Ombudsperson Mr. Sami Kurteshi, prezent the Ninth Annual Report to deputies of the Assembly of Republic of Kosovo, which presents work and activities of the institution

Honorable Mr. Speaker,

Honorable deputies of the Assembly,

Honorable ministers of the Government,

By thanking you for the invitation, I have the pleasure to present for the first time the annual report 2008-2009 which presents the work, activities, achievements and difficulties of the Institution that I lead. Also, this report presents comprehensive analyses of the situation on respecting and implementation of the human rights in Kosovo for the reporting period.

The adoption of the Law on Ombudsperson Institution, although the Law is not sophisticated, is good news and a right move, desirable and necessary as well.

More than an accomplishment of a Constitutional obligation, this action of the Assembly clearly demonstrates the commitment of the highest state’s institution regarding human rights.

After the declaration of the independence of the Republic of Kosovo, the Kosovo legislators delivered the most encouraging and hopeful news for the human rights by adopting the Constitution of Kosovo.

Normative embodiment of the fundamental human rights and freedoms by transforming them into the constitutional norms as well as treating them as a constitutional category, legal functionalizing of the institutions that guarantee and protect these rights, in this respect the Constitutional Court and Ombudsperson Institution are sufficient proves that the fundamental rights and freedoms in the Republic of Kosovo are not only words or courtesy but they represent the basis of its legal order.

The report that you have in the front of you is the ninth in a line and includes the time period from the 1st of July 2008 until the 31st of December 2009. The report covers a period of time for one and a half years and the report is divided in two statistical periods which constitute a logical bridge for statistical comparisons.

The first period covers the time period from 1st of July 2008 until the 30th of December 2008, and the second reporting period covers the time period from 1st of January 2009 until the 31st of December 2009.

Activities, statistics presented in the reporting period enable comparison and assessment of the situation comparing to the previous reports.

This report is composed of eight chapters, after the introduction and presentation of Institution’s mission the third chapter contains the base of the report presenting the analyses of the human rights situation as listed in the chapter II of the Constitution of the Republic of Kosovo. The chapter 4 presents Ombudsperson Institution recommendations, while the chapters 5 and 6 present activities and collaboration that Ombudsperson Institution had with different institutions at the local, central and international level. An integral part of this report is also a chapter that statistically presents the way that the human rights were treated by the Ombudsperson Institution.

When speaking of substantial content, this report contains similarities with the previous reports and represents continuity of the OPI work. Good or maladministration of the human rights is the main goals of the Ombudsperson Institution.

On the other hand, this report differs from the previous reports because of the following:

Firstly, the issues in the report are presented as listed in the second chapter of the Constitution of the Republic of Kosovo and the essence of the report is in accordance with this chapter. The report presents a critical analyze of the human rights issues guaranteed by the Constitution of the Republic of Kosovo.

Secondly, the report is a result of the work of all collaborators of the Ombudsperson Institution; therefore the failure, weaknesses; good and positive sides as well are product of the joint work and efforts.

Even though the Republic of Kosovo is not a member of European Council and it has no access to European Human Rights Court, the content of the second chapter of the Constitution and the content of the fundamental individual and collective freedoms spread through the other chapters of the Constitution coincides completely with European Convention on Fundamental Human Rights and Freedoms. In this context the treatment and protection of the human rights as presented in the report are in complete accordance with the criteria established by the European Council.

Taking unilateral obligations by the Republic of Kosovo on protection of fundamental Human rights and freedoms as specified in the second chapter of the Constitution and especially in the Article 53 of the Constitution of the Republic of Kosovo that guarantees interpretation based on the ECHR court decisions are difficult and additional obligation but they are useful.

Ombudsperson Institution encourages Kosovo legislators to attach as soon as possible to the International instruments listed in the Article 22 of the CRK the International Convention on Economic, Social and Cultural Rights and with such action to complete the full circle of the International instruments which guarantee the fundamental human rights and freedoms.

The annual report 2008-2009 is a presentation of the situation, as well as presentation of the changes regarding human rights, protection and promotion of such rights within the reporting period. However, we must take into account that the report does not present the current situation, respectively does not cover the past seven months. Therefore, the frustration of those who might expect the Ombudsperson Institution to treat hot issues and current problems is understandable. Ombudsperson Institution has no mandate to treat such issues because this is not in accordance with its mission.

On the first plan of the Ombudsperson Institution, besides protection from current violations is also promotion of the Human rights.

On the second plan it continues to remain continuous professional upgrading of the OPI staff. Because only a professionally well prepared staff may decently fulfill its mission.

The third plan comprises stabilization, material and institutional development of the OPI. After the selection of the first domestic Ombudsperson last year, another significant step has been done during those days by adopting the Law on Ombudsperson Institution.

From about 1300 complaints lodged to OPI, most of them involve Judiciary. Based on the lodged complaints, after the Judiciary are ranked the Government, Municipalities, the Police and Privatization Agency, etc.

The number of citizens who are loosing trust on the Justice System and Judiciary is increasing; therefore, as a result of this distrust they are addressing their concerns to Ombudsperson Institution in order to seek solution for their problems. I would like to emphasize once again that the Ombudsperson Institution is not an institution that administers justice, this is a mission of the Court and these two institutions have completely deferent functions clearly separated from one another.

Ombudsperson Institution within its Constitutional mandate in the best case can release recommendations in case of maladministration, but the institution doesn’t interfere in none of the phases of the judicial process.

Fragility or the problems in functioning of the Judiciary as one of the three basic pillars of the legal state can have extremely difficult consequences for every society and a state, especially for the Kosovo society which is in a phase of state- building.

A society can build a state only if there is trust in it. The citizens will trust the state only when convinced on its justice. In turn, the citizens will trust the state only when they are convinced that it is fair.

Based on the received complaints and conversations with the citizens, it is very concerning the fact that they are loosing trust on the Justice system of the Republic of Kosovo.

They are right, If justice is not fair for all.

The justice is not fair for all if there is even a single case not obeying the justice, because it is above the justice, above the law.

The trust on the justice will be retrieved only when no one will be above the law and when each of us will be treated equally and fairly.

At the end of my speech, referring to the presented report I would like to emphasize once again the fact that in the Republic of Kosovo there are cases of violations of the fundamental human rights and freedoms by the public institutions. Such disturbing situation requires a joint commitment to minimize and avoid this phenomenon.

Mr. Speaker,

Ladies and gentleman, by remaining hopeful that we as citizens, the institution I lead and you as representatives of the highest legislative body will work together to strengthen the foundations of a democratic society where the fundamental human rights and freedoms are respected and implemented I thank you for your attention.

Pristina, July 26, 2010