Correctional Centres Holding cells...Ko Correctional Centres Holding cells KRCT Report Prishtina, Kosovo Preventing torture and other f o rm s of Human Rights violations in places

Correctional Centres

Holding cells

KRCT Report

Prishtina, Kosovo

Preventing t o r t u r e and other f o r m s of Human Rights violations in places of detention in Kosovo

An EU Funded project managed by the European

Commission Liaison Office in

Kosovo

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Human Rights Standards in the Correctional Centres, Detention Centres and Police Holding Cells

Preventing Torture and other forms of Human Rights

violations in places of detention in Kosovo is a project

funded jointly by the European Union and the Civil Rights

Defenders. T his project is managed by the European

Commission Liaison Office in Kosovo and the Civil Rights

Defenders.

The content of this publication is the sole responsibility of

the Kosova Rehabilitation Centre for Torture Victims and can

in no way be taken to reflect the views of the European Union

or the Civil Rights Defenders.

Author: Dr. Feride Rushiti, Executive Director

Reviewer: Mrs. Erinda Bllaca

Monitors: Dr. Feride Rushiti (Executive Director), Laura

Jaffrey (Project Manager), Xhevdet Halili,

Dr. Reshat Bajrami, Dr. Osman Veliu, Lucas

Grandjean, Ardita Metaj-Dika, Fatmire Haliti,

Sandrine Conus, Thymiane Rizzardo,

Yaroslav Shirjaev

Interpreters during the visits: Selami Krasniqi, Fatime

Gerxhaliu, Sonja Milojevic

© Kosova Rehabilitation Centre for Torture Victims (KRCT)

Publications October 27th

2010

Hamëz Jashari 16b/2,

10000 Pristina, Kosovo

Tel/Fax: +381 (0)38 243 707

E-mail: [email protected]

Website: www.krct.org

mailto:[email protected]

http://www.krct.org/

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TABLE OF CONTENTS

Acronyms......................................................................................5

Introduction.................................................................................7

Acknowledgements.................................................................11

Methodology............................................................................13

Current situation and overall analysis..........................23

Calendar of specific monitoring visit.......................37

Monitoring the system ..........................................61

• Findings from the Correctional and Detention

Centres.............................................................. 61

• Findings from Police Holding Cells.......................75

Media monitoring......................................................81

Lobbying and advocacy.........................................85

• Public events.......................................................87

•Publications.....................................................................95

• Snapshot of the activities......................................98

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5

LIST OF ACRONYMS

CCK Provisional Criminal Code of Kosovo

CPCK Provisional Criminal Procedure Code of

Kosovo

CPT European Committee for the Prevention of Torture

and Inhuman or Degrading Treatment or

Punishment

CRD Civil Rights Defenders

ECHR European Convention for the Protection of

Human Rights and fundamental Freedoms

EIDHR European Instrument for Democracy and Human

Rights

EULEX European Union Rule of Law in Kosovo

HR Human Rights

HRW Human Rights Watch

ICCPR International Covenant on Civil and Political

Rights

ICESCR International Covenant on Economic, Social and

Cultural Rights

ICRC International Committee of the Red Cross

KCS Kosovo Correctional Service

KP Kosovo Police

KRCT Kosova Rehabilitation Centre for Torture Victims

LEPS Law on Execution of Penal Sanctions

N P M National Preventive Mechanism

OPCAT Optional Protocol to the United Nations

Convention against Torture and other Cruel,

Inhuman or Degrading Treatment or Punishment

OSCE Organization for Security and Cooperation in

Europe

SMR Standard Minimum Rules for the Treatment of

Prisoners

UDHR Universal Declaration of Human Rights

UNCAT Convention against Torture and other Cruel,

Inhuman or Degrading Treatment or Punishment

UNMIK United Nations Mission Interim Administration

Mission in Kosovo

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7

Introduction

Introduction

Kosova Rehabilitation Centre for Torture Victims (KRCT) is an independent, non-governmental and non-profit organization founded in 1999 with th e mi s si on t o prov i d e t re a t me n t an d rehabili tati o n for Kos ovar t ortu re and war victims. KRCT continuously works to expand its staff‟s competencie s and the public sector‟s

capacity to provide services on trauma and torture related issues. KRCT is also engaged in promoting the respect of human rights of people of all ethnicities in Kosovo and in the prevention and eradication of torture and any other form of ill-treatment.

The Human Rights and Advocacy Sector was established in 2006 as part of KRCT prevention strategy. It conducts thorough researches on the gaps in Kosovo legal framework concerning the prohibition and prevention of torture and the

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Human Rights Standards in the Correctional Centres, Detention Centers and Police Holding Cells

protection of victims‟ rights in order to raise the awareness of the competent authorities on the need to take the necessary legislativ e steps. Moreover, KCRT has initiated discussions with the relevant stakeholders on the establishment of a National Preventive Mechanism in Kosovo. In the past years, KRCT also organized trainings for journalists, members of the Kosovo Police and for the management‟s staff of the correctional and detention centres in order to raise awareness on human rights standards related with torture prevention. The detention monitoring activities are implemented under this sector. For this purpos e , K RC T ha s e s t ab li sh e d a multidisciplinary monitoring team made up of j uri st s , me dic a l doctor s an d h uman ri gh ts specialists. The members of this team initially received training by the Organization for Security an d Coope ra ti o n in Europ e ( OSCE ) wi th participation of the International Committee of the Red Cross (ICRC).

Transparency and independent control of the public administration supports the development of a state respectful of democratic principles as well as the implementation of the rule of law. In this respect, on the 26th June 2007, KRCT was given permission by the Minister of Justice to visit p l a c e s o f d e t e n t i o n i n K o s o v o 1 . T h i s memorandum of understanding entitles KRCT

1. The MoU was renewed in 2008 and 2009

Introduction

9

to monitor correctional and detention centres and to conduct confidential interviews with sentenced persons.

Through requests addresse d to the regional District Courts, KRCT is also entitled to interview detainees on remand. In addition, on the 11th of July 2008, KRCT obtained the permission by the Minister of Internal Affairs to monitor police holding cells2.

Since January 2009, KRCT has been pursuing its moni t orin g a c ti v it i es un de r th e proj ec t “Preventing torture and other forms of Human Rights violations in places of detention in Kosovo”, a project supported by the European Commission Liaison Office in Kosovo and the Civil Rights Defenders (former Swedish Helsinki Committee).

Monitoring places of detention in Kosovo aims at assessing the respect of human rights in places of detention, preventing human rights violations and contributing to an increased transparency of the Kosovo Correctional Service (KCS) and the Kosovo Police (KP), therefore increasing the a ut h ori ti e s ‟ c ompl ianc e wi th in t e rn at i on a l standards.

Despite the good relations established with the authorities, KRCT encountered challenges in the conduct of the monitoring visits at the beginning

2. The MoU was renewed in 2009

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Human Rights Standards in the Correctional Centres,

Detention Centres and Police Holding Cells

of 2009, especiall y to carry out confidential interviews out of hearing of KCS staff members.

These obstacle s mostly occurred because of misinterpretations by the media following a press conference.

This issue was positivel y resolved with the Minister of Justice after clarifying discussions. KRCT would like to sincerely thank the KCS and the KP for their good cooperation.

11

Introduction

Acknowledgements

Kosova Rehabilitation Centre for Torture Victims (KRCT) wishes to express its gratitude to all the individuals, Kosovo institutions, international organizations, and the professional experts that contributed to the monitoring of the detention correctional and police holding in general. In the first place, KRCT wishes to thank and express its deep gratitude to the European Commission Liaison Office in Kosovo and the Civil Rights Defenders (former Swedish Helsinki Committee ) for the confidenc e placed in its expertise and capacities as well as for the support given to such initiatives, crucial to the improvement of the criminal justice system in Kosovo. Special gratitude should be expressed to the moni t ors , c oll a b ora t ors , i nt e rn a ti on a l organizations such as OSCE, etc for their immense c ont rib ut i o n an d de dic a ti o n t o f urth e r improvements in the correctional system.

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13

Introduction

Methodology

The monitoring visits were conducted following terms of reference developed on the basis of both national legislation and international standards. The objectives of such monitoring visits were aiming at ensuring:

• Assessment of the current situation in the correctional centres, detention centres, and police holdings cells vis-à-vis national and international standards;

• Assessmen t of det a inees ‟ treat men t and whether human dignity and human rights were being respected.

• The monitorin g visits followed a well –

planned schedule described below:

• Clear understandin g of conditions in the correctional and detention centres and police

14

holdings cells;

• Review of the implementation of national and international standards;

• Design preliminary recommendations.

• Regarding clear understanding of conditions in correctional centres, detention centres and police holdings cells, the experts carried out meetings and interviews which followed largely the same pattern:

• Meeting with the heads of the institutions or other persons in charge;

• Meetings with persons deprived of their liberty - always on a confidential basis and without the presence of institution personnel;

• Meetings with family members or relatives of detained persons;

• Meeting with institution staff;

• F i na l me et in g wi th th e di rec t o r o f the institution to debrief him on the preliminary findings of the visit.

• With regard to whether and to what degree national and international standards were being respected, the visits aimed to assess:

• Implementation of these standards;

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Methodology

• Compatibility of national standards with international ones;

• I mpl emen t a ti o n o f th e na t i ona l l e gal framework.

• Identifying fall-outs and relevant reasons/ causes.

• Given the attainment of the above objectives, it can be asserted that largely accurate knowledge was acquired on the actual condition in the correctional centres, detention centres and police holdings cells in Kosovo.

