UNMIK/PR/289
SRSG Bernard Kouchner has named Marek Antoni Nowicki as Ombudsperson for Kosovo, whose job will be to investigate and mediate complaints from individuals, groups and organizations about possible abuses of power by international and local authorities.
Mr. Nowicki, 47, is a Polish lawyer with a long record of human rights activism and writing. He co-founded the Helsinki Watch Committee in Poland during martial law and has served as president of the Executive Committee of the International Helsinki Federation of Human Rights in Vienna. He is a member of several other international human rights organizations. And as a special rapporteur of the Parliamentary Assembly of the Council of Europe, he has reported on the human rights situation in Moldova and Azerbaijan.
Nowicki's new post in Kosovo, which he is to hold for two years, was established under UNMIK Regulation 2000/38 of 30 June 2000. The Ombudsperson's office, an independent institution, is intended to remain after the departure of the interim administration.
The establishment of the office of the Ombudsperson falls under the mandate of UNMIK's democracy and institution-building Pillar III (the OSCE). The OSCE has been instrumental in setting up the office and recruiting candidates, and it will continue to provide financial and logistical support.
Although prepared and backed by the OSCE and officially established by the head of UNMIK, the Ombudsperson office will be an independent vehicle for members of the community to seek redress from abuses of authority by the interim civil administration or any central or local institution.
The Ombudsperson can receive and investigate complaints from any person or entity in Kosovo concerning human rights violations or possible abuses of authority. He is to give particular priority to allegations of severer or systematic violations and those based on discrimination. His jurisdiction is Kosovo, however, he may offer his 'good offices' to people of Kosovo who are outside the territory.
The Ombudsperson's functions include receiving complaints, monitoring, investigating, offering good offices, taking preventative steps, making recommendations and giving advice on matters pertaining to his office. He may also promote reconciliation between ethnic groups. He may directly intervene with authorities to resolve complaints and can recommend the suspension of administrative decisions if he finds prejudice to the rights of the complainant.
The office of the Ombudsperson is not a court. However it has broad powers of investigation to collect evidence to support recommendations to the respective authority and ultimately to the SRSG. The Ombudsperson will also report once a year to the SRSG on the human rights situation in Kosovo.
The Ombudsperson has access to files and documents of the interim civil administration; he can inspect places where persons may be deprived of liberty and attend meetings involving such persons. Following investigations, he may recommend appropriate measures, including disciplinary or criminal proceedings. If no action is taken, he can approach the SRSG and/or make a public statement. There will be no appeal to decisions by the Ombudsperson.
Mr. Nowicki will have one international and two Kosovo deputies. Upon his arrival, the offices will be open to the public and details on how the contact the Ombudsperson will be disseminated.