Page:SECOND ANNUAL REPORT 2001 – 2002.pdf/30



In this Report, the Ombudsperson found that the refusal of the UNMIK Municipal Administrator in Lipjan/Lipljan to permit the Municipal Court to register a contract for a sale of residential property, pursuant to UNMIK Regulation 2001/17 constituted a violation of the following human rights of the individuals affected: the right to peaceful enjoyment of possessions (Article 1 of the Additional Protocol to the European Convention on Human Rights); the right to respect for private and family life and for the home (Article 8 of the European Convention on Human Rights); the right to choose one's place of residence (Article 2 of Protocol No. 4 of the European Convention on Human Rights); the right to freedom from discrimination (Article 14 of the European Convention on Human Rights); and the right to freedom from the imposition of restrictions on rights for purposes other than those prescribed under the Convention (Article 18 of the European Convention on Human Rights). The Report reiterated concerns raised in conjunction with Special Report No. 5 (see above at p. 12). The Ombudsperson also found that the implementation of a Regulation that had previously been found to be incompatible with recognised international human rights standards also constituted an abuse of authority by the Municipal Administrator in Lipjan/Lipljan.

The Ombudsperson recommended that, 'no later than 31 May 2002, the SRSG abolish UNMIK Regulation No. 2001/17 on the Registration of Contracts for the Sale of Real Property in Specific Geographical Areas of Kosovo (22 August 2001), Administrative Direction 2001/16 Implementing UNMIK Regulation No. 2001/17 on the Registration of Contracts for the Sale of Real Property in Specific Geographical Areas of Kosovo (19 October 2001), and Administrative Direction 2002/4 Implementing UNMIK Regulation NO. 2001/17 on the Registration of Contracts for the Sale of Real Property in Specific Geographical Areas of Kosovo (28 February 2002). The Ombudsperson also recommended that the SRSG issue a new Administrative Direction declaring null and void any decision to refuse to register a contract for the sale of real property anywhere in Kosovo, where that decision was taken pursuant to UNMIK Regulation No. 2001/17 and/or Administrative Directions 2001/16 or 2002/4 and inform all courts in Kosovo of the above actions and should direct them to register any contracts for the sale of property that h ave not been registered pursuant to the implementation of UNMIK Regulation 2001/17

'In a letter of 20 May 2002, the SRSG stated, inter alia,'' that `The Regulation … does not violate human rights of individuals. It is the duty of the Administration to implement the Regulation. The Municipal Administrator of Lipjan/Lipljan … was, therefore, justified in enforcing the Regulation, and this cannot be called an abuse of power.'''