Ombudsperson: Constitutional mandate for human rights is not undermined by the office in The Hague

The Institution of the Ombudsperson of Kosovo has rejected the interpretations of the Kosovo Specialist Chambers, stressing that the establishment of the Ombudsperson’s Office in The Hague does not exclude the constitutional competence of Kosovo’s institution to protect and promote human rights.

The reaction followed a statement published by the Specialist Chambers on October 13, 2026, titled “Statement by the Kosovo Specialist Chambers: Invitation from the Ombudsperson of Kosovo to a Roundtable.”

According to the Ombudsperson, the statement was made public on the same day that the Specialist Chambers received the institution’s official response, which the Ombudsperson had sent to President Ekaterina Trendafilova. The response presented the legal arguments concerning the mandate and powers of the Institution of the Ombudsperson.

The institution recalls that, in its letter of October 13, 2026, addressed to the president of the Specialist Chambers, it explained its legal position and underscored that the Ombudsperson of Kosovo was established by the Constitution. For this reason, it has a general mandate to protect and promote human rights and fundamental freedoms.

“The mandate of this institution must be exercised in accordance with the Constitution and international human rights instruments, which form part of the constitutional order of the Republic of Kosovo. In this context, the exclusive responsibility assigned to the Ombudsperson’s Office in The Hague, on the basis of the relevant constitutional and legal framework, does not automatically imply the exclusion of the competence of the Institution of the Ombudsperson of the Republic of Kosovo to engage in the protection of human rights in matters related to the Specialist Chambers.”

The Ombudsperson explains that the term “exclusive responsibility” should be interpreted as a specific institutional obligation of the designated Ombudsperson’s Office, enabling it to exercise its function and serve as the primary and necessary institutional mechanism when the circumstances of a case require intervention.

Consequently, the Institution of the Ombudsperson of Kosovo stresses that it continues to hold the general constitutional mandate to protect and promote human rights in connection with the exercise of public authority, in accordance with the constitutional and legal order of the Republic of Kosovo.

The institution recalls that, since 2021, it has repeatedly raised concerns with the Specialist Chambers, including through subsequent official correspondence, which has received no response.

“The continued absence of a response raises serious concerns about transparency and creates the impression that information may be deliberately withheld,” the reaction concludes.