Dear
Mr. Dobjani,
I
am asking for your URGENT assistance in the context of comments
which our Office has offered on the draft law on ombudsman of a
country which, under the chapter “Procedure”, contains the
following provisions:
"Article
XX:
Prior
to submitting of a complaint a citizen is required to endeavour
to protect his/her rights in pertaining legal proceedings. The
Ombudsman shall direct the complainant to instigate relevant
legal proceedings when such proceedings are provided, and shall
not instigate investigation until all legal remedies have been
exhausted.
Article
XXX
The
Ombudsman shall reject the complaint: [...] if filed prior to
exhausting all available legal remedies".
My
questions are the following:
I.
Under the laws of your country, is the ombudsperson
barred from taking up a case that has been brought before a
court, or does the ombudsperson have to stop or suspend all
proceedings in a case as soon as the same case is brought before
a judge (which kind of judge?) ? If so, can the ombudsperson
have any role after the court decision, and which role ?
2.
What is your practice when a case your are dealing with
is brought before an (administrative, other ?) judge? As a rule,
do you stop dealing with the matter? If so, what is the rough
percentage of such cases as compared to your overall load of
admissible cases?
3.
What are the deadlines in your country for filing a
claim against an administrative decision with the
ombudsperson, with a court (administrative, other)?
4.
Very, very roughly, how much time do you guess it takes for
the (administrative) courts of your country to reach a last
instance decision in a case where an administrative decision
has been challenged?
5.
What is the average time it takes you to make your
recommendation after a complaint?
6.
Which would be your comment with respect to the above
draft provision?
I
am asking these questions also to all your colleagues in Europe.
The answers to questions 1 to 5 will be compiled and sent to
you. Answers to question 6 will be treated as confidential in
the sense that the author of such comment will not be indicated
to whomsoever.
Unfortunately
this is an urgent matter and I would be most grateful to
receive answers at the latest next week. Also it would be
helpful if you indicate the name and telephone number of a
person from whom I could obtain further clarification, if need
be.
Please
accept in advance my warmest thanks for your help.
Sincerely
yours,
Markus
JAEGER
Deputy
to the Director / Adjoint au Directeur
Office
of the Commissioner for Human Rights/ Bureau du Commissaire
aux droits de I’homme
Council
of Europe / Conseil de /’Europe
F-67075
Strasbourg Cedex
