Here you can read the full request directed to the Municipality of Gjilan:
From: Animal Rights Foundation Kosovo
DATE: 22 November 2019
According to Articles 4 and 10 of Law no. 06 / L-081 on Access to Public Documents, (hereinafter referred to as “the Law on Access to Public Documents”), the Foundation submits through its authorized representative:
Reqeust for Access to public documents
1.1. The Foundation was established on 12.04.2018 and operates in Kosovo in accordance with the legislation of the Republic of Kosovo. The purpose of the Foundation is explicitly stated in the acts of foundation of the Foundation. The Foundation was established with the aim of protecting and promoting animal rights. The purpose of the Foundation is also to promote and support continuously the laws and ethics of animal protection and to promote the relations between humans and animals, both nationally and internationally.
1.2. On 11.09.2019, Municipality of Gjilan in the capacity of Contracting Authority, (hereinafter referred to as “Municipality of Gjilan”) and “ZijahIdrizi” B.Name of NTSH “FAUNA”, (hereinafter referred to as “NTSH.” Fauna “) in the capacity of Economic Operator, have entered into a Service Contract – Handling of stray dogs with identification number 651-19-6045-2-3-6, with internal GI number 651 19 079 236, (hereinafter referred to as” Contract – Handling of stray dogs with identification number 651-19-6045-2-3-6 ”).
Probation: Service Contract – Handling of stray dogs with identification number 651-19-6045-2-3-6, with internal GI number 651 19 079 236, concluded between Gjilan Municipality and N.T.SH. “Fauna”.
1.3. On 11.09.2019, Municipality of Gjilan in the capacity of Contracting Authority, (hereinafter referred to as “Municipality of Gjilan”) and “ZijahIdrizi” trademark NTSH. “FAUNA”, (hereinafter referred to as “NTSH. Fauna”) in the capacity of Economic Operator, have entered into a Service Contract – Handling of stray dogs with identification number 651-19-6045-2-3-6, with internal GI number 651 19 079 236, hereinafter referred to as “Contract”.
1.4. From field monitoring, the Foundation staff have observed a number of irregularities related to contract performance Treatment of stray dogs with identification number 651-19-6045-2-3-6. The Foundation suspects that these irregularities which occurred during the execution of the Contract for the Treatment of Stray Dogs with Identification Number 651-19-6045-2-3-6, have consisted in the violation of animal rights. Concerning the realization of this contract, the Foundation has noticed and received information that: Dogs tagged, castrated and vaccinated in 2018 are no longer found on the street, respectively in the centre of Gjilan, in the place where they have been staying for a while long. Worrying is the fact that many other dogs are being released in the Gjilan city centre. That is, there are new and never-before-seen stray dogs and those who were there are no longer there.
Given that the Municipality of Gjilan / Gnjilane, as a Contracting Authority, was obliged to inspect the implementation of this Contract, then it undoubtedly possesses or should possess information, facts, documents regarding the fulfillment of this Contract.
1.5. Given that the purpose of the Foundation is to protect and promote animal rights, it then requests that it have access to:
- Reported dog lists handled by N.T.SH. “Fauna”;
- Data on the number of castrated dogs, and photo identification of castrated dogs as well as dogs that have been euthanized;
- Address of the Shelter (Temporary Care Center) where the dogs stayed after castration;
- Reporting Method Required by N.T.SH “Fauna” for Work Performed;
- And other data which the economic operator is obliged to keep in accordance with Article 17 of the Administrative Instruction (MAFRD) – Nr. 04/2017 on the Technical Requirements of the Temporary Stray Animal Care Center.
1.6. Article 3 paragraph 1 sub-paragraph 1.2. of the Law on Access to Public Documents, defines the notion of a public document as “Public Document – means any act, fact or information in electronic or voice form, in printed form, in visual or audio-visual recordings produced or maintained by a public institution”, whereas under paragraph 1.3. of this Article provides that “Information – means, but is not limited to, data, photographs, drawings, videos, films, reports, acts, charts, projects, drafts or other additions that are produced, received, maintained or controlled by public institutions, whether contained in any document, and regardless of source, time of creation, place of storage or storage, medium or form in which it is located, the name or public institution in whose name it was created or any other characteristic “ . For the purposes of this provision, the information required as in point 1.5. of this request is available to the Municipality of Gjilan, as provided in Article 9 of the Contract and Article 81 of Law No. 04 / L-042 on Public Procurement in the Republic of Kosovo (hereinafter referred to as “the Law on Procurement”), it is foreseen the obligation of the contracting authority, in this case the Municipality of Gjilan to manage the contract, and request the relevant documentation from the economic operator, in order to assess whether the works are being performed in accordance with the contract and the legislation in force.
