Croatia
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National Ombudsman, Croatia
Activities of the Ombudsman during 1998
General Information on the Work on Complaints
During 1998, the Ombudsman received 2029 complaints and notices of violations of the rights of citizens, what is in relation to previous 1997 year increase of 15,3%, since the Office that year received 1760 complaints.
In 1998, the Office of the Ombudsman also worked on complaints received in the preceding years which were still not resolved. Five hundred and seventy eight complaints from preciding years were being processed 1998. Therefore, the Office of the Ombudsman worked on the total of 2607 complaints in 1998, what is increase of 34,7%.
The Ombudsman received complaints from all over Croatia, the Office also received 39 complaints from foreign countries, 22 of them were from western Europe, 9 from Bosnia and Herzegovina and 8 from Yugoslavia.
The largest number of complaints were submitted in Zagreb (484), Split (97), Karlovac (84) Rijeka (57) and Korenica (67). It is very important to mention that relatively small number of complaints submitted in Zagreb referred to the work of Zagreb municipal authorities. The large number of those complaints were submitted by Croatian defenders and refugees as well as the citizens who complained on the work of the central administration bodies and bodies vested with public powers.
In addition to above mentioned complaints more than twenty arrived from the town of Zadar (42), Osijek (41), Vojnić (31), Vukovar (30), Slavonski Brod (27), Petrinja (27), Dubrovnik (26) and Gračac (24).
Between eleven and twenty complaints arrived from eleven places (Glina, Gvozd, Knin, Okučani, Požega, Pula, Šibenik, Slunj, Topusko, Velika Gorica i Vinkovci).
Between five to ten complaints arrived from the places (Crikvenica, Daruvar, Duga Resa, Dugi Rat, Dvor, Đakovo, Čakovec, Gospić, Hrvatska Kostajnica, Ilok, Krk, Krnjak, Kutina, Lepoglava, makarska, Nova Gradiška, Ogulinm, Opatija, Pakrac, Plaški, Poreč, Rogoznica, Rovinj, Samobor, Sesvete, Skradin, Sunja, Tušilović, Udbina, Vodice and Zaprešić).
According to those figures, it is obvious that large number of complaints were submitted in the places of residence of refugees and displaced persons who didn't yet return to the places of their origin, as well as from the places that particularly suffered damage during Homeland war and those that were under occupation, respectively to the places of particular state concern. Therefore, the consequences of the war damages are still present, due to financial ability of the state to repair in short time all damages that arose during the war.
In 1998, 1476 citizens addressed the Ombudsman directly by visiting his Office. In relation to previous year 10,2% more citizens visited the Office of the Ombudsman. This means, that an average of seven person visited the Office of the Ombudsman on daily basis. Those citizens were received by the Ombudsman himself or his deputies. Most of the citizens (approx. 45%) who visited the Office personally complained against the work of the courts or requested legal advice and assistance (approx. 30%) Several hundred citizens requested legal assistance over the phone, requested assistance mostly related to legal issues in competence of the courts.
Out of the total number of received complaints and notices of violations of the rights of citizens 271 (13,4%) didn't relate to administration bodies or bodies vested with public powers, therefore, the Ombudsman couldn't act, respectively he didn't have to act.
During 1998 the Ombudsman received 255 (12,6%) complaints against the work of the courts. The complainants were informed that the courts are not in competence of the Ombudsman. Nevertheless, all complaints were studied out and in 110 (43,1%) cases was established that the rights of the complainants could be imperilled or violated, mainly due to an unusually long court procedure or other reasons. These complaints were forwarded to the Ministry of Justice and Ministry of Justice was asked to take steps towards the president of the court in competence to undertake adequate measures in regard of speeding up the procedure or other corresponding measures. Ministry of Justice reacted promptly, and from their answers it could be concluded that the procedure was quickened to a certain degree, so the complainant was protected in some way.
In relation to previous year significant increase of the complaints regarding courts could be observed, in spite of the fact that the citizens were much better informed of the work and powers of the Ombudsman owing it to the public appearance of the Ombudsman himself and distribution of the brochure on the powers of the Ombudsman. From the letters, and particularly according to verbal statement of the complainent, the conclusion could be made that the complainents referred to the Ombudsman because there is not another body where they could complain sucefully regarding lack of promptness and as well as unprofessional work of the court or particular judge.
