Kosovo Property Agency No. 7 November 2007 Facts about the Kosovo KPA is part of success- Decisive on Property Claims Commission full internship program enforcement of eviction orders Page 3 Page 4 Page 5 KPA06764 KPA15519 KPA17959 KPA21066 KPA27384 KPA28313 KPA has received more claims than HPD With more than 30,000 claims submit- The claims submitted to the KPA can be divided armed conflict should get in touch with a KPA claims in a fair and expeditious manner. ted thus far, the Kosovo Property Agency as folloesr: office as soon as possible, as the claim intake will (KPA) has already received more proper- 6.8% for residential properties close down on 3 December, says KPA Director ty claims than its predecessor the Hous- 2.9% for commercial properties Knut Rosandhaug in a statement. He adds that 90.3% for agricultural properties the KPA is determined to resolve all property ing and Property Directorate (HPD). Out of the submitted claims 8.3% have been filed Whereas HPD had received 29,160 property to KPA offices inside Kosovoand 91.7% of the claims by the time its claim intake was closed claims have been submitted to our offices located on 1 July 2003 the KPA has already received in Serbia proper, Montenegro and fYROM. Kosovo Property Agency more than 30,000 claims. The KPA still receives 400-500 claims per week, so the total number of The KPA was established on 4 March 2006 by UNMIK Regula- Based on a study in 2004 commissioned by the claims submitted to the KPA will increase further European Agency for Reconstruction, the KPA tion 2006/10 which was later superseeded by UNMIK Regula- before the claim intake closes on 3 December expected to receive some 11,000 claims for re- 2007. tion 2006/50. The KPA has, subject to appeal to the supreme possession of private immovable property. Even court of Kosovo, exclusive jurisdiction resolve claims for pri- if the number of actual claims collected is nearly Contrary to its predecessor HPD which only had three times of what was estimated, the number of vate imovable property arising from the 1998-1999 armed jurisdiction to resolve claims for residential prop- claims is stillincreasing every day. erty the KPA has jurisdiction to resolve property conflict. claims for all private immovable property (com- -Everyone who is unable to exercise their prop- mercial properties and agricultural land) which erty right in Kosovo as a result of the 1998-1999 arises from the armed conflict in 1998-1999. 038 249 918 2 No. 7 November 2007 Rise of trust and support KPA Rental Scheme Many people might not feel comfortable when KPA units execute decisions taken by KPCC or Kosovo Supreme Court, but execution of decisions testifies for KPA’s con- tinuous determination in respecting the property rights of all Kosovo citizens, without exception. Also, a lot of people might have fallen a victim of often false informa- tion about KPA’s work and mission, this way creating a Region Properties rented wrong image of KPA as an independent agency, which is engaged in protection of the property and respect of law. But, facts say the opposite. KPA’s image is improving Prishtinë/Priština 147 because people believe in justice. Mitrovicë/Mitrovica 115 Execution of Eviction Orders requires permanent efforts Gjilan/Gnjilane 100 in the field. KPA units execute approximately 45-50 Evic- tion Orders per week. This speaks for KPA determina- Pejë/Peć 238 tion to implement its mission, guaranteeing the private Prizren 91 property in the whole Kosovo territory. Facts speak about increase in citizens’ cooperation with KPA. They also cooperate in cases of execution of eviction deci- sions. Total rent collected: Until now, more than 30,000 claims have been filed with 316,859.81 EUR KPA. These claims regarding property issues have been filed by all ethnical groups in Kosovo. The large number of claims is the best argument that testifies the role and importance which KPA holds in guaranteeing and Average rent per apartment : respecting the private property rights. Naturally, con- 45.85 EUR tinuous increase in filed claims as well as higher number of claims than expected obligates the KPA to increase its work dynamics towards reviewing and resolution of these claims. Together with the increase in effectiveness If you wish to rent an apartement under the KPA Rental Schme, please visit there is an increase in quality and professionalism re- garding timely and fair decision taking by implementing any KPA office in Kosovo (contact details are listed on the last page of this applicable laws. gazette). Professional staff which KPA has is a guarantee for an effective and fair work. But, in order to successfully finish its mission, above other things, the KPA needs support and cooperation with citizens and institutions, Arian Krasniqi Delloc / Delovce, 19 October 2007: KPA Gazette Publisher: Knut Rosandhaug Editor-in-chief: Lars-Jørgen Kihlberg