The US Government has a strong interest for re - Kosovo Property ...

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.