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Organization and implementation of visits to c o rr e cti o nal , det entio n c e nt r es an d poli ce holdings cells

To ensure the successful implementation of the project objectives and activities, special attention was paid to the design and actual carrying out of the monitoring visits. KRCT experts designed a standard format report including international indicators developed by the European Committee for the Prevention of Torture and Inhuman or Deg radin g Trea tmen t or P unishmen t (CP T) through visits and recommendations.

Prior to each visit, every team member shared the sam e b a c kg roun d i nf orma t i on o n th e correctional, detention centres and police holdings cells to be visited. Each expert was assigned a special area to focus on. In most of the cases the group composition was balanced by having male and female experts.

I nf ormat i o n wa s g at h e re d b y me an s of confidential interviews with inmates, visits of the pre mi se s an d di sc uss i on s wit h th e hi gh ma na g e me n t an d th e s t af f , an d t he re af t e r evaluated according to the standards set out in th e t e rm s o f ref e renc e . Al s o , f a c e t o f a ce conversations were held with detainees and their relatives. During the implementation period of the project

17

Methodology

(15th January 2009-15th July2010), two hundred and three confidential interviews were carried out by KRCT monitoring team in all correctional and detention centres. Within police holding cells, sixty interviews were carried out. In total two hundred sixty-three interviews were carried out by KRCT.

Visits

Each visit started by meeting the head of the correctional or detention centres and of police holdings cells. These meetings served for the group of experts to introduce themselves, the mission‟s goals and objectives, and to receive information from the heads of institutions as to the objective of the visit.

Th e s e c on d ph a s e o f the vi si t f oc us e d on consulting the official registers of the persons deprived of liberty. This stage aimed at a more precise understanding of the problems related to nutrition, hygiene, medical services, education and instances of use of force by institution staff, disciplinary measures, etc.

The third stage of each visit was to monitor the regime and the premises of the correctional or detention centres and police holdings cells. Each visit included: pre-trial detention rooms, isolation

18



cells, reception rooms for the newly arrived pre- detainees, sanitary facilities, showers and toilets, kitchen, outdoor exercise facilities, the library, first aid or medical treatment, conjugal room and religious worship facilities. Visits were also conducted at staff facilities in the correctional or detention centres and police holdings cells.

The fourth stage of the monitoring visit was dedicated to meeting with and interviewing de t ai ne e s . I t wa s a pa rt ic ul a rl y i mportan t moment of the visit. KRCT experts were provided with adequate premises to hold the meetings out of hearings of the staff. It should be pointed out t h at th e a ut h ori ti e s e n s ure d opt i mu m confidentiality and security conditions, and no staff members were present.

The fifth stage of the visit consisted of meeting and interviewin g institutio n staff including security staff and personnel responsible for various services such as: educators, social assistants, doctors, cooks, etc.

Stage six of the visit was meeting the director of institution. Almost in all cases such a meeting was conducted at the end of each monitoring visit. In general, in these closing meetings, the experts of KRCT made a short presentation of their moni t orin g f in di ng s . Sub s eq uen t t o th e monitoring visit, the group of experts prepared the respective report.

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Throughout 2009-mid 2010, KRCT monitoring team visited the detention centres in: • Prishtinë/Priština,

• Gjilan/Gnjilane,

• Lipjan/Lipljan,

• Prizren,

• Pejë/Peć and

• Mitrovica/Mitrovicë

As well as the correctional centres in: • Lipjan/Lipljan

• and Dubrava3.

Overall, KCS staff was cooperative and flexible, allowin g the monitorin g team access to the pre mi se s an d t o in te rv i e w in ma t e s un der satisfying conditions. KRCT team also had an easy access to personal files, which were generally well maintained.

On the KP side, KRCT monitoring team visited the police holding cells in Prishtinë/Priština,

Podujevë/Podujevo, Skenderaj/Srbica, Vushtrri/ Vucitrn, Mitrovicë/Mitrovica South, Mitrovica/ Mitrovicë North, Leposavić/Leposaviq, Kaçanik/

Kačanik, Ferizaj/Uroševac , Gjilan/Gnjilane,

3. Each centre was visited at least twice in 2009, with the exception

of Prizren detention centre which was under renovation until October

and was only visited once and each centre has been visited once in

2010 except the detention centre of Prizren.

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Vi t i/ Vit in a , K a meni cë / Ka meni c a , Sh ti me/

Štimlje4, Gjakovë/Ðakovica , Deçan/De čani,

Klinë/Klina, Istog/Istok, Pejë/Peć, Gllogovc/

Gl og ova c , Ma li sh ev ë/ M al iš e v o , Ra hov ec /

Orahovac, Prizren, Grač anica/Graçanicë5

and Dragash/Dragaš6.

At the time of the visit, the police holding cells in Lipjan/Lipljan, Suharekë/Suva Reka, Strpce/ Shtërpcë and Fushë Kosovë/Kosovo Polje were not accessible due to renovation works. Twenty- nine persons in police custody were interviewed in 2009 and thirty-one in 2010. KP staff was very cooperative and flexible during th e vi s it s an d wa s rea d y t o an sw e r al l the questions. They allowed the monitoring team to access all the premises and files, as well as to conduct confidential interviews with arrested persons under satisfying conditions.

This document attempts to provide a detailed and

4. Not in use when KRCT visited them, because the conditions

were not adequate. Notably, the surveillance camera did not allow a

comprehensive vision inside the cells. The holding cells were also in

a separate building, meaning any person in custody would need to

be transferred to the main building for any interview or meeting.

5. The first time we visited the station, the holding cells had not

been used yet. KRCT second visit was under specific circumstances

(arrest of Vetëvendosje demonstrators) which did not allow the

monitoring team to assess all the points listed in the ToR.

6. Each police station has been visited at least twice.

21

Methodology

accurate picture of the current situation in this system, which, by its very nature, presents so many and such formidable challenges to the enforcement of human rights and liberties.

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23

Current Situation and overall analysis


When it comes to the analysis of the current situation in the detention and correctional centers and in police stations, further issues have to be raised. An overview is here provided, based on the findings of the monitoring exercise, divided in the seven main areas taken into consideration by KRCT staff:

• Treatment of detainees with the view of HR protection;

• Material Conditions;

• Regimes and activities;

• Medical services;

• Prison staff;

• Legal issues and assistance.

Treatment of detainees with the view of HR protection:

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Torture and ill treatments in the police stations and detention and correctional centers KRCT received few allegations of ill-treatments by the police, mainly during arrest or during questioning. No cases of ill-treatments within the police holding cells were reported. However, KRCT is preoccupied by the way the police dealt with the arrest of “Vetëvendosje” members in August 2009 and April 2010. Both times, arrested persons reported insults and beatings during the arrest, during transportation and during questioning. The most recent episode of 12 June 2010 ended up with the arrest of Mr. Albin Kurti and some

25


other activists of “Vetëvendosje” where many were injured and recovered in the hospitals. This episode, parts of which were broadcasted by media, has started after Mr. Albin Kurti‟s press meeting, where the political goals of this movement were presented in relation to the next par- l i amen t a r y el e ct i on s . H uman Ri gh t Wa tch (HRW) has asked for an independent investigation of the police violence7.

According to our findings, allegations of ill- t re a t me nt s/ e xc es si v e us e of f orc e s h ave decreased. Nevertheless, KRCT still received some allegations of ill-treatments committed by the Spe c ia l I n te rv en ti o n Un i ts i n Dub ra v a Correctional Centre in 2009. Most of the times, the abuses are committed beyond working hours from the members of the Unit. KRCT welcomes the fact that the European Union Rule of Law Mission in Kosovo (EULEX) has started to train these intervention units.

I n Li pj an/ Li plj a n Corre c t iona l Cen t re , the situation seems to have improved. KRCT was contacted for a case of physical abuse against a juvenile early 2009 but since then, no new case has been specifically reported. In Lipjan/Lipljan Detention Centre as well, the allegations of ill- treatments/excessive use of force seem to have

7. http://lajmpress.com/lajme/kosove/4922.html last accessed

16 June 2010

http://lajmpress.com/lajme/kosove/4922.html

26



decreased. KRCT also received an allegation of ill-treatments/excessive use of force perpetrated by a guard in Pejë/Peć Detention Centre but the inmate did not report any further abuses when we interviewed him again in April 2010.

CONCERNS: To o oft en , i nma t es pl a ce d i n s oli ta r y confinement are not regularly visited by a doctor as requested by law and the maximum length of confinement is not always respected.

Most of the detention centers are hosting prisoners convicted for more than three months, which is contrary to the law. The situation is pa rt ic ul a rl y preocc upy in g in M it rovi ca / Mitrovicë North were more than half of the inmates were convicted at the end of 2009. Due to the political situation the Serbian inmates re f us e s t o b e t ransf e rre d t o Dub rav a Correctional Centre.

The length of detention on remand remains preoccupying. Indeed, there is a high number of detainees who has been on remand for a long period, sometimes in violation of the national legislation.

Prisons and general conditions Regarding the prison system in general, KRCT wa s ab l e t o n ot e a c e rt ai n n umb e r o f

27


improvements since 2008, mainly on the basis of its recommendations. Among the most noticeable improvements, we can mention the foreseen establishment of a health institution for the delivery of expertise and treatment of mentally ill criminal offenders - the Forensic Psychiatry Institute - with the support of the EU funded Instrument for Pre- Accession Assistance (IPA 2010) managed by the EC Liaison Office to Kosovo. This is expected to have a major impact on the treatment of this vulnerable category of inmates, and to the initiative of using the Pavilion 7 in Dubrava Correctional Centre to accommodate inmates with special needs (needs emphasized in the 2008 report).

However, registering a high number of prisoners serving sentences exceeding three months, (many of them serving very long sentences8) in most of the de t en ti o n c en t re s , thi s c onc e rn re ma in s problematic in guaranteeing the quality of life for all categories of inmates9.