Out of the total number of received complaints (2029) in 1998 after omitting those complaints that referred to a body or institution which was not within the competence of the Ombudsman, in addition to the complaints against the work of courts (416 cases) it could be concluded that the Ombudsman dealt with 1503 new complaints.
Apart from such procedure through the Ministry of Justice in the cases (110) when courts were alarmingly slow, the Ombudsman took steps to evaluate individual violations of constitutional and vested rights of citizens (1503 new cases), failures or other irregularities in the work of administrative bodies or bodies vested with public powers, respectively the complainants were given legal advice and instruction how to protect or defend their own rights.
The structure and numbers distribution of the complaints in 1998 was very similar to those received in the preceding year.
Further, the largest number of complaints against violations of the constitutional or vested rights of citizens was related to property and housing rights. The protection and assistance of the Ombudsman was requested by 600 citizens (39,9% of the total number of complaints processed by the Ombudsman). In relation to previous year it was insignificant decrease (from 42,1% to 39,9%) primarily less complaints were submitted regarding housing rights. The large number of complaints regarding this sphere related to violations of property rights (312 or 20,8% in relation to total number of complaints). Compared with previous year there is absolute and relative increase of the complaints regarding violations of property rights. Namely, in 1997, 256 complaints were submitted (18,3% in relation to total number). Nevertheless, as one could get wrong impression it should be pointed out that complaints submitted by the Croatian citizens from Podunavlje region who were expelled from their homes during 1991 and 1992 complained for the first time in 1998, because other people were still occupying their homes, therefore they could not return their homes to possession and for use. In addition, the fact is that should be stressed that neither violation of property rights didn't occur in 1998, all of them related to 1995 and 1996 and they are still unresolved.
Out of the total number of received complaints the second place refer to the complaints against the work of administrative bodies and bodies vested with public powers referred to violations of the pension and disability insurance, health care and the work of health services as well as in domain of labour, employment rights and social care. In 1998 the number of such complaints amounted to 372 (24,7%) cases what is in relation to 1997, relatively small decrease when the Ombudsman received 349 (25,0%) cases.
In relation to 1997, the number of complaints regarding Croatian defenders and civilian casualties of war significantly increased in 1998. During 1998 the complainants 234 (15,6%) mostly demanded protection of their rights and reconstruction of their homes, what is significant increase comparing to 1997 when the Office received only 134 (9,6%) complaints.
Out of the total number of received complaints the fourth place refer to the complaints regarding difficulties to regulate personal status, particularly the status of a Croatian citizen. During 1998, 160 (10,6%) complaints were submitted regarding difficulties to acquire Croatian citizenship, problems of permanent settlement or extended stay of an alien, comparing to 1997 when the Office received 144 (10,3%) complaints.
The fifth group of the complaints is heterogeneous, and in small number, those complaints refer to domain of (construction and municipal activities and work of municipal state companies, reconstruction, damage occasioned by war or terrorism, treats to personal safety (30), non-implementation of administrative acts and court enforcement orders, execution of criminal sanctions and pardons, privatisation and transformation of state companies etc.) and they didn't need to be classified. During 1998 the Office received only 137 (9,1%) those complaints while in 1997 dealt with 183 (13,1%).
Investigating procedure was completed on the whole regarding 825 (65,1%) complaints submitted in 1998, and 238 complaints received in the preceding years.
After concluding investigating procedure, 117 (14,1%) cases was found unjustified. Regarding 245 cases (29,6%) the Ombudsman didn't start investigating procedure against administration bodies or bodies vested with public powers, nevertheless the complainant was given legal advice and direction what to do, what however means that certain violation of complainant's rights existed, so the purpose to help the complainant without direct measures could be realized.
After investigating procedure was concluded, in 466 cases the Ombudsman realized that the complainant's rights were jeopardized or violated, the measures were conducted against administration bodies or bodies vested with public powers, what was in relation to completed investigating procedure in 1998 56,4%. The Ombudsman directed 294 (63,1% of all measures) recommendations, 160 (34,3%) warnings and 12 (2,6%) the requests to cancel decisions under supervision.
According to those figures it is obvious that of all 2029 complaints submitted in 1998, 1476 (72,4%) cases were resolved to the full.
By the end of April, the Annual Report 1998 was completed and submitted to the Croatian National Parliament. The House of Representatives took under consideration the Annual Report 1998 during the session on May 20 and after the discussion estimated it exceedingly high and accepted in full.
