Kosovo Ombudsperson continues to make a lasting difference

“It is a great satisfaction when justice wins,” says 47-year old Ahmet Luta, who fought a legal battle with institutions in Kosovo for almost three years.  

Ahmet works as a clerk at the civil registration centre in Podujevë/Podujevo municipality, central Kosovo. He has been working there since 1987. In 2007, following the general election, for reasons kept secret from him he was fired.

“Nobody could tell me why,” says Ahmet, expressing his surprise. “Unfortunately, I had no other choice but to take the case to court, believing that justice would work.”

Ahmet first filed a complaint with the municipal court in Podujevë/Podujevo and he also took his case to the district court in Prishtinë/Priština. “Both courts decided in my favour,” says Ahmet, but municipal authorities in Podujevë/Podujevo and the Kosovo Ministry of Internal Affairs failed to respect the courts’ decisions calling for his reinstatement.

Having exhausted all other options, in October 2009 Ahmet decided to report the case to the OSCE-established Ombudsperson as a human rights violation. “I felt so disappointed and hopeless - I completely lost my faith in the authorities,” he says.

Safeguarding the rights of all

Faton Morina, a senior lawyer with the Ombudsperson, investigated Ahmet’s case. He was appalled by the way it was handled. “The failure to comply with court decisions by the Kosovo institutions was unacceptable. It was also a serious human rights violation,” he says.

The Ombudsperson ruled in Ahmet’s favour. “We immediately contacted the Ministry of Internal Affairs and the local administration in Podujevë/Podujevo and urged them to resolve the case in accordance with the court decisions,” says Faton. It took a few months of lobbying by the Ombudsperson, but Ahmet was finally reinstated in January 2010.

Ahmet’s case is a success story. However, the Ombudsperson receives an average of 400 cases with merit a year, but only 40 percent of their decisions get implemented within the legal timeframe. “This is hard on us,” says Faton, “but it is even harder on the people. We will continue acting on their behalf, be their lawyers, and lobby for their interests.”

Setting up the institution

The Ombudsperson Institution was initially established by the OSCE Mission in November 2000. It became operational in May 2001 and for the first five years it was led by an international Ombudsperson, Marek Antonio Nowicki from Poland.

This time was used to train staff and build up expertise. “The mission organized a wide range of training sessions and workshops in the areas of human rights, research, legal reasoning, investigations and report writing,” says Jerina Dampier, the OSCE’s special adviser to the Ombudsperson.

“We havebeen the only organization to consistently provide a wide range of services in building-up the institution’s capacity,” adds Jerina. “We are still supporting the institution and its field structure with advice and training.”

Fighting political influence

The handover of the institution to local authorities was not smooth. From February 2006 to June 2009, the Assembly of Kosovo could not agree on whom to appoint as the new Ombudsperson. Following numerous votes, on 4 June 2009, Sami Kurteshi was appointed as the first local Ombudsperson.

Since then Kurteshi has been trying to keep the institution free from political influence and he admits that this is one of his major tasks. “You see, due to political influences and courts intentionally prolonging the resolution of certain cases, the level of trust people have in the judiciary has been diminished,” he says.

According to him most of the complaints he receives relate to procedural issues such as prolonged court procedures, administrative silence and failure to comply with court decisions.

In 2010, the Ombudsperson received 1,230 complaints but Kurteshi is not overwhelmed. “The Ombudsperson is there for the people, to defend them against the misuse of power. I encourage people of all ethnicities to use our services, free of charge.”

Written by Hasan Sopa and Nikola Gaon