1.7. Thus, Article 81 of the Law on Procurement provides that the Contracting Authority in this case the Municipality of Gjilan should check the documentation related to the execution of the contract. In such circumstances it is undisputed that the Municipality of Gjilan / Gnjilane has all the information on how the contract for the treatment of stray dogs with identification number 651-19-6045-2-3-6 was executed.
1.8. Article 4 of the Law on Access to Public Documents provides that “The right of every person to access public documents, as well as the guarantee and fulfilment of this right by public institutions constitutes one of the foundations of democratic and transparent institutions” Article 10 para. 1 of this Act provides that “Every person has the right of access to public documents upon request.” These legal acts are also based on the constitutional norms that regulate the issue of access to public documents. Article 41 of the Constitution of the Republic of Kosovo provides that “Every person shall have the right of access to public documents. of privacy, business secrets or classified security information “. For the purposes of these provisions, the right of the Foundation as a subject to the right of access to the Public Documents required by paragraph 1.5. is a constitutionally guaranteed right and this should be done by the public body in this case the Municipality of Gjilan, which holds the required information.
1.9. Among other things, in view of the importance of carrying out works in the general interest and the use of public funds, Article 1 of the Law on Public Procurement expressly provides that one of the purposes of this law is to increase transparency regarding the use of public funds. Ensuring transparency during procurement activities is expressly regulated in Section 10 of the Law on Public Procurement and Article 6 of Law no. 05 / L-068 on Amending and Supplementing the Law no. 04 / L-042 on Public Procurement in the Republic of Kosovo, as amended by Law no. 04 / L-237 (hereinafter referred to as “the Law Amending the Law on Public Procurement”). Article 6, paragraph 2 and paragraph 3, of the Law on Supplementing and Amending the Law on Public Procurement clearly states that the interested party has the right to have access to all the existing documentation related to the procurement activity, whether the documents were issued at the beginning of the procurement procedure, during the execution of the contract or even after the contract was closed.
1.10. In the present case it is undisputed that the Foundation is an interested party. The fact that the Foundation is an interested party is corroborated by the very purpose for which this Foundation was established. As stated above, the purpose of the Foundation is to protect and promote animal rights. Since in this case we are dealing with a contract that deals with the treatment, namely management and control of animals, then this activity directly affects the interests and goals of the Foundation, which are the protection and promotion of animal rights. So the actions which were taken by the winning economic operator N.T.SH. Fauna, which includes: catching, castration, sterilization, vaccination and when necessary and the use of euthanasia as the most serious measure, directly affect the rights of animals and in order to ascertain that in carrying out the work by the NT SH. If the animal rights are respected and the public money is properly managed in accordance with the legislation in force, then it is necessary that the Foundation be provided with the data required under point 1.5 of this letter.
Therefore, based on the above, taking into account the legal and constitutional provisions, I request the Municipality of Gjilan to take this within the legal deadline:
DECISION
- TO APPROVE The request of the Animal Rights Foundation to have access to Public Documents in the Municipality of Gjilan.
- TO ALLOW the Animal Rights Foundation to have access to Public Documents maintained by the Municipality of Gjilan / Gnjilane: 1. Reported dog lists handled by N.T.SH. “Fauna”; 2. Data on the number of castrated dogs, and photo identification of castrated dogs and also of dogs that have been euthanized; 3. Address of the Shelter (Treatment Centre) where the dogs stayed after castration; 4. Reporting Method as Requested by SOE “Fauna” for Work Performed; and 5. Other data which the economic operator is obliged to keep in accordance with Article 17 of the Administrative Instruction (MAFRD) – Nr. 04/2017 on the Technical Requirements of the Temporary Stray Animal Care Center.