Culture

Cultural heritage institutions turn a blind eye to the works on "Rexhep Luci" street in the capital

Rexhep Luci street

The Cultural Heritage Inspectorate has confirmed that they have not received any letter stating that works are being carried out without consent in protected areas. However, since November 20, work has been underway on this street, one of the most central in the city. The Law on Cultural Heritage stipulates that in situations where protected areas are concerned, written permission from cultural heritage institutions is required.

Photo: Driton Pacharada

While the “George Bush” Square is seen as a protective zone of the Historical Center of Pristina and this has been one of the reasons for the Municipality’s suspension of works on the “Rexhep Luci” street, where works have started since November, cultural heritage institutions have not reacted at all. KOHA has confirmed that the Municipality has not received consent from the Kosovo Institute for the Protection of Monuments for the project that weighs over 1.3 million euros. At least according to a letter from the Regional Center for Cultural Heritage in Pristina and an extract from the map of the protective zone of the Historical Center of the capital, this street enters areas where infrastructure is not allowed without consent from the IKMM.

Cultural heritage institutions have turned a blind eye to the project that the Municipality of Pristina is developing on “Rexhep Luci” street. While they see “George Bush” Square as a protective zone of the Historic Center of Pristina and this was one of the reasons for the Municipality’s suspension of works on “Rexhep Luci” street, where works began in November, cultural heritage institutions have not reacted at all. KOHA has confirmed that the Municipality has not received consent from the Kosovo Institute for the Protection of Monuments for the project that weighs over 1.3 million euros.

“Rexhep Luci” Street is in the eyes of the Ministry of Culture and at the same time one of the most frequented parts of the city. At least according to a document from the Regional Center for Cultural Heritage in Pristina and an extract from the map of the protective zone of the Historical Center of the capital, this street enters the areas where infrastructure is not operated without the consent of the Kosovo Institute for the Protection of Monuments. To the west, “Rexhep Luci” is separated from the cultural heritage asset “Prison Museum of Pristina” only by “Luan Haradinaj” Street.

Central and local institutions, despite the fact that the Historic Center of Pristina is on the List of Cultural Heritage under Temporary Protection, are hesitant to talk about the Center's boundaries. But KOHA has seen that in a letter from the QRTK to other institutions, the entire central boulevard of the capital is in a protective zone, as is "Rexhep Luci" street.

"No project has been brought to us for approval and despite a process that is underway to establish the new boundaries of the Historical Center, a project for that part should have been brought for approval," the Kosovo Institute for the Protection of Monuments announced. Regarding the boundaries of the Historical Center of Pristina, along with the protective zone and the works that are taking place on "Rexhep Luci" street, the Regional Center for Cultural Heritage has not responded. The Cultural Heritage Inspectorate has confirmed that they have not received any letter that works are being carried out without consent in protected areas. But since November 20, work has been underway on this street, one of the most central in the city.

The Law on Cultural Heritage stipulates that in situations involving protected areas, written permission from cultural heritage institutions is required.

“Any intervention that affects the integrity or values ​​of cultural heritage requires written permission from the competent institution,” is stipulated in Article 4 of the Law on Cultural Heritage. It also states that the competent institution orders the immediate cessation for an indefinite period of time of any unauthorized work on cultural heritage.

“The application for a permit for the construction of buildings or other creations within the protected area of ​​an architectural monument, or within an architectural conservation area, or affecting the environment of an assembly, is submitted for consideration to the competent institution. The competent institution has a veto on the granting of such a permit. If the competent institution does not respond within 15 days regarding the application for the construction of buildings or other developments, the permit may be determined by the relevant planning and construction authority,” is stipulated in Article 6.

The law also specifies the protected area around the monuments.

"Architectural monuments under temporary or permanent protection have a protection zone, which is 50 meters from the perimeter of the monument. This protection zone may be expanded or narrowed and is determined in the plan of the competent institution and in the relevant spatial plans in accordance with Article 2 of Law No. 2003/14 on spatial planning," reads Article 6 of the law.

One of the directors responsible for new projects in the Municipality did not want to comment on the situation. He questioned the boundaries of the Historic Center. 