International contacts
- 12 February, Mr. Jiri Dienstbier, Special Rapporteur of the UN Commission on Human Rights during his visit to the Republic of Croatia met with Croatian Ombudsman Mr. Ante Klarić, aiming at continuation of their cooperation in addressing human rights problems.
- 11 March, Mr. Alex Budden, third secretary of Know How Fund and Public Affairs in Croatia, Britain's programme of bilateral technical assistance to the countries of Central and Eastern Europe who aims to support the process of transition of Croatia to a pluralist democracy and a market economy in a way which promotes and recognises the interests of all their people visited the Office of the Ombudsman to talk on future cooperation between the Office and British Government
- 23 March, the responsible researcher Mr. Benjamin Ward and the Director of the Human Rights Watch Office in Bruxelles, and Ms. Lotte Leicht met with the Ombudsman Mr. Ante Klarić
- 10 May, Mrs. Mary Robinson, United Nations High Commissioner for Human Rights accompanied by Mr. Edward J. Flynn, Human Rights Officer, Geneve, Mr. Jose Diaz, Press Officer of the High Commissioner, Geneve and Mr. Bayisa Wak-Woya Chief of the Office of High Commissioner on Human Rights in Croatia, during her visit to Croatia visited the Office and met with Mr. Ante Klarić, Croatian National Ombudsman
- 10 - 21 May, Mrs. Marta Vidaković Mukić, Deputy Ombudsman took part in a special two-week study programme "When citizens Complain: The Role of the Ombudsman in Improving Public Services" organized by the Public Administration International in London
- 12 May, Mr. Karl Henrik Assargard, political counsellor of European Community Monitor Mission in Croatia visited the Office of the Ombudsman and met with Mr. Ante Klarić
- 4 - 7 May, prof. dr. Adam Zielinski, Polish Ombudsman accompanied by Mrs. Krystyna Milart-Szostak, Director of the Group for Local Affaires, Local Government and Environmental Protection and Mr. Stanislaw Wilenski, Press Spokesman, on the invitation of Croatian National Ombudsman visited our Office.
Newsletter No. 18
National Ombudsman, Croatia
Activities of the Ombudsman during 1998
General Information on the Work on Complaints
During 1998, the Ombudsman received 2029 complaints and notices of violations of the rights of citizens, what is in relation to previous 1997 year increase of 15,3%, since the Office that year received 1760 complaints.
In 1998, the Office of the Ombudsman also worked on complaints received in the preceding years which were still not resolved. Five hundred and seventy eight complaints from preciding years were being processed 1998. Therefore, the Office of the Ombudsman worked on the total of 2607 complaints in 1998, what is increase of 34,7%.
The Ombudsman received complaints from all over Croatia, the Office also received 39 complaints from foreign countries, 22 of them were from western Europe, 9 from Bosnia and Herzegovina and 8 from Yugoslavia.
The largest number of complaints were submitted in Zagreb (484), Split (97), Karlovac (84) Rijeka (57) and Korenica (67). It is very important to mention that relatively small number of complaints submitted in Zagreb referred to the work of Zagreb municipal authorities. The large number of those complaints were submitted by Croatian defenders and refugees as well as the citizens who complained on the work of the central administration bodies and bodies vested with public powers.
In addition to above mentioned complaints more than twenty arrived from the town of Zadar (42), Osijek (41), Vojniæ (31), Vukovar (30), Slavonski Brod (27), Petrinja (27), Dubrovnik (26) and Gračac (24).
Between eleven and twenty complaints arrived from eleven places (Glina, Gvozd, Knin, Okučani, Požega, Pula, Šibenik, Slunj, Topusko, Velika Gorica i Vinkovci).
Between five to ten complaints arrived from the places (Crikvenica, Daruvar, Duga Resa, Dugi Rat, Dvor, Ăakovo, Čakovec, Gospiæ, Hrvatska Kostajnica, Ilok, Krk, Krnjak, Kutina, Lepoglava, makarska, Nova Gradiška, Ogulinm, Opatija, Pakrac, Plaški, Poreč, Rogoznica, Rovinj, Samobor, Sesvete, Skradin, Sunja, Tušiloviæ, Udbina, Vodice and Zaprešiæ).
