
Mr. Ramiz Zeka, Executive Director in the Municipality of Peja/Pec
Mr. Masar Gafuri, Director of the Directorate of Urban and Rural
Planning in the Municipality of Peja/Pec