In the investigation into the lawyer's complaint, the Protector assessed that the complainant's allegations were well-founded, taking into account the long period of inaction by the competent authority and the absence of any statement from the Commission despite the urgency.
"Based on the established facts and circumstances of the case, the Protector determined that the proceedings were initiated in 2005 and have not been completed to date, while there have been no procedural activities for a period of more than 13 years," the opinion stated.
According to the case files, the last procedural action was taken in 2012, when the findings of the geodetic expert were ordered to be supplemented, and after that the case remained without further action. Also, the Commission did not submit a statement to the Protector, although it was requested to do so several times.
The complainant indicated that the long-term failure to act violated her right guaranteed by Article 6 of the European Convention on Human Rights and Article 32 of the Constitution of Montenegro, which the Ombudsman accepted.
The Protector particularly emphasized that in such cases, which relate to property rights, "particularly prompt and efficient action is required", because any delay directly affects the legal security of citizens.
"It cannot be concluded that the case was particularly complex, nor that any complexity could justify the fact that in a procedure that has lasted almost two decades, there were no procedural actions for a period longer than 13 years," the opinion stated.
The Ombudsman concluded that there had been a violation of the right to a trial within a reasonable time and pointed out that such a practice could also lead to the initiation of proceedings for state liability and compensation for damage.
Recommendations were sent to the Bar Commission for Restitution and Compensation to conclude the case without delay, ensure efficiency and promptness in its work, and to act promptly upon the Protector's requests in the future.
The Commission is obliged to submit a report on the actions taken to implement the recommendations within 30 days.