According to those figures, it is obvious that large number of complaints were submitted in the places of residence of refugees and displaced persons who didn't yet return to the places of their origin, as well as from the places that particularly suffered damage during Homeland war and those that were under occupation, respectively to the places of particular state concern. Therefore, the consequences of the war damages are still present, due to financial ability of the state to repair in short time all damages that arose during the war.
In 1998, 1476 citizens addressed the Ombudsman directly by visiting his Office. In relation to previous year 10,2% more citizens visited the Office of the Ombudsman. This means, that an average of seven person visited the Office of the Ombudsman on daily basis. Those citizens were received by the Ombudsman himself or his deputies. Most of the citizens (approx. 45%) who visited the Office personally complained against the work of the courts or requested legal advice and assistance (approx. 30%) Several hundred citizens requested legal assistance over the phone, requested assistance mostly related to legal issues in competence of the courts.
Out of the total number of received complaints and notices of violations of the rights of citizens 271 (13,4%) didn't relate to administration bodies or bodies vested with public powers, therefore, the Ombudsman couldn't act, respectively he didn't have to act.
During 1998 the Ombudsman received 255 (12,6%) complaints against the work of the courts. The complainants were informed that the courts are not in competence of the Ombudsman. Nevertheless, all complaints were studied out and in 110 (43,1%) cases was established that the rights of the complainants could be imperilled or violated, mainly due to an unusually long court procedure or other reasons. These complaints were forwarded to the Ministry of Justice and Ministry of Justice was asked to take steps towards the president of the court in competence to undertake adequate measures in regard of speeding up the procedure or other corresponding measures. Ministry of Justice reacted promptly, and from their answers it could be concluded that the procedure was quickened to a certain degree, so the complainant was protected in some way.
In relation to previous year significant increase of the complaints regarding courts could be observed, in spite of the fact that the citizens were much better informed of the work and powers of the Ombudsman owing it to the public appearance of the Ombudsman himself and distribution of the brochure on the powers of the Ombudsman. From the letters, and particularly according to verbal statement of the complainent, the conclusion could be made that the complainents referred to the Ombudsman because there is not another body where they could complain sucefully regarding lack of promptness and as well as unprofessional work of the court or particular judge.
Out of the total number of received complaints (2029) in 1998 after omitting those complaints that referred to a body or institution which was not within the competence of the Ombudsman, in addition to the complaints against the work of courts (416 cases) it could be concluded that the Ombudsman dealt with 1503 new complaints.
Apart from such procedure through the Ministry of Justice in the cases (110) when courts were alarmingly slow, the Ombudsman took steps to evaluate individual violations of constitutional and vested rights of citizens (1503 new cases), failures or other irregularities in the work of administrative bodies or bodies vested with public powers, respectively the complainants were given legal advice and instruction how to protect or defend their own rights.
The structure and numbers distribution of the complaints in 1998 was very similar to those received in the preceding year.
Further, the largest number of complaints against violations of the constitutional or vested rights of citizens was related to property and housing rights. The protection and assistance of the Ombudsman was requested by 600 citizens (39,9% of the total number of complaints processed by the Ombudsman). In relation to previous year it was insignificant decrease (from 42,1% to 39,9%) primarily less complaints were submitted regarding housing rights. The large number of complaints regarding this sphere related to violations of property rights (312 or 20,8% in relation to total number of complaints). Compared with previous year there is absolute and relative increase of the complaints regarding violations of property rights. Namely, in 1997, 256 complaints were submitted (18,3% in relation to total number). Nevertheless, as one could get wrong impression it should be pointed out that complaints submitted by the Croatian citizens from Podunavlje region who were expelled from their homes during 1991 and 1992 complained for the first time in 1998, because other people were still occupying their homes, therefore they could not return their homes to possession and for use. In addition, the fact is that should be stressed that neither violation of property rights didn't occur in 1998, all of them related to 1995 and 1996 and they are still unresolved.
Out of the total number of received complaints the second place refer to the complaints against the work of administrative bodies and bodies vested with public powers referred to violations of the pension and disability insurance, health care and the work of health services as well as in domain of labour, employment rights and social care. In 1998 the number of such complaints amounted to 372 (24,7%) cases what is in relation to 1997, relatively small decrease when the Ombudsman received 349 (25,0%) cases.
