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2 No. 6 October 2007 Two sides to every story From time to time media in Kosovo and Serbia proper publish critical stories about the work of Kosovo Property Agency (KPA). This is off course media’s prerogative in a democratic society where the principles of free speech and the freedom of press are highly valued. And just like any other public and private institutions also the KPA will not be able to perform its work in a way that will satisfy everyone. However, quite often many of the critical media reports about the KPA are based on allegations from only one of the parties to the proceedings before the agency. In such cases it is important to remember that there are always at least two different sides to a story, even though the picture might seem quite black and white if you read a story in a newspaper or watch a reportage on TV. Important information: Claims submitted by a family household member of the property right holder Family household members may submit a claim to KPA on behalf of the property right holder, provided that property right holder is prevented from submitting the claim himself/ herself. This means that spouse, children, grandchildren, parents, grandparents, and brothers/sisters may file a claim to the KPA on behalf of the property right holder. Any other person who wants to submit a claim on behalf of the property right, must be in possession of a valid power of attorney signed by the property holder and certified by a competent court. Deceased property right holder If the property right holder is deceased the family house hold member/heir who is claiming a property with KPA must submit a death certificate and/or inheritance decision to KPA before we can process the claim. If you have already filed a claim to KPA without submitting death certificate and/or inheritance decision, you must submit these documents to a KPA office as soon as possible. Unless these required documents are submitted without delay, the claims will be processed without said documents and may be recommended to be dismissed by the Secretariat. Transparency is a core principle for the KPA. We believe that the highest level of transparency possible is necessary in order for the agency to earn the confidence and trust off all citizens in Kosovo. In this respect we welcome everyone who wants to scrutinize the work of the KPA. Even if the KPA sometimes faces very harsh criticism in media from parties to a property claim, there are limitations to what kind of information, details, and comments the agency can reveal to the media. <strong>The</strong> KPA, is just like the regular courts bound by rules of data protection and protection of privacy. Mohlan/Movljane, 5 October 2007: However, there are certain facts that apply to all claims submitted to the KPA. <strong>The</strong> KPA treats all parties to a claim equally. It is solely the applicaple laws in Kosovo and the evidence and legal arguments presented by the parties to a claim which will determine the outcome of decision made by the KPA, and nothing else. If you want to see the different sides of a KPA claim, all decisions with reasoning issued by KPA as well as the predecessor HPD are available at the websites www.kpaonline. org and www.hpdkosovo.org Lars Olsen Editor-in-chief KPA Gazette Publisher: Knut Rosandhaug Editor-in-chief: Lars-Joergen Kihlberg Olsen Contributors: Negosava Mrdakovic, Arian Krasniqi NO. of copies: 20,000 Kosovo Property Agency Nazim Gafurri 1 Prishtina mailbox@kpaonline.org © 2007 Kosovo Property Agency <strong>The</strong> KPA Gazette is printed in Albanian and Serbian languages. English version is available on the web adress: www.kpaonline.org Kosovo Property Agency <strong>The</strong> KPA was established on 4 March 2006 by UNMIK Regulation 2006/10 which was later superseeded by UNMIK Regulation 2006/50. <strong>The</strong> KPA <strong>has</strong>, subject to appeal to the supreme court of Kosovo, exclusive jurisdiction resolve claims for private imovable property arising from the 1998-1999 armed conflict. 038 249 918 Distribution: Kosova Sot and Jedinstvo
No. 6 October 2007 3 Interview with Mr. Hilmi Jashari, Acting Ombudsperson in Kosovo JUDICIAL SYSTEM IN KOSOVO HAS BIG FAULTS... It states that the judicial system in Kosovo is quite a complicated one and it <strong>has</strong> big faults in law application, which guarantee and protect the essential human rights. Majority of the appeals filed at Ombudsperson are related to property issues. People file appeals in the courts regarding the inefficiency of the state administration. It thinks that the organized crime, corruption, irresponsibility and inefficiency of the local and central institutions created the preconditions for lack of a satisfactory level in respecting the human rights in Kosovo, including the property right... stated to the “KPA Gazette”, Mr. Hilmi Jashari, Acting Ombudsperson in Kosovo. In its last report, the Ombudsperson emp<strong>has</strong>izes the fact that: “due to the faults in gjeneral in regard to the rule of law in Kosovo, the property owners are protected only if they are capable of protecting themselves”. Where does this conclusion come from? Hilmi JASHARI: This conclusion from our last published report is substantiated on the general developments in Kosovo. This is also related to improper functioning of the principal of division of the three main authorities; legislation, judicial and executive. <strong>The</strong> biggest fault stands on the fact that the legal and