8. At the time of our last visit, Gjilan/Gnjilane Detention Centre

housed 16 convicted persons, 2 of them serving sentences of 10 and

11 years respectively. There was only one convicted person

in Prishtinë/Priština Detention Centre. 9 convicted were held in

Lipjan/ Lipljan Detention Centre and 11 in Pejë/Peć Detention

Centre. Prizren Detention Centre accommodates 14 prisoners, some

of them also serving long-term sentences. There were 16 convicted

persons placed in Mitrovica/Mitrovicë Detention Center. 6 were

sentenced for less than one year, 5 for five to ten years, 4 from ten

to twenty years and one for more than twenty years.

9. Obligations under ECHR, Art 3; ICCPR, Art. 7; UDHR, Art. 5;

LEPS, Art 4(1)

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Regimes and activities The material condition s are generall y good, although some places (notably some pavilions of Dubrava Correctional Centre) still need some renovations and some cells lack proper ventilation and access to natural light. The detention centers in Prizren and in Peja/Peć were renovated and reopened in October 2009 in Prizren and early this year in Peja/Peć.

There are generally no major problems regarding the inmates‟ contact with the outside world, the access to information, right to practice religion, information provided to the inmates regarding their rights and nutrition.

Treatment of the detained persons representing minorities: throughout the project period there was no specific complaint from these categories of inmates and arrested persons; despite the general penitentiary conditions and the lack of capacities, there are no complaints related to their right to information, access to medical examinations.

We are also glad to see that the minority rights in detention centers are still well respected.

Numerous issues are beyond the management scope or limited by structural constraints, such as: the architectural design of the buildings, the lack of resources allocated to each institution or the problems of efficiency of the judiciary system.

29


CONCERNS: The quality and quantit y of hygienic products provided to the inmates, both for personal hygiene and to clean the cell, is low and of a bad quality.

There is a lack of school professors in Lipjan/ Lipljan Correctional Centre. As a result, some of the subjects usually taught in public school are a b s en t f ro m th e c orre ct i on a l c en t re‟ s curricula, making the reintegration of juveniles in the normal circuit even more difficult.

Purposeful activities for prisoners remain limited. In Lipjan/Lipljan Correctional Centre, there has been no vocational training courses held in 2009 because of the lack of available professors but have eventually resumed at the beginning of 2010. Handicraft activities for women have also decreased because of the lack o f a v a il ab l e mat e ria l . Th e c re a ti on o f an economic sector within the Correctional Service would allow the inmates to generate income. Beside the personal engagement obtained by the inmates, the income gained would also a l l ow t o buy th e n ece s s a r y ma t e ri a l an d equipment, therefore ensuring the sustainability of such activity.

Medical services KRCT also ascertains with a high satisfaction

30



recent initiatives like the screening of inmates for HI V an d h e pat i ti s B an d C , w it h a s pec i al attention given to inmates with risky behavior.

Library The book supply augmented thanks to an OSCE donation of over 1,200 books to be distributed to every correctional/detention centre in October 2009. However the Lipjan/Lipljan Correctional Centre especially Juvenile centre would still need more books for the education purposes.

CONCERNS: Medical supply can periodically be an issue. For example, between July 2009 an d M a rc h 2 01 0 , th e me dic al s uppl y of c orre ct i on a l an d de te n ti o n ce nt re s was interrupted. In case of need, inmates had to get drug s t h rough th e i r re l a t iv e s . A lt hough improving, medical services remain weak, especially in the field of psychiatric care (lack o f ps yc hi a t ri s t s i n s om e o f th e f ac il it i es , treatments based on sedatives and anxiolytics).

Cha ll e nge s i n th e he a lt h s y st em i n correctional services

Even though the access to health care is 24 h a day, as required by law, the achievement and the capacity of the relevant services remain low as a consequenc e of lack of medicine s on regular basis, equipment, planned budgeting

31


and professional training of the staff. The lack of stimulating work environment and of adequate employment policies towards the medic al staff within the correc tiona l an d detention centers creates big turn over and instabilities in terms of having long term and well experienced medical staff. Moreover this c onc e rn i s a l s o a dded up t o th e la c k of compensation of risk allowance and of night shift during the national holidays.

The ethical issues and professional principles may be at risk as there are no safeguards since the health system in correctional and detention centers depends on the Ministry of Justice.

Spe c ia li z e d me dic a l t re a t me n t a rran g ed through private and/or public sector remains an important concern of the inmates due to budget cut offs for 2010, which will reduce the quality of health care and the untreated needs in the eyes of the prisoners.

The lack of priority given to the health care in prisons remains a serious issue to be dealt with.

Th e dras t i c de c rea s e o f in v e st men t s in medicament supplies and services as well as specialized treatment in the health detention and correctional services has a considerable impact on the quality and quantity of health care services in the whole correctional system.

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Prison staff The centralization of the Kosovo Correctional Service is also an issue. Indeed, it is impossible for the management staff to plan and to act according to their needs since the main decisions are made at the KCS HQ in Prishtinë/Pristina. Due to the nat ional proc uremen t rules, the management staff cannot choose the supplying companies they are working with and some issues cannot be solved on time and adequately since tenders‟ proceedings take time.

Unequal rights and lack of information

• Corrupt i on an d n e pot i s m are s t il l pre oc c upyin g , e s pe ci al l y i n Dub ra v a Corre c ti on a l Cen t re . A s a c on se q ue nc e , privileges, disciplinary measures and review of complaints are not always applied in a fair and transparent way according to the inmates. According to several allegations, conditional release, use of free weekend and change of regime are also affected by corruption.

• I n Dub ra v a Correc ti ona l Cent re , many i nma t es c ompl a ine d t h at t he y w e r e not properly informed about their rights and duties upon arrival. Contrarily to the other places of detention, the information in writing is not available in the cell.

33


Lack of internal confidential complaint mechanism

• In the biggest correctional centres in Dubrava no boxes are available where the inmates can put the complaints directly to the attention of management, on a confidential basis.

KRCT therefore recommends the provision of such boxes in this correctional facility so that each in ma t e ha s go t f re e a cc e s s t o s uch confidential complaint mechanism.

A general recommendation to the detention

and correctional system remains a better use of alternative punishments and probation, as the Kosovo legislation foresees conditional release as a n a l t e rn at iv e me a s ure/ pun i sh men t fo r convicted people.

Police Holding Cells

Material Conditions Police Holding Cells keep being renovated and the situation keeps improving on the infrastructure level. The conditions in police custody are globally fine and the law generally respected. KRCT monitors have however noticed that the procedures and practices are often not harmonized, notably when it comes to provision of food and hygienic products, authorization for the arrested person to spend some time outdoor and files keeping.

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Treatment of detainees with the view of HR protection

• As mentioned above, ill-treatments still occur during arrests or questioning, notably during g roup a rre s t s (c .f . arre s t o f Ve t ëv en dosj e members).

Material conditions

• The procedure to replace basic equipments like a lamp or a camera, is often very long, notably due to the high level of centralisation.

Regimes and activities

• W h e re a s a rre s te d pe rs on s are us ua l l y provided with three meals a day, this possibility still does not exist in Gllogoc/Glogova c and Podujevë/Podujevo police stations, where no contrac t with a nearby restauran t had been signed. The sa me problem occ urs in Police Holding Cells in Skenderaj/Srbica for people held in custody during the weekend.

• The arrested persons‟ files and the logbooks are no t h a rmoni z ed , wh i ch ma k e s th e information more difficult to retrieve. Sometimes, the forms are not completed properly and the i nf orma t i o n n ee d s t o b e foun d i n an oth er document or even at the court.

Prison staff

• There is still a lack of female police officers in some police stations, which does not guarantee the presence of a woman in the police holding

35


cells in case a woman is arrested, as requested by law 10.

10. Article 204 para 3 and article 243 para 3 of the Provisional

criminal procedure code of Kosovo.

36



Ca en ars

of

m

on

it

or

in

g

vis

37

Calendars of monitoring visits

2009 Monitoring Visits

Facility visited

D a t e ( s )

Team members

Interview

Interviewers

Comment

CC Dubrava

7-8 Jul- 09

Laura Jaffrey

Ardita Dika

Feride Rushiti

Xhevdet Halili

Osman Veliu

Fatmire Haliti

Reshat Bajrami

Lucas Grandjean

Feride Rushiti

Laura Jaffrey

Xhevdet Halili

Ardita Dika

Reshat Bajrami

Osman Veliu

CC Dubrava 23-Jul-09 Reshat Bajrami

Xhevdet Halili 1 Reshat Bajrami

Xhevdet Halili Specific case

to follow up

CC Dubrava 1-Sep-09 Feride Rushiti

Lucas Grandjean

Xhevdet Halili

2 Feride Rushiti

Lucas Grandjean

Xhevdet Halili

Hu

man

Rig

hts

Sta

nd

ard

s in

th

e Co

rrectio

nal C

en

tres,

Dete

ntio

n

Cen

tres

and P

olic

e H

old

ing

C

ells

38

Facility visited

D a t e ( s )

Team members

Interview

Interviewers

Comment

CC Dubrava

14-15-16

Oct 09

Feride Rushiti

Laura Jaffrey

Lucas Grandjean

Ardita Dika

Osman Veliu

Reshat Bajrami

Xhevdet Halili

Selami Krasniqi

26

Feride Rushiti

Laura Jaffrey

Lucas Grandjean

Xhevdet Halili

CC Dubrava 23-Dec-09 Feride Rushiti

Laura Jaffrey

Osman Veliu

Feride Rushiti

Laura Jaffrey

Osman Veliu

CC Lipjan/

Lipljan 20-Feb-09 Laura Jaffrey

Osman Veliu 1 convicted Osman Veliu Specific case

to follow up

Ca

lend

ars o

f mo

nito

ring

visits

39

Facility visited

D a t e ( s )