In relation to 1997, the number of complaints regarding Croatian defenders and civilian casualties of war significantly increased in 1998. During 1998 the complainants 234 (15,6%) mostly demanded protection of their rights and reconstruction of their homes, what is significant increase comparing to 1997 when the Office received only 134 (9,6%) complaints.
Out of the total number of received complaints the fourth place refer to the complaints regarding difficulties to regulate personal status, particularly the status of a Croatian citizen. During 1998, 160 (10,6%) complaints were submitted regarding difficulties to acquire Croatian citizenship, problems of permanent settlement or extended stay of an alien, comparing to 1997 when the Office received 144 (10,3%) complaints.
The fifth group of the complaints is heterogeneous, and in small number, those complaints refer to domain of (construction and municipal activities and work of municipal state companies, reconstruction, damage occasioned by war or terrorism, treats to personal safety (30), non-implementation of administrative acts and court enforcement orders, execution of criminal sanctions and pardons, privatisation and transformation of state companies etc.) and they didn't need to be classified. During 1998 the Office received only 137 (9,1%) those complaints while in 1997 dealt with 183 (13,1%).
Investigating procedure was completed on the whole regarding 825 (65,1%) complaints submitted in 1998, and 238 complaints received in the preceding years.
After concluding investigating procedure, 117 (14,1%) cases was found unjustified. Regarding 245 cases (29,6%) the Ombudsman didn't start investigating procedure against administration bodies or bodies vested with public powers, nevertheless the complainant was given legal advice and direction what to do, what however means that certain violation of complainant's rights existed, so the purpose to help the complainant without direct measures could be realized.
After investigating procedure was concluded, in 466 cases the Ombudsman realized that the complainant's rights were jeopardized or violated, the measures were conducted against administration bodies or bodies vested with public powers, what was in relation to completed investigating procedure in 1998 56,4%. The Ombudsman directed 294 (63,1% of all measures) recommendations, 160 (34,3%) warnings and 12 (2,6%) the requests to cancel decisions under supervision.
According to those figures it is obvious that of all 2029 complaints submitted in 1998, 1476 (72,4%) cases were resolved to the full.
By the end of April, the Annual Report 1998 was completed and submitted to the Croatian National Parliament. The House of Representatives took under consideration the Annual Report 1998 during the session on May 20 and after the discussion estimated it exceedingly high and accepted in full.
International contacts
- 12 February, Mr. Jiri Dienstbier, Special Rapporteur of the UN Commission on Human Rights during his visit to the Republic of Croatia met with Croatian Ombudsman Mr. Ante Klariæ, aiming at continuation of their cooperation in addressing human rights problems.
- 11 March, Mr. Alex Budden, third secretary of Know How Fund and Public Affairs in Croatia, Britain's programme of bilateral technical assistance to the countries of Central and Eastern Europe who aims to support the process of transition of Croatia to a pluralist democracy and a market economy in a way which promotes and recognises the interests of all their people visited the Office of the Ombudsman to talk on future cooperation between the Office and British Government
- 23 March, the responsible researcher Mr. Benjamin Ward and the Director of the Human Rights Watch Office in Bruxelles, and Ms. Lotte Leicht met with the Ombudsman Mr. Ante Klariæ
- 10 May, Mrs. Mary Robinson, United Nations High Commissioner for Human Rights accompanied by Mr. Edward J. Flynn, Human Rights Officer, Geneve, Mr. Jose Diaz, Press Officer of the High Commissioner, Geneve and Mr. Bayisa Wak-Woya Chief of the Office of High Commissioner on Human Rights in Croatia, during her visit to Croatia visited the Office and met with Mr. Ante Klariæ, Croatian National Ombudsman
- 10 - 21 May, Mrs. Marta Vidakoviæ Mukiæ, Deputy Ombudsman took part in a special two-week study programme "When citizens Complain: The Role of the Ombudsman in Improving Public Services" organized by the Public Administration International in London
- 12 May, Mr. Karl Henrik Assargard, political counsellor of European Community Monitor Mission in Croatia visited the Office of the Ombudsman and met with Mr. Ante Klariæ
- 4 - 7 May, prof. dr. Adam Zielinski, Polish Ombudsman accompanied by Mrs. Krystyna Milart-Szostak, Director of the Group for Local Affaires, Local Government and Environmental Protection and Mr. Stanislaw Wilenski, Press Spokesman, on the invitation of Croatian National Ombudsman visited our Office.
