Kosovo Property Agency No. 6 October 2007 Important information JUDICIAL SYSTEM IN THE RENTAL SCHEME IS KOSOVO HAS BIG FAULTS... WELCOMED IN MITROVICA Page 2 Page 3 Page 4 Interview with Thomas Yazdgerdi, Member of Supervisory Board of KPA The US Government has a strong interest for re- solving property issues in Kosovo He declares that US Government has a strong interest to see that the property issues in Kosovo are resolved based on the fundamental democratic concept. For him, the KPA has an integral role to play in protecting private property rights. In such instances, the Kosovo Police Service must respond to enforce KPA decisions. All decisions of the KPA must be re- spected and enforced. He encourages all potential Kosovar claimants to come forward and present their claims to the KPA. The KPA can only be effective if claimants choose to use its services...stated to the “KPA GAZETTE”, Mr. Thomas Yazdgerdi, Member of Supervisory Board of KPA Why the US Government choose to be in- As far as you are Board Member of KPA, respected and enforced. Do you have any message for Kosovo citi- volved in the property issue in Kosovo? which are the most difficulties in the property zens, especially for claimants? issues in Kosovo that you have seen? Considering the fact, that the property issue The protection of private property lies at the is a “sensitive work”, how do you see the I would encourage all potential Kosovar claim- core of the rule of law in any democratic soci- I think the most difficult property issues are work of Kosovo Property Agency? ants to come forward and present their claims ety. The US Government has a strong interest to those that involve high economic value – for to the KPA. The KPA can only be effective if see that these issues are resolved based on this example, where a successful claimant has a USOP and the U.S. government value the claimants choose to use its services. fundamental democratic concept and are dealt property in the center of town or other area work of the Kosovo Property Agency. For with fairly and expeditiously in Kosovo. The where property values are high. In some cases, that reason, we have contributed financially to KPA has an integral role to play in protecting we have seen outright refusal on the part of the KPA’s operating budget and have encour- private property rights and we will continue to illegal occupants to vacate such a property or aged other donors to do so as well. With the support it in this effort. Resolving claims in a agree to pay rent. We have even seen cases thousands of claims it has already processed, fair, expeditious, and legal manner is also key to where municipal officials use their influence to the KPA has shown itself to be effective; we Kosovo’s economic growth and development. obstruct KPA decisions in these areas. That is encourage the KPA to continue and intensify its Potential investors, both domestic and foreign, unacceptable. In such instances, the Kosovo efforts to adjudicate remaining property claims view protection of private property as integral to Police Service must respond to enforce KPA expeditiously. their doing business anywhere. decisions. All decisions of the KPA must be 2 No. 6 October 2007 Important information: Two sides to every story Claims submitted by a family household From time to time media in Kosovo and Serbia proper member of the property right holder publish critical stories about the work of Kosovo Property Agency (KPA). This is off course media’s prerogative in a Family household members may submit a claim on behalf of the If you have already filed a claim democratic society where the principles of free speech and submit a claim to KPA on behalf of property right, must be in possession to KPA without submitting death the freedom of press are highly valued. the property right holder, provided of a valid power of attorney signed by certificate and/or inheritance decision, that property right holder is prevented the property holder and certified by a you must submit these documents And just like any other public and private institutions also from submitting the claim himself/ competent court. to a KPA office as soon as possible. the KPA will not be able to perform its work in a way that herself. Unless these required documents are will satisfy everyone. However, quite often many of the criti- Deceased property right holder submitted without delay, the claims This means that spouse, children, will be processed without said docu- cal media reports about the KPA are based on allegations grandchildren, parents, grandparents, If the property right holder is ments and may be recommended to from only one of the parties to the proceedings before and brothers/sisters may file a claim deceased the family house hold mem- be dismissed by the Secretariat. the agency. In such cases it is important to remember that to the KPA on behalf of the property ber/heir who is claiming a property there are always at least two different sides to a story, even right holder. with KPA must submit a death cer- though the picture might seem quite black and white if you tificate and/or inheritance decision to read a story in a newspaper or watch a reportage on TV. Any other person who wants to KPA before we can process the claim. 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 me- dia from parties to a property claim, there are limitations to Mohlan/Movljane, 5 October 2007: what kind of information, details, and comments the agency can reveal to the media. The KPA, is just like the regular courts bound by rules of data protection and protection of privacy. However, there are certain facts that apply to all claims submitted to the KPA. The 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 pred- ecessor 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 Kosovo Property Agency NO. of copies: 20,000 The KPA was established on 4 March 2006 by UNMIK Regulation Kosovo Property Agency 2006/10 which was later superseeded by UNMIK Regulation Nazim Gafurri 1 Prishtina 2006/50. The KPA has, subject to appeal to the supreme [email protected] court of Kosovo, exclusive jurisdiction resolve claims for private © 2007 Kosovo Property Agency imovable property arising from the 1998-1999 armed conflict. The KPA Gazette is printed in Albanian and Serbian languages. English version is available on the web adress: www.kpaonline.org 038 249 918 Distribution: Kosova Sot and Jedinstvo No. 6 October 2007 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 has 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 Ombudsper- son emphasizes 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 protect- ing themselves”. Where does this conclusion come from? Hilmi JASHARI: This conclusion from our last pub- lished report is substantiated on the general developments in Kosovo. This is also related to improper func- tioning of the principal of division of the three main authorities; legislation, judicial and executive. The 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 has 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. There is a chaotic situation, inefficiency of administration and in generally pro- viding 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 Sure, the property right is a crucial tion of the decisions issued by the In our periodical reports, we have signet a Memorandum of Understand- institutions, and especially the legal human right.