Team members

Interview

Interviewers

Comment

CC Lipjan/

Lipljan

16-17-

June 09

Laura Jaffrey

Osman Veliu

Xhevdet Halili

Lucas Grandjean

Selami Krasniqi

Ardita Metaj

11 juveniles

8 women

Osman Veliu

Xhevdet Halili

CC Lipjan/

Lipljan

11-12-

Nov 09

Feride Rushiti

Laura Jaffrey

Lucas Grandjean

Xhevdet Halili

Reshat Bajrami

Selami Krasniqi

Fatime Gerxhaliu

10 juveniles

12 women

Feride Rushiti

Laura Jaffrey

Xhevdet Halili

DC Prishtinë/

Priština

26-Mar-09

Laura Jaffrey

Feride Rushiti

Ardita Metaj

Reshat Bajrami

N/A

N/A

No confidential

interviews

possible

Hu

man

Rig

hts

Sta

nd

ard

s in

th

e Co

rrectio

nal C

entre

s,

Dete

ntio

n

Cen

tres

and P

olic

e H

old

ing

C

ells

40

Facility visited

D a t e ( s )

Team members

Interview

Interviewers

Comment

DC Prishtinë/

Priština

5-Jun-09

Laura Jaffrey

Ardita Metaj

Osman Veliu

8

Laura Jaffrey

Osman

VeliuArdita

DC Prishtinë/

Priština

2-Oct-09

Laura Jaffrey

Lucas Grandjean

Reshat Bajrami

Osman Veliu

Xhevdet Halili

12 Osman Veliu

Reshat Bajrami

Xhevdet Halili

DC Gjilan/

Gnjilane

2-Jun-09

Laura Jaffrey

Feride Rushiti

Xhevdet Halili

Reshat Bajrami

Lucas Grandjean

Tilde Berggren (SHC)

8

Reshat Bajrami

Xhevdet Halili

Ca

lend

ars o

f mo

nito

ring

visits

41

Facility visited

D a t e ( s )

Team members

Interview

Interviewers

Comment

DC Gjilan/

Gnjilane

2-Dec-09

Laura Jaffrey

Osman Veliu

Xhevdet Halili

Lucas Grandjean

Selami Krasniqi

Fatime Gerxhaliu

10

12

Laura Jaffrey

Xhevdet Halili

DC Lipjan/

Lipljan

20-Mar-09 Laura Jaffrey

Feride Rushiti

Xhevdet Halili

Osman Veliu

N/A N/A No

confidential

interviews

possible

DC Lipjan/

Lipljan

10-Jun-09

Laura Jaffrey

Osman Veliu

Xhevdet Halili

8

Xhevdet Halili

Osman Veliu

Hu

man

Rig

hts

Sta

nd

ard

s in

th

e Co

rrectio

nal C

entre

s,

Dete

ntio

n

Cen

tres

and P

olic

e H

old

ing

C

ells

42

Facility visited

D a t e ( s )

Team members

Interview

Interviewers

Comment

DC Lipjan/Lipljan

8-Oct-09

Laura Jaffrey

Lucas Grandjean

Xhevdet Halili

Reshat Bajrami

12 Reshat Bajrami

Xhevdet Halili

DC Prizren

21-Oct-09

Laura Jaffrey

Lucas Grandjean

Osman Veliu

Reshat Bajrami

Osman Veliu

Laura Jaffrey

Reshat Bajrami

In renovation

until mid

October

DC Mitrovica/

Mitrovicë

24-25

Aug 09

Laura Jaffrey

Lucas Grandjean

7(4detainees,

3 convicted)

Laura Jaffrey

Lucas Grandjean

DC Mitrovica/

Mitrovicë 16-Dec-09 Laura Jaffrey

Lucas Grandjean 6 Laura Jaffrey

Ca

lend

ars o

f mo

nito

ring

visits

43

Facility visited

D a t e ( s )

Team members

Interview

Interviewers

Comment

DC Pejë/Peć

12-Mar-09

Laura Jaffrey

Feride Rushiti

Xhevdet Halili

Reshat Bajrami

5 pre-trial

detainees

2 convicted

Feride Rushiti

Xhevdet Halili

DC Pejë/Peć

19-Nov-09

Laura Jaffrey

Lucas Grandjean

Osman Veliu

Selami Krasniqi

Fatime Gerxhaliu

Laura Jaffrey

Osman Veliu

PHCPrishtinë/

Priština 24-Apr-09 Xhevdet Halili

Reshat Bajrami 0 Laura Jaffrey

Lucas Grandjean Cells in

renovation

PHCPrishtinë/

Priština 22-May-09 Laura Jaffrey

Ardita Metaj

Xhevdet Halili

3 Ardita Metaj Visit done after

the

renovationof

the holding

cells

Hu

man

Rig

hts

Sta

nd

ard

s in

th

e Co

rrectio

nal C

entre

s,

Dete

ntio

n

Cen

tres

and P

olic

e H

old

ing

C

ells

44

Facility visited

D a t e ( s )

Team members

Interview

Interviewers

Comment

PHCPrishtinë/

Priština 29-Jul-09

Feride Rushiti

Reshat Bajrami 5 Feride Rushiti

Reshat Bajrami

PHCPrishtinë/

Priština 26-Aug-09 Feride Rushiti

Reshat Bajrami 5 Feride Rushiti

Reshat Bajrami Special visit

following the

arrest of

Vetevendosje

activists

PHCFushë Kosovë/

Kosovo Polje 16-Jul-09 Xhevdet Halili 0 Currently in

renovation

PHCPodujevë/

Podujevo

14-Jul-09

Xhevdet Halili

Reshat Bajrami

0

PHCSkenderaj/

Srbica

5-Mar-09

Laura Jaffrey

Ardita Metaj

Osman Veliu

0

N/A

Ca

lend

ars o

f mo

nito

ring

visits

45

Facility visited

D a t e ( s )

Team members

Interview

Interviewers

Comment

‘PHCVushtrri/

Vucitrn 5-Mar-09 Laura Jaffrey

Ardita Metaj

Osman Veliu

0 N/A

PHCVushtrri/

Vucitrn 29-Oct-09 Laura Jaffrey

Lucas Grandjean

Selami Krasniqi

3 Laura Jaffrey

PHCMitrovicë/

Mitrovica South

5-Mar-09

Laura Jaffrey

Ardita Metaj

Osman Veliu

0 N/A

PHC Mitrovicë/

Mitrovica South

29-Oct-09

Laura Jaffrey

Lucas Grandjean

Selami Krasniqi

0 PHC not in

use anymore

PHCMitrovica/

Mitrovicë North

23-Jun-09 Laura Jaffrey

Ardita Metaj

Lucas Grandjean

0

N/A

Hu

man

Rig

hts

Sta

nd

ard

s in

th

e Co

rrectio

nal C

entre

s,

Dete

ntio

n

Cen

tres

and P

olic

e H

old

ing

C

ells

46

Facility visited

D a t e ( s )

Team members

Interview

Interviewers

Comment

PHCMitrovica/

Mitrovicë North 26-Nov-09 Laura Jaffrey

Lucas Grandjean 0

PHCLeposavić

/ Leposaviq

26-Nov-09

Laura Jaffrey

Lucas Grandjean

0

PHCKaçanik/

Kač anik

27-Feb-09 Laura Jaffrey

Reshat Bajrami

Xhevdet Halili

0 N/A

PHCKaçanik/

Kačanik

13-Aug-09

Lucas Grandjean

Osman Veliu

0

N/A

PHCFerizaj/

Uroševac

27-Feb-09 Laura Jaffrey

Reshat Bajrami

Xhevdet Halili

0 N/A

Ca

lend

ars o

f mo

nito

ring

visits

47

Facility visited

D a t e ( s )

Team members

Interview

Interviewers

Comment

PHCGjilan/

Gnjilane 22-Mar-09 Xhevdet Halili

Ardita Metaj

Reshat Bajrami

0

PHCGjilan/

Gnjilane 12-Oct-09 Feride Rushiti

Reshat Bajrami 0 N/A

PHCViti/Vitina 22-Mar-09 Xhevdet Halili

Ardita Metaj

Reshat Bajrami

0

PHCKamenicë/

Kamenica 27-May-09 Laura Jaffrey

Xhevdet Halili 0

PHCShtime/

Š ti ml j e 27-May-09 Laura Jaffrey

Xhevdet Halili 0 Cells not in

use

PHCGjakovë/

Ðakovica 9-Jun-09 Laura Jaffrey

Ardita Metaj

Osman Veliu

0

Hu

man

Rig

hts

Sta

nd

ard

s in

th

e Co

rrectio

nal C

entre

s,

Dete

ntio

n

Cen

tres

and P

olic

e H

old

ing

C

ells

48

Facility visited

D a t e ( s )

Team members

Interview

Interviewers

Comment

PHCDeçan/

Dečani 9-Jun-09 Laura Jaffrey

Ardita Metaj

Osman Veliu

0

PHCKlinë/Klina 9-Jun-09 Laura Jaffrey

Ardita Metaj

Osman Veliu

0

PHCKlinë/Klina

9-Dec-09 Xhevdet Halili

Oman Veliu 0

PHCIstog/Istok 6-May-09 Laura Jaffrey

Osman Veliu

Reshat Bajrami

0

PHCPejë/Peć

6-May-09

Laura Jaffrey

Osman Veliu

Reshat Bajrami

2

Laura Jaffrey

Reshat Bajrami

Ca

lend

ars o

f mo

nito

ring

visits

49

Facility visited

D a t e ( s )

