Page:Kosovo Ombudsperson of Kosovo Third Annual report 2002 – 2003.pdf/19



In this case, the Ombudsperson found that the failure of the Municipal Court in Gllogovc/Gllogovac to reach a decision in the applicant's civil case from 22 May 2001 until the date of the Report, coupled with the failure of the Municipal Court to take any action or hold any hearing in the case between 22 May 2001 and 23 October 2002, constituted a violation of her right to a fair hearing within a reasonable time, as guaranteed under para.1 of Article 6 of the European Convention on Human Rights. The Ombudsperson also found that the lack of any specific legal avenue whereby the applicant could complain about the length of proceedings with any prospect of obtaining either preventive or compensatory relief constituted a violation of her right to an effective remedy guaranteed under Article 13 of the European Convention on Human Rights.

The Ombudsperson recommended that the Special Representative of the Secretary-General of the United Nations, no later than 25 April 2003, take all necessary measures to ensure that the Municipal Court in Gllogovc/Gllogovac complete the proceedings in the instant case without further delay and promulgate a Regulation providing for an effective remedy in the sense of Article 13 of the European Convention on Human Rights providing both preventive and compensatory relief with respect to complaints about excessive length of proceedings in civil cases.

There has been no response to this Report.