judicial system as a whole is rather complicated. Let’s take the judicial system. This system <strong>has</strong> big problems, starting with the processes prolongation, incapacity for proper justice administration and ending with the failure to properly and rapidly apply the applicable laws. As for the Executive, there are also problems and faults noticed there which are quite evident, both in the local and central level. <strong>The</strong>re is a chaotic situation, inefficiency of administration and in generally providing services to the people as well as incapacity to insure that their rights are guaranteed and protected. All this situation also creates legal uncertainty in Kosovo, which necessarily leads to the lost of confidence towards the institutions, and especially the legal system. Today, Kosovo <strong>has</strong> a unique legal system with 5 legal recourses, since we do not have yet a synchronization of laws from 1980 until now, including here as well the laws adopted during the recent years. Furthermore, another problem in itself is represented by the lack of awareness for good communication with people by the local and central institutions side in order to explain to them the rights and the freedoms guaranteed by the law. <strong>The</strong>refore, we reached the conclusion that due to lack of legitimate national and institutional protection, then people are forced to seek for other alternative solutions, in most of the cases illegal ones, in order to claim and realize their own rights, even in the issues related to the property disputes. In such cases, as possible “alternatives” are specified; corruption, document forgery, etc. How much space is given to the issues related to property rights in the activities of Ombudsperson Institution? Hilmi JASHARI: Sure, the property right is a crucial human right. In the majority of the annual and periodical prepared, we have given our assessment, as an Institution, regarding many problematic issues related to the property rights. <strong>The</strong>refore, I can say that as part of the overall Ombudsperson activities, we pay a special attention and carefulness to these problems as well or the appeals which in one way or another are related to the property issues. What do people complain mostly in respect to the issues related to the property rights? And against whom they complain mostly? Hilmi JASHARI: Most of the appeals filed at Ombudsperson, apart from those referred to the courts, are related to the property issues. <strong>The</strong> appeals are various ones, starting with administration inefficiencies and continuing with the lack of proper mechanisms to solve the problems raised. <strong>The</strong>re are appeals where the parties allege unfairness made to them when deciding, but there are many of them who complain about the implementation prolongation of the decisions issued by the local institutions. Most of the cases are related to the property disputes. A problem in itself presents the failure to apply the applicable laws, which makes the issue of such problems even more oppressive, where people complaining to us. Citizens of Kosovo, belonging to all ethnicity, approach our office directing the focus of the appeals towards the local and central courts, prolongation of the decisions making, respectively their implementation. <strong>The</strong>re are cases when we also receive appeals against KPA decisions. Furthermore, people complain about bureaucracies and administrative irregularities at the Municipal Assembles, as well as about KTA, respectively the privatization process, where there are allegations regarding property rights over certain properties. From what was stated till now, where do you think the biggest problems stand in regard to respecting the property rights in Kosovo? Hilmi JASHARI: In our periodical reports, we have alerted that the prevalence of negative phenomena, such as; organized crime, corruption, irresponsibility and inefficiency of the institutions have created the preconditions for lack of a satisfactory level in respecting the human rights in Kosovo, including the property right. I have always stated that, and I will repeat it once again now, even if we had the best laws in the world, but there is no political and institutional will, it would be hard to achieve satisfactory results. What is your cooperation with Kosovo Property Agency and what do you think about the work of this Agency? Hilmi JASHARI: <strong>The</strong> cooperation between Ombudsperson in Kosovo and KPA is good and a regular one. We are satisfied, especially with the exchange of adequate information, which we have a need for and would help us. This information and contact exchange is quite efficient and professional. I have to mention the fact that we have signet a Memorandum of Understanding with KPA regarding the expeditious and full access in the documentation related to the decisions, where the parties allege of being affected from. During the time when HPD existed we had given our remarks and expressed our concerns in relation to the Regulation which provided no opportunities to the parties in the dispute to appeal after Commission issued the decision. Now, with KPA, there is opportunity provided for the parties to have the right to file an appeal at the Supreme Court of Kosovo against the decision issued by the Commission and I think that this is a progress in regard to providing opportunities for people to request respected and guaranteed human rights.
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