Olsen Contributors: Arian Krasniqi, Negosava Mrdakovic No. of copies: 45,000 Kosovo Property Agency Nazim Gafuri 31 Prishtinë/Priština [email protected] © 2007 Kosovo Property Agency KPA Gazette is printed in Serbian and Albanian. English version is avaible on the following web ad- dress: www.kpaonline.org Distribution: Jedinstvo and Kosova Sot. KPA Gazette is printed and distributed with support from the government of Belgium. No. 7 November 2007 No. 7 November 2007 3 Kosovo Property Claims Commission All claims submitted to KPA will be adjudicated by the Kosovo Prop- erty Claims Commission (KPCC). The KPCC is composed of three commissioners, two internationals and one local, all being experts in the fields of property law and mass claims processing. Mr. Veijo Heiskanen from Finland the Claims Resolution Tribunal for is the chairman of the KPCC. He is Dormant Accounts in Switzerland joined by Mr. Norbert Wühler from (2001-2002); Director of the Institute Germany and the local commissioner of International Economic Law of the Mr. Aqif Tuhina. University of Helsinki (1998-2000); Deputy Chief of the Legal Service of KPCC sessions are held ordinarily six the UN Compensation Commission times per year. Sessions are prima- (1994-1998); and Legal Advisor with rily held in Pristina in a meeting room the Iran-US Claims Tribunal in the which is made available for live ses- Hague (1990-1994). He lectured in sions at the KPA’s headquarters. These various institutions, including at the sessions lasts approximately three to University of Helsinki and the Hague five days. Sessions are conducted in Academy of International Law; has English and translation is provided Al- been a Visiting Scholar with the UN banian and Serbian. University in Tokyo (1999); he worked for the Arbitration Commission of The Chairperson of the KPCC directs the International Conference for the its work and presides at its sessions. Former Yugoslavia (1993); and was The KPCC conducts its work in pri- also a member of the Steering Com- vate and its deliberations and records mittee on International Mass Claims are confidential, Processes at the Permanent Court of except for decisions issued and its Arbitration. He is the author of numer- minutes and legal instructions once ous publications on international law; they were approved and signed by the international arbitration and dispute Chairperson. settlements. As a general rule, the KPCC decides Mr. Norbert Wühler (Germany) is an claims on the basis of written submis- international member of the KPCC. He sions and documentary evidence as graduated and received his doctorate in submitted to the KPCC through the law from the University of Heidelberg. Executive Secretariat. He is currently Director of Reparation The parties to the claim have a right Programmes at the International Or- to know the evidence and arguments ganization for Migration. His previous of other parties and to put forward positions include Chief of the Legal evidence and submissions in response. Services Branch of the United Nations Note however, that parties are not enti- Compensation Commission (1992- tled togive oral evidence unless invited 2000), Legal Adviser to the President to do so, as organizing for the partici- and Deputy Secretary-General of the pation of some thousands of claimants Iran-United States Claims Tribunal would entail a significant drain on re- (1983-1991), research fellow at the sources and time, thereby conflicting Max Planck Institute for Comparative with the claimants’ rights to a remedy Public Law and International Law in within a reasonable period of time. Heidelberg (1978-1983) and attorney admitted to the bars of Heidelberg The KPCC decides claims on the basis and Mannheim (1979-1983). He has of the claim file referred to it by the been chairman, member and secretary Executive Secretariat, which contains of several international arbitral tribu- the evidence and submissions of the nals, has been an adviser to the Com- parties to the claim mission for Real Property Claims in as submitted by the parties or located Bosnia and Herzegovina and the Erit- ex officio by the Executive Secretar- rea-Ethiopia Claims Commission, and iat. is a member of the Steering Commit- tee on Mass Claims Processes at the Decisions are to be taken unanimous- Permanent Court of Arbitration and of ly, but where a consensus cannot be an Expert Advisory Group on Victims reached, they are taken by majority Participation and Reparations at the vote. International Criminal Court. He has taught and published on international Mr. Veijo Heiskanen (Finland) serves property and compensation claims, as chairman of the KPCC. Previously dispute resolution, state responsibility he was an international member of the and international arbitration. Housing and Property Claims Com- KPCC on the inauguration ceremony 6 June 2007. mission in Kosovo. He was a graduate Mr.