The Defender of Human Rights and Freedoms has found that a resident of Niksic was denied effective protection of his right to unobstructed access to his home after years of institutional inaction and responsibility-shifting.
The dispute concerns an 80-square-metre plot owned by the state power utility EPCG and registered as an uncategorised road. Vehicles, fences and other obstacles have blocked the route, which residents say is the only access to their apartment building.
EPCG reported the problem to the municipal police, which declared itself incompetent because the land was privately owned. EPCG, meanwhile, argued that it lacked the authority to remove the obstacles. The Human Rights Defender concluded that neither side made sufficient use of available legal mechanisms or coordinated effectively with other institutions.
The case is particularly serious because people with disabilities live in the building, while claims that ambulances and fire engines cannot reach it were not disputed.
The Defender stressed that the issue went beyond property law and directly concerned residents’ safety, health and dignity. EPCG, the municipal police and Niksic’s inspection authority were ordered to take corrective measures and submit report within 30 days.