Team members

Interview

Interviewers

Comment

PHCPejë/Peć 9-Dec-09 Xhevdet Halili

Oman Veliu 0

PVC Gllogoc/

Glogovac 6-May-09 Laura Jaffrey

Osman Veliu

Reshat Bajrami

3 Reshat Bajrami

Osman Veliu

PHCMalishevë/

Mališevo

15-Mar-09

Laura Jaffrey

Xhevdet Halili

Osman Veliu

0

PHCRahovec/

Orahovac 15-Mar-09 Laura Jaffrey

Xhevdet Halili

Osman Veliu

0

PHCSuharekë/

Suva Reka

15-Mar-09

Laura Jaffrey

Xhevdet Halili

Osman Veliu

2

Laura Jaffrey

Reshat Bajrami

Currently in

renovation

Hu

man

Rig

hts

Sta

nd

ard

s in

th

e Co

rrectio

nal C

entre

s,

Dete

ntio

n

Cen

tres

and P

olic

e H

old

ing

C

ells

50

Facility visited

D a t e ( s )

Team members

Interview

Interviewers

Comment

PHCPrizren 31-Jul-09 Laura Jaffrey

Lucas Grandjean

Osman Veliu

2 Osman Veliu

PHCPrizren

21-Oct-09 Osman Veliu

Lucas Grandjean

0

PHC Dragash/

Dragaš

31-Jul-09

Laura Jaffrey

Lucas Grandjean

Osman Veliu

0

PHCLipjan/

Lipljan 29-Apr-09 Laura Jaffrey

Xhevdet Halili

Ardita Metaj

0

Currently in

renovation

PHCGrač anica/

Graçanicë

29-Apr-09

Laura Jaffrey

Xhevdet Halili

Ardita Metaj

2

Laura Jaffrey

Reshat Bajrami

Cells not

in use

Ca

lend

ars o

f mo

nito

ring

visits

51

Facility visited

D a t e ( s )

Team members

Interview

Interviewers

Comment

PHCGrač anica/

Graçanicë

26-Aug-09 Reshat Bajrami 6 Reshat Bajrami Special visit

following the

arrest of

Vetevendosje

activists

2010 Monitoring Visits

Facility visited

D a t e ( s )

Team members

Interview

Interviewers

Comment

CC Dubrava 21-22

Apr-10

Feride Rushiti

Fatmire Haliti

Reshat Bajrami

Osman Veliu

Fatime Gerxhaliu

Peter Mossop

(CRD-on 21 Apr)

13 Osman Veliu

Feride Rushiti

Hu

man

Rig

hts

Sta

nd

ard

s in

th

e Co

rrectio

nal C

entre

s,

Dete

ntio

n

Cen

tres

and P

olic

e H

old

ing

C

ells

52

Facility visited

D a t e ( s )

Team members

Interview

Interviewers

Comment

CC Lipjan/

Lipljan 30-31

Mar-10 Laura Jaffrey

Reshat Bajrami

Xhevdet Halili

Osman Veliu

9 women

10 juveniles Laura Jaffrey

Osman Veliu

Xhevdet Halili

CC Lipjan/

Lipljan

18-May-10

Laura Jaffrey

Fatmire Haliti

Osman Veliu

Reshat Bajrami

Fatime Gerxhaliu

Mo n i t o r in g m i s s i o n

form CRD

Peter Mossop (CRD)

Anders Ohrstrom

Mats Sundgren

Ad hoc visit

with CRD

and SIDA

Rep

Ca

lend

ars o

f mo

nito

ring

visits

53

Facility visited

D a t e ( s )

Team members

Interview

Interviewers

Comment

DC Prishtinë/

Priština 8-Apr-10 Laura Jaffrey Feride

Rushiti Reshat

Bajrami Osman

Veliu Thymiane

Rizzardo

8

DC Gjilan/

Gnjilane

1-Jun-10

Osman Veliu

Fatmire Haliti

Sandrine Conus

Yarolsav Shirjaev

Selami Krasniqi

7 Fatmire Haliti

DC Lipjan/

Lipljan

18-Mar-10

Laura Jaffrey

Xhevdet Halili

Osman Veliu

Selami Krasniqi

7

Xhevdet Halili

Osman Veliu

Hu

man

Rig

hts

Sta

nd

ard

s in

th

e Co

rrectio

nal C

entre

s,

Dete

ntio

n

Cen

tres

and P

olic

e H

old

ing

C

ells

54

Facility visited

D a t e ( s )

Team members

Interview

Interviewers

Comment

DC Mitrovica/

Mitrovi 25-May-10 Laura Jaffrey

Sandrine Conus

Yaroslav Shirjaev

6 Laura Jaffrey

DC Pejë/Peć

28-Apr-10

Laura Jaffrey

Fatmire Haliti

Osman Veliu

Sandrine Conus

Selami Krasniqi

6 Fatmire Haliti

PHCPrishtinë/

Priština

25-Mar-10

Laura Jaffrey

Xhevdet Halili

Reshat Bajrami

6 Xhevdet Halili

Reshat Bajrami

PHCPrishtinë/

Priština

27-Mar-10

Laura Jaffrey

Reshat Bajrami

1

Reshat Bajrami 2 arrested

members of

Vetevendosje

refused to

t ak e th e

interview

Ca

lend

ars o

f mo

nito

ring

visits

55

Facility visited

D a t e ( s )

Team members

Interview

Interviewers

Comment

PHCFushë

Kosovë/Kosovo

Polje

25-Mar-10 Xhevdet Halili

Reshat Bajrami 0 No holding

cells

PHCPodujevë/

Podujevo

25-Mar-10

Xhevdet Halili

Reshat Bajrami 0

PHCSkenderaj/

Srbica

11-Mar-10

Reshat Bajrami

Xhevdet Halili

1

Reshat Bajrami

PHCVushtrri/

Vucitrn

25-Mar-10

Xhevdet Halili

Reshat Bajrami

1

Reshat Bajrami

PHCMitrovicë/

Mitrovica South

27-Mar-10

Laura Jaffrey

Reshat Bajrami

1

Reshat Bajrami

In renovation

Hu

man

Rig

hts

Sta

nd

ard

s in

th

e Co

rrectio

nal C

entre

s,

Dete

ntio

n

Cen

tres

and P

olic

e H

old

ing

C

ells

56

Facility visited

D a t e ( s )

Team members

Interview

Interviewers

Comment

PHCMitrovica/

Mitrovicë North 20-May-10 Laura Jaffrey

Sandrine Conus 0

PHCLeposavić

/ Leposaviq

20-May-10 Laura Jaffrey

Sandrine Conus

0

PHCKaçanik/

Kač anik

22-Mar-10

Osman Veliu

Xhevdet Haliti

0

In renovation

PHCFerizaj/

Uroševac

22-Mar-10

Osman Veliu

Xhevdet Haliti

1

Reshat Bajrami Renovated but

still not in use

(water issue

to solve)

PHCGjilan/

Gnjilane

6-Apr-10

Reshat Bajrami

Xhevdet Halili

0

Ca

lend

ars o

f mo

nito

ring

visits

57

Facility visited

D a t e ( s )

Team members

Interview

Interviewers

Comment

PHC Viti/Vitina 6-Apr-10 Reshat Bajrami

Xhevdet Halili 0

PHCKamenicë/

Kamenica 6-Apr-10 Reshat Bajrami

Xhevdet Halili 0

PHCShtime/

Š ti ml j e

6-Apr-10

Reshat Bajrami

Xhevdet Halili

0

Done - find

date

PHCGjakovë/

Ðakovica

6-May-10 Reshat Bajrami

Osman Veliu 1

PHCDeçan/

Dečani 6-May-10 Reshat Bajrami

Osman Veliu

PHCKlinë/Klina


Osman Veliu

Hu

man

Rig

hts

Sta

nd

ard

s in

th

e Co

rrectio

nal C

entre

s,

Dete

ntio

n

Cen

tres

and P

olic

e H

old

ing

C

ells

58

Facility visited

D a t e ( s )

Team members

Interview

Interviewers

Comment

PHCIstog/Istok 6-May-10 Reshat Bajrami

Osman Veliu

PHC Pejë/Peć


Osman Veliu 1

PHCGllogoc/

Glogovac

11-Mar-10

Reshat Bajrami

Xhevdet Halili

PHCMalishevë/

Mališevo

28-May-10 Fatmire Haliti

Osman Veliu

PHCRahovec/

Orahovac 28-May-10 Fatmire Haliti

Osman Veliu 2

PHCSuharekë/

Suva Reka

28-May-10

Fatmire Haliti

Osman Veliu

0

Ca

lend

ars o

f mo

nito

ring

visits

59

Facility visited

D a t e ( s )

Team members

Interview

Interviewers

Comment

PHCPrizren 7-Jun-10 Sandrine Conus

Fatmire Haliti

Laura Jaffrey

1

PHCDragash/

Dragaš

7-Jun-10 Sandrine Conus

Fatmire Haliti

Laura Jaffrey

0

PHCLipjan/

Lipljan

27-Mar-10

Laura Jaffrey

Reshat Bajrami

3

Reshat Bajrami

PHCGrač nica/

Graçanicë 7-May-10 Reshat Bajrami

Sandrine Conus 0 Not in use

except

special cases

60


61

Introduction

Monitoring the System Findings from the Correctional and

Detention Centres

Dubrava Correctional Centre Th i s c orre ct i on a l c en t r e is s t rug gl in g with poo r i nf ras t ruc t ure s an d o v e r c r o w d i n g . Con si de rin g th e number and criminal typology of the inmates in this institution, an internal categorisation of vulnerable inmates remains an urgent issue yet to be solved by prison authorities and central government. Despite the reopening of pavilions 1 and 8 after their renovation , there is still a problem of overcrowding in Dubrava Correctional Centre because the pavilion 7 and two wings 5 are still