Officials from the Ministry of Culture and the Municipality of Pristina have long started work on the project “Feasibility Study and Management Plan for the Historic Center of Pristina” which aims to integrate cultural heritage into a sustainable, green and inclusive development for the future of the capital. The project is funded by the MCYS and supported by UN-Habitat, through the Inclusive Development Program funded by the Government of Sweden. 

The project on "Rexhep Luci" street also has other problems in relation to laws and a court decision. 

In the first instance judgment of the Commercial Court, the decision of the Municipality of Pristina to close the streets "Rexhep Luci" and "Qamil Hoxha" was annulled.

The Municipality of Pristina had repealed the decision to close several roads in Pristina.
Residents of "Rexhep Luci" and "Qamil Hoxha" streets had threatened to sue the Municipality of Pristina for disrespecting the court order.

Contempt of court is a criminal offense under applicable laws.

"Anyone who disobeys any order, decision or final judgment of any court in the Republic of Kosovo or refuses or obstructs the publication of the decision or final judgment of such court, shall be punished by a fine or imprisonment of up to six (6) months ", it is stated in article 393, paragraph 1 of the Criminal Code.

And for the non-implementation of the court decision, the Commercial Court had said that the prosecution should seek responsibility.

"The court has no legal mandate or special mechanism to act further regarding the implementation/non-implementation of court decisions, except for lawsuits or proposals initiated by the parties to the procedure. The State Prosecutor's Office of the Republic of Kosovo is competent for the non-implementation of court decisions," they said in the Commercial Court. 

The Municipality of Pristina already has a long "experience" of starting works without receiving approval for projects from the Kosovo Institute for the Protection of Monuments. 

On Wednesday of last week, the Cultural Heritage Inspectorate imposed a ban on works on “George Bush” Square. But even a few hours after the works were stopped, the Municipality continued to place fences around the National Library of Kosovo. The next day, it inaugurated “Erhard Busek” Square there.

"The works began over the weekend, when the site was fenced off. 'George Bush' Square will be built in this area. The area where the works are being carried out is located within the assets of the Historical Center of Pristina, the 'Grand' Hotel, the Rectorate and Radio Pristina. For these works, a request for permission has not yet been addressed to the cultural heritage institutions, while we were informed by the party that they have been provided by the Municipality of Pristina with consent to allow the works", the Minutes state as regards the ascertainment of the factual situation. According to this Minutes, the Director of Transformation in the Capital, Gëzim Kastrati, had stated: "We have started the works on the basis of the consent to allow the development of construction works issued by the Directorate of Urbanism, Municipality of Pristina. We will follow the procedures for approval from the cultural heritage institutions as well." 

The measure taken clarifies that the works have been stopped. 

"Works are prohibited. Official banners and signs are placed. The party is obliged to obtain a permit from cultural heritage institutions within 30 days," it is written in the Minutes through which the works for which the Municipality has a contractual relationship worth 18.4 million euros were prohibited. 

Last year, the Municipality had started the construction of the “Arbëri Urban Island - Youth Palace”, maneuvering with the place where the works were planned to start. The Municipality had placed information boards for the project across the railway and the motorway. The heavy vehicles were also positioned there to inaugurate the works. However, the railway is the border line between “Arbëri” and the protected area of ​​the Historic Center of Prishtina.

Since the Palace of Youth and Sports is also protected as a monument, the Kosovo Inspectorate for the Protection of Monuments had stopped the works as soon as the signs were put up, as the Municipality had not complied with the legal provisions for obtaining consent from cultural heritage institutions. 

After the works were interrupted, through which the Municipality was preparing to inaugurate the start of the project, the institution found a solution: it moved the signs across the railway track and started the works in “Arbëri”. Then it applied for consent, but the Kosovo Institute for the Protection of Monuments rejected the project, with the reasoning that the Conservation Plan for the Historic Zone of Pristina is being drafted and that the Municipality’s project should be reviewed. The Municipality has appealed this decision. The project costs 6.5 million euros and over a million has already been paid to the contractor, although the work is not continuing. “Island...” also passes through the space dedicated to the Opera and Ballet Theater.

The Ministry of Culture has filed a criminal complaint in this case against the mayor of Pristina, Përparim Rama, for "violating 2.5 million euros", the cost of the Opera and Ballet Theater project.