62

in renovation. Once renovated, Pavilion 7 will welcome special categories of prisoners, including elderly. Yet bedding furniture and sanitation (showers) are still lacking in pavilions 3 and 4. The installation of internal security systems would also help reducing any forms of allegations of ill- treatments/excessive use of force by members of KCS staff. In the internal regime, issues such as the quality, variety and quantity of food served remain c ont e st e d b y ma n y i n ma t es , de s pi t e the improvement s in the hygieni c condition s of cooked food. Despite specificities of the level of security in this institution and overcrowding, medical service is guaranteed 24/7. More efforts should be placed in supplying the institution with the necessary drugs and medicaments considering the special needs of some inmates such as persons requiring constant insulin-injections. During nine months there were missing drugs in Dubrava Correctional Centre and the relatives needed to provide them with drugs. We also observed dental products with expired date. Many concerns were raised regarding psychiatric cares, in particular, insufficient and delayed t re a t me n t w e r e re g ul a rl y re port e d . Th e organization of dentistry also appeared to be prob l ema ti c an d no t re g ul a rl y av a il ab l e t o inmates. The referral system for inmates to e xt e rna l me dic a l ce nt re s wa s sl o w due to deficiencies of transportation means, implying

63

Monitoring the System

even longer delays until an inmate could receive the appropriate treatment. During recent visits, K RC T mon it or s rai s ed th e i s s u e o f l a c k o f signatures and facsimile of the medical doctors in the protocols of the medical examinations. Out-door-activities are offered at a satisfying level. Football, basketball, volleyball and other sportive grounds are available outside the pavilions, even though the football pitch was out of order during our last visit and needed to be fixed. Recently the library has been supplied with more books to which inmates have access.

The payment of salaries remains another issue of importance; common works are performed in the kitchen, in the lavatory, cleansing, and gardenin g but the inmates who work often complain that they do not get their salaries on t i m e . C on si de rin g th e i s s ue s o f pri s on management, isolated cases of excessive length of isolation were reported in this Correctional Centre, lacking the basic medical treatment and raising the issue of discrimination in the treatment of the detainees.

Finally, the conditional release remains an issue of concern. According to the law11, convicted persons are e l i gi bl e fo r condi ti on a l re l e as e an d th e

11. Articles 128 and 129 LEPS and its references.

64



competen t a uth ori ty i n this rega rd is the conditional release panel which is composed of one judge and two lay judges. Yet many prisoners in Dubrava Correctional Centre claimed that they could not benefit from conditiona l release and received from the conditional release panel non-argued answers s uc h a s “n o rec on ci li a ti o n wi th v i ct i m‟ s families”. The prisoners are thus even more unsatisfied since, in case of refusal, the revision of this decision of conditional release would only take place after one or two years. This issue was also raised during the KRCT seminar of 9 June 2010, where representatives of the management staff of correctional and detention facilities also mentioned that they were not satisfied by the conditional release panel‟s decisions. According to them, if this system would work properly, the problem of the overcrowding in correctional and detention centres would be reduced.

Lipjan/Liplja n Detentio n and Correctional Centre Th e n umb e r o f i ll - tre atments/e xce ssiv e use of force reported in L i p j a n / L i p l j a n Detention Centre has a l s o droppe d of f , similarly to the rate of

65


s ui ci d e a t t empt s , ye t i mprov e men t s i n the material conditions remain a priority. Inmates generally reported the relations with the staff as good, although some inmates (4) complained that some of the guards were being impolite with them ( i .e . n ev e r g re et e d t h em) . Li pj an /Li pl ja n Correctiona l Centre offers acceptabl e living conditions compared to Dubrava. Since new investments have been made in the pavilions A and B, hygiene and sanitation have improved. The premises for women, on the contrary, were very well kept and prettil y arranged. The use of alternative punishments and a more reliable management of these alternative punishments is a good basis for reducing the overcrowding. This juvenile institution is currently operating out of capacity, lacking the services and capacities of cells for admittances also creating difficulties in prison management and fulfilments of standards. There is a lack of educational staff creating a gap in the correctional centre‟s curricula, lack of vocational training and difficulties in reintegration of juveniles. De s pit e on e ca s e ( e a rl y 2009) o f violence agains t a juvenile, there were n o new c a s es reported, decreasing the allegations of ill- t r e a t m e n t s / e xc e s si v e us e o f

66



force. The medical staff is using protocols to document ill-treatments, yet there is a need for standardization of such protocols according to international requirements12. Staff replacement an d t ran sf e r s rema in a n ot he r ch al l en ge in maintaining the quality of medical services. Improving the quality of drinking water, hygiene and sanitation still remains a priority for this correctional centre, as during our visit we found products with expired date. In this correctional centre, there is space for outdoor activities such as football and basketball, gymnastic room and a smaller fitness room for juveniles. A fitness room is also available for women. The juveniles housed in pavilion D (admissions and difficult cases) have their own basketball pitch. They have access to media. The library was improved and became a recreational place. Even though Article 118 (2) of the Juve- nile Justice Code of Kosovo forbids soli- tary c on fi ne men t for juvenile, this is-

12. E.g. through a training on the Manual on Effective Investigation

and Documentation of Torture and Other Cruel, Inhuman

or Degrading Treatment or Punishment, or “Istanbul Protocol”,

which provides a set of guidelines for the documentation of cases of

torture and other forms of ill-treatments

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sue was strongly mentioned during recent interviews to juvenile offenders. One juvenile claimed he had been put in isolation during twenty-five days. Juvenile offenders have declared that they get no regular visits from the psychologist or social worker, except the cases where they have asked for such meetings. Raids are carried out by officers during the day. One raid has been reported to happen at six in the morning. Both women and minors have to leave the rooms during the raid, which is conducted without their presence. There is a lack of opportunity for the prisoners to w ork . I t i s re port e d t h at ri gh t t o w or k is c ons i de re d a s a priv il e g e fo r a c a t e gor y of prisoners. They usually work in the kitchen, in the bakery, in the garden, in the laundry or they clean the premises. Special rooms are available for conjugal visits, yet there is a lack of information about the use of these rooms to the detainees.

Prishtinë/Priština Detention Centre In terms of respect of human rights and of quality of life, this facility has to improve the standard performance of prisons‟ staff, in order to reduce the degrading treatments, threats and verbal abuses committed by some of the guards. In terms of material conditions, the infrastructure requires improvements in ventilation, access to natural light, bedding and cell conditions, raising

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th e is s u e o f re b ui ldin g/ ren ov at i o n o f th is detention centre. In general, inmates complaint about the quantity and the quality of hygienic products provided for free and about the poor choice at the canteen. The primary health care is provided by the detention centre, whenever secondary medical s e rv ic e s an d den t al c a re s are ne e ded , th is detention centre is supported by the Prishtinë/ P riš t in a h os pit al. P sy c hi at ri c s e rvi ce s and professional assistance to inmates should be provided on a regular and systematic basis as soon as pos sible , in orde r to provide pe rmanent assistanc e to inmates sufferin g from mental i l lne s s es an d f urth e r de v el o p th e psychotherapeutic and occupational therapy programs. Additionally, a dentist should be hired and a solution to accommodate the social worker and the chief of security in different offices has to be found since confidentiality is currently not ensured to inmates while having discussion with the social worker. There are two courtyards of limited space for outside activities. Improvements should be foreseen as an identified urgent need to enrich activities for the inmates. There is a small library with books mostly in Albanian, Serbian and English, increased with OSCE‟s donation.

Gjilan/Gnjilane Detention Centre Buil din g a new det ention centre in Gjilan/ Gnjilane is considered as the most appropriate

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and immediate intervention to be undertaken in order to improve the quality of life of each prisoner an d i mprov e i nt e rn a l De t en ti o n Ce nt r e management. The issues that have been raised throughout the proj ec t pe ri o d are th e ve r y poo r ma t e ria l c ondi ti on s , ba d v ent i la t i o n an d l ac k of recreational spaces, alon g with the existing overcrowding problem. At the time of KRCT‟s last visit, six inmates were accommodated together in cells instead of four, due to the fact that the premises were being renovated. The staff of the detention centre is regularly provided with professional specific trainings. Regarding material conditions of living, there is a lack of proper chairs in the cells and also of tables in some cells. The chairs currently used by the inmates are plastic barrels.

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There is a lack of psychiatrist which leads, in particular, to inappropriate medical treatments provided to drug-addicted inmates. Yet, at the time of KRCT‟s last visit, the process of hiring a psychiatrist was ongoing. In addition, there is an urgent need of screening test on HIV-AIDS. It is worth mentioning that the medical staff work on suicide prevention and that they together with the guards monitor the inmates at risk. Based on the poor infrastructure there is no space for recreational activities and outdoor activities. Nevertheless, a pleasant and well-equipped gym room is available for every inmate. There is a library supplied with a good choice of books in Albanian, in Serbian and also in English and in Turkish. No newspapers in Serbian language are available in this detention centre. Finally, it s h oul d b e not e d an d c ommen t e d tha t the complaints‟ system functions properly.

Mitrovica/Mitrovicë Detention Centre Th i s de t en ti o n centre is currently h o u s i n g c o n v i c t e d person s serving s e n t e n c e s exceedin g three mon th s1 3. Th i s

13. During our last visits, the number of convicted inmates

was exceeding the number of detainees on remand

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situation is particularly preoccupying and raises concerns as the rights of convicted persons, e.g., access to activities and to work, visit room for couples and family visits cannot be granted in t h es e f a ci li ti e s de s i gn e d fo r s h ort- te r m imprisonment. The convicted inmates are numerous and create problems in management and access to justice. Some modest improvements (such as painted w al l s) w e r e ma de , yet th e urg en t c onc e rn s remain the lack of additional staff , the bad ventilation, the internal security in the cells and lack of furniture. In terms of medical services, the facility has completed the structure with the employment of a psychiatrist; yet it is still in need for nurses and support staff. At the time of KRCT‟s last visit, the detention centre had eventually been supplied with drugs after months of waiting. Water becomes undrinkabl e in bad weather conditions and inmates are in such cases provided with free bottled water. The space for the outdoor activities is limited. There is a small library which was renovated in which the choice of books is not very large, although it has been enriched by new books donated by OSCE in October 2009. Access to free newspapers is not ensured to every inmate since only convicted inmates do receive n ew s pape r fo r f re e . H ow e ve r , n ew s pa pe r s circulate between the cells. Th e w or k o f main te n anc e of rec ord s is commendable.

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Urgent needs expressed by the management of the centre remain the vocational training courses for the improvement of the quality of life of inmates. In this regard, two projects are pending, namely the improvemen t of a gym and two rooms dedicated to a new library and to computer classes.

Lipjan Detention Centre

In Lipjan Detention Center even though some of

the prisoners complained that doctors do not take

their complaints seriously, there are less medical

complaints than last year. There is enough space

for outside activities. While the biggest problem

which is facing this detention center is long lasting

of detention for detainees of the center, where

about 40% of detainees are more than a year

awaiting trial, also there are some cases with 3

years and a half in detention.

Prizren Detention Centre KRCT welcomes the renovation of the Prizren Detention Centre, which resolved numerous problems highlighted in the 2008 report, notably the lack of natural light and adequate ventilation, the use of cells for two inmates where the toilets were not separated from the rest of the room and the fact that some cells were facing a corridor instead of opening on the outside.

Although the space available is still limited in some of the cells, the accommodation of inmates has

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substantially improved. The total capacity has b e en b rough t down t o n in et y -tw o b e ds , compared to one hundred twenty-two before. The Prizren Detention Centre is a newly renovated prison, which has considerably improved the treatment of the detainees. The kitchen was newly e q uippe d a s re c omme n de d b y K RCT . Th e categorization of inmates (their charge, age and l an g ua g es s pok en ) i s on e o f th e b a si c achievements of the centre administration; what remain s an importan t concern for this new facility is the maintenance of such investment,

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through provisions of furniture. The panes in the visit rooms cannot be opened, wh e re a s th e g en e ra l pra c ti c e i n th e oth e r detention centres‟ facilities is to leave them open unless the inmate was causing a specific security problem. Several inmates complained about this fact, stating that it was difficult to hear well through the panes, and one of them even claimed he had decided to shorten a visit as he was too frustrated not to be able to hear his children.

Pejë/Peć Detention Centre

Ev e n as re n ov a t ed f a ci li t y , th e P ej ë /P eć

Detention Centre further shows the need for maintenance. Direct access to natural light is not systematically ensured and should be improved. Th i s de t en ti on c ent r e f ac e s th e probl e m of categorization of inmates. Sentenced prisoners remain accommodated with pre-trial inmates. Due to space limitations the management of prisoners remains a challenge which is dealt internally by the staff. The management of the detention centre is planning to have an outdoor space near the premises in order to have safe place for evacuation as well as the opportunity to install sport equipments such as basketball. Additionally, a dentist should be hired. The space for the outdoor exercises is small and the choice of activities remains poor even though a ping-pong table has been newly installed in the yard. There is a small library, enriched with one

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hundred and sixteen books from OSCE, with books in different languages. Three newspapers are available in each wing and are circulated within each wing. The logo on the Ombudsperson box was erased, making for the inmates who wished to raise an issue to this institution more difficult to identify, but were properly replaced i n 2010 , i n a c c ordan c e with K RC T recommendations.

Findings from the Police Holding Cells

Police holding Cells of Prishtinë/Priština

Prishtinë/Priština Police Holding Cells were in particular between April and June 2010 a place where allegations of ill-treatments/excessive use of force were made. According to the information obtained by KRCT‟s monitoring team, these ill- treatments/excessive use of force occurred during the attempt of and during the arrest of Vetëvendosje‟s leader Mr. Albin Kurti, and other activists of this movement, i.e. during the arrests themselves, the transportation as well as during the interrogation at the Prishtinë/PrištinaPolice Station. Based on the information provided by the media on the arrest of Mr. Albin Kurti, KRCT paid a monitoring visit to Prishtinë/Priština Detention Centre few days after his arrest and interviewed

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him and five other activists of Vetëvendosje‟s

movement. According to the interview with Mr. Albin Kurti “on the afternoon of 12 June 2010, around 15:00 the police have intervened brutally in the premises of Vetëvendosjë. They threw brutal large amounts of spray; they hit the activists with sticks and rubber in the yard of the premises and after that inside where Mr. Albin Kurti was staying”. From this visit, it was evidenced that five of six detainees were beaten after arrest. However the victims did not formally complain against the perpetrators in this police station nor

14. ECHR, Art 3; ICCPR, Art. 7; UDHR, Art. 5; Law Nr. 03/L-035

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on Police, Art. 13 (3)

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file for any court proceedings14. Human Rights Watch through a press release has requested a thorough investigation on the episode of 12 June 2010 (please see the media monitoring). When screening the material conditions of the Prishtinë/Priština Police Holding Cells, the issue of lack of capacities, of lack of natural light and of ventilation have to be raised. The quality of th e s howe r s an d th e w a te r s uppl y re mai n satisfying. New renovations have improved the current situation of the holding cells, decreasing the number of beds from twenty-four to eleven beds. The food is provided from outside, there is no possibility to go out of the cells.

Police holding Cells of Pejë/Peć

Material conditions in most of the Police Holding Cells were good. Most of the renovated cells have one or two beds, a Turkish toilet and a washbasin. The toilets are never separated from the rest of th e c el l . The b e ddin g i s g e n e ral l y in good condition, the floor covered with linoleum and the heating coming from the floor. The water is controlled from outside. The artificial light and the camera are usually placed behind a grill outside of the cell. The surveillance cameras were not working in the Police Holding Cells of Peja/

Peć and this facility has poor access to natural light, and is even missing some electric lights. The persons detained in the Police Holding Cells were not allowed to get any hygienic products,

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allegedly for security reasons; in police custody they were provided with food from the nearby detention centre. The medical assistance was provided to the persons in custody in case of first aid intervention. In general, necessary medication could only be administered in the presence of a KP officer. In cases of emergency the arrestees are referred to public health emergency services. People in police custody were not allowed to go outside at all, which is not in line with the CPT recommendation15.

Police holding Cells of Gllogoc/Glogovac This institution remains problematic as to the material conditions offered: lack of ventilation, poor access to natural light in several police h oldin g ce ll s . A l th oug h th e pol i ce ha s the responsibility to provide three meals a day for the detained persons, yet there is no meal provided ( no r an y ag re e men t to s ol v e t hi s conc e rn ) , constraining the arrested persons to be provided with food by relatives or to pay themselves. The Police Holding Cells‟ staff allows the persons in custody to walk or smoke outside for a short time.

Police holding Cells of Prizren These police holding cells generally have the i nt e rn a l c a pac i ti e s and staff wi ll in gn es s t o maintain a certain level of hygiene and sanitation

15. CPT Standards, Extract from the12th General Report [CPT/Inf

(2002) 15] paragraph 47

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(arrested person s were provided with basic hygienic products like soap or shampoo). The pipes are old and the persons in custody do not always have the possibility to shower with hot water. A small quantity of medicines, mainly for emergency cases and first aid interventions is available, whereas more specific drugs have to be provided/purchased by relatives. In cases of emergency the arrested persons are referred to public health emergency services. Persons in police custody are not allowed to go out but have the right to smoke a cigarette in the corridors of the police holding cells.

Police holding Cells of Gračanica/Graçanicë At the time of the last visit of KRCT‟s monitoring team, these police holding cells were not officially in use since the premises were not finished and needed already renovation. In particular, due to security reasons, camera had to be properly installed and some windows of the cells had to be fixed. However, in exceptional situation, Graçanicë /

Gra č ani c a P oli c e H ol din g Ce l ls h ous e d Vetëvendosje‟s activists. No allegations of ill- treatments/excessive use of force were reported within the premises yet some activists reported having been verbally abused and one of them a l le g e d t ha t h e was b e at en durin g the transportation between Prishtinë/Priština and

Gra ç ani c ë /Gr ačani c a pol ic e st a ti on s , ev en

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though handcuffed. Police holding Cells of Skenderaj/Srbica

The Police holding Cells of Skenderaj/Srbica are composed of three cells whose ventilation is good and the light as well. There are lavatories in function in the cells themselves. The 24 hours cameras were working properly at the time of KRCT‟s team last visit. The meals are provided by a nearby restaurant. The persons in custody for more than twenty-four hours are allowed to go outside to have a short walk or smoke. The arrested persons are not examined by a medical doctor upon their arrival and drugs have to be provided by themselves. However, the Police holding Cells of Skenderaj/Srbica seem to have good cooperation with the family medical centre.

Police holding Cells of Vushtrri/Vucitrn

P oli c e H ol di n g Ce ll s o f Vush t rri/ Vuc i t rn demonstrate poor conditions in terms of access to natural light and ventilation; basically with access to hygiene, and small quantity provision of medicaments mainly for emergency cases and first aid interventions, whereas more specific drugs have to be provided by the family. Arrested persons who have been in custody for more than twenty-four hours are allowed by the police administration to go outside the cell to have a short walk or smoke a cigarette.

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Introduction

Media Monitoring

INTRODUCTION What the media has published throughout 2009 and 2010 echoes back to KRCT‟s findings and concerns, in particular the issues of conditional release, the lack of provision of drugs and ill- treatments commmited by police during arrest of specific activists.

Human Rights Watch requires investigations on the violence during arrest against Mr. Albin Kurti 16 12/06/2010 The episode of 12 June 2010 has ended up with the arrest of Mr. Albin Kurti and some other activitists of “Vetëvendosje” where many were injured and recovered in the hospitals. This episode, parts of which were broadcasted by

16. http://lajmpress.com/lajme/kosove/4922.html


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media, has started after Mr. Albin Kurti‟s press me e t in g, wh e r e th e pol i ti ca l g oal s of th is movement were presented in relation with the next parliamentary elections. HRW has asked for a n in de pen den t i nv es t i ga t i o n o f th e pol ice violence17.

KO SO V A SO T / 1 1 J un e 2 01 0 / “ Sca ndal : thousands Euros bribe to buy freedom” The Special Prosecution Office of Kosovo in cooperation with the Kosovo Police informed the public opinion about the investigation case on the release of a group of prisoners prior to their sentences. Accord- in g t o offi ci a l sources, the investigations will include all those doubtful release c a s e i nv olv in g prisoners‟ sentences for serious crimes. Accord- ing to an interviewee (prisoner) contacted by the newspaper, the prisoners have paid from 20,000 Euro to 100,000 Euro to benefit from an earlier release or to be included in the scheme of alternative punishments reducing the sentences with 1/2 and 2/3 of court decisions.

17. http://lajmpress.com/lajme/kosove/4922.html


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Media Monitoring

BO TA SO T / 1 8 May 2 0 10 / “ Pr is o n s la ck medicaments” The prisoners in Kosovo despite the prison‟s

inherent conditions and their respective sentences should not be punished with the absence of medical treatments due to lack of medicaments in prisons. The minister of Justice, Mr. Haki Demolli, contacted by the newspaper, expressed his support for solving the issue and ensuring a just and fai r treatment for those vulnerable prisoners requiring medical treatment.

KOHA DITORE / 18 May 2010/ “Prisoners lack medical care” On e o f the ma in con ce rn s b urden in g the correctional centers today remains the lack of specialize d medical doctors and the lack of prov i si on o n such services to the attention of detainees who are in need. The a c ce s s t o m e d i c a l t r e a t m e n t , considered the current situation of the penitentiary system is combined with the level of securing and absence of surveillance. Mr. Milazim Gjocaj expressed his concerns and raised the issue that the prison‟s

health services should not be considered as an isolated issue. He stresse d that the medical

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treatment of the detainees has equally been considered as provided in the public institutions. Meanwhile, Mr. Behxhet Shala, from non- governmental organization: Council for the Defense of Human Rights and Freedoms, has raised the issue of the absence of medical care for the categories of detainees reaffirming that the lack in medicaments and staff exist in many correctional centers.

BO TA SO T / 8 M arc h 2 0 09 / Gua rdia ns ’ businesses in the cells! Psychotropic substances, mobile telephones, phone cards, cold weapons, alcoholic drinks are the business of prisons in Kosovo. The public opinion and penitentiary authorities are aware of such problems in the internal prisons‟ regime. Despite the efforts and the meas ures ta ke n against such phenomenon, some prisoners benefit from the mentioned above “dangerous materials”.

The newspaper raises the concerns of use of such weapons against the prison‟s staff to escape.

PRISHTINA INSIGHT / April 2010 / “Kosova Rehabilitation Centre for Victims: A Voice for the Voiceless” - “Since 2008, KRCT has been monitoring detention centres and imprisonment in policy stations, monitoring and standards of human right s. The 20 09 re port st res se s the improvements since the previous year, such as a decline in the excessive use of force, employment o f a ps y ch ia t ris t i n M i t rov ic a/ Mi t rovi c ë Detent ion Cent re, an d renov ation s in some

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Media Monitoring

detention centres. But the report also expresses concerns on the lack of categorisation of detainees based on age, crime, risk and health status. The report also warned about the duration of those being held on remand, which was up to one year. An oth e r c onc e rn fo r K RC T re g a rdi n g the detention centres is the poor supply of hygienic products and lack of medicine.

BOTA SOT / 25 January 2009/ “Prisoners’ rights should be respected” Through a comparative analysis the newspaper shows the differences and similarities of the penitentiary system in Kosovo vis-à-vis the region. This article shows also the differences in the treatment of the detainees in the detention and correc tiona l cent res and pre-t rial deten tion centres, raisin g the importanc e of the equal treatment for both categories. The article shows the different internal possibilities for recreational a c ti v it i es , e mpl oya bi li t y , me dic a l an d psychological treatment in the prisons meanwhile raises the concerns of the problems facing the pre- trial detention centres. There is no possibility for the prisoner in pre-trial detention to benefit from the employability, possibilities for sport and other recreational activities.

DEUTSCHE WELLE / 27 February 2009/ “the present situation in Kosovo prisons” Physical violence and absence of the medical

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treatmen t of the detainee s remain the main human rights‟ violations in the Kosovo prisons. These facts were presented by an annual report of the Kosova Rehabilitation Centre for Torture victims. “Despite excessive use of force, the medical treatment is not satisfactory- the report is quoting. “There is a need for medical specialists to provide adequate health care for the categories of prisoners suffering from various illnesses. Psychiatric services are lacking in almost the entire penitentiary system, thereby reducing the possibility for the prisoners to participate in group c ouns e lin g , an d t rea tme nt . Th e se f a ct s are considered of great importance for the quality of life of prisoners”- Feride Rushiti the executive di re ct o r o f K RC T e xpre s s e d durin g the presentation of the main findings of the report.

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Introduction

Lobbying and Advocacy

Round Table for the commemoration of the International Day in support of torture victims The role of independent monitoring of places of detention to prevent human right violations, Prishtinë/Priština, 26th of June 2009 K RC T org an i ze d a roun d t a bl e in orde r t o celebrate the International Day in support of Torture Victims, on the 26th of June 2009 in the Hotel Victory in Prishtinë/Priština.

The purpose of the event was to enhance the d i s c u s s i o n o n th e i m p o r t a n c e o f a n independent monitoring mechanism of places of detention in the prevention of torture and ill-treatments in Kosovo. Other important issues such as basic concerns and challenges related to free access to places of detention for independent monitors were also di s c us s e d . Th e c onf ere n c e wa s us e d a s an advocacy tool for the role that the civil society

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s h oul d pl a y in order to improve the monitoring mechanism s as w e ll a s t o i nc re as e th e t r a n s p a r e n c y and the respect of human rights in detention. Around forty-five participants were representing different important actors and shareholders in Human Rights‟ and Justice‟s fields. Among the important participants in the Con- f e ren c e w e r e represented the Ministry of Jus- tice, the Office of the Ombudsper- so n of K os ov o , the Kosovo Police Service, the Kos- ovo Correctional Service, the EU- LEX, the Europe- an Commission Liaison office to Kosovo (ECLO), the OSCE, the International Committee of the Red Cross (ICRC), the OHCHR, the Swedish Helsinki Committee (SHC)18, the Rehabilitation and Re-

18. Now the official name is Civil Rights Defenders.

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search Centre for Torture victims (RCT), the Council for the Defense of Human Rights and Freedoms (CDHRF) and the KRCT.

Conference on “Initiative of the establishment o f th e K os o v o N at io na l Pr e ve nti v e Mechanism”, Prishtinë/Priština, 24 September 2009 Under the OPCAT, state parties are required to e s t ab li sh a n i nde pende n t NP M t o c on duc t inspections of all places of detention. This would include prisons, including juvenile detention facilities, detention centres, police holding cells, local and offshore immigration detention facilities and other places where people are deprived of their liberty, according to a set of principles such as: a mandate to undertake regular preventive visits; independence (functional independence, independence of personnel); expertise (required c a pab il i ti e s an d profe s s i ona l kn owl e dg e) ; necessary resources; access (to all places of detention; to all relevant information; the rights to conduct private interviews) ; appropriate privileges and immunities (no sanction s for communicatin g with the NPM; confidential information shall be privileged); dialogue with c ompe te n t a ut h ori ti e s re g a rdin g recommendations; power to submit proposals and observations concerning existing or proposed legislation. This event which took place at Hotel Afa in Pris ht in ë/P ri št in a , wa s pa r t o f th e

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re c omme nda ti on s pre s en t e d duri n g th e commemoration of the International Day against Torture. Th e Conf e renc e of fe re d a good opport uni t y t o ra i s e th e awareness on the O P C A T i m p l e m e n t a t i o n and establishment of the NPM in Kosovo. The Minister of Interior Affairs, the Deputy Minister of Justice, Members of Parliament, NGOs, academia, international experts, such as the Association for the Prevention of Torture (APT), the Deputy Ombudsperson of Slovenia, etc. were among thirty-two persons, participating in the Conference. It was also an opportunity to gather the various actors who could play a role in the establishment of such a mechanism and start a discussion about how it c oul d b e prac t ic al l y i mple men t ed . I t was important to identify the existing monitoring bodies, to discuss about the various possible models and about how this mechanism could ope ra t e i n orde r t o b e f ul l y e ffi c ien t and complement the work of other monitoring bodies. The discussion was an opportunity to share the experience of other countries with representatives of NPM from Slovenia and Denmark. This Conference was used as an appeal from the civil society actors to the relevant representative

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institutions for the initiation of the process of e s t ab li sh men t o f th e n a ti on a l prev en t iv e mechanism as well as presenting different models used all over the world.

Seminar on European Human Rights Standards and Practice for the Police 19-20 May 2009 – Vushtrri/Vucitrn Police School On 19 and 20 May 2009 , K RC T org a ni z e d a Seminar for staff me mb e rs o f th e Kosovo Police (KP) on Human Rights St a nda rd s an d P rac t ic e fo r th e P oli ce , with a s pe ci a l f oc u s on E u r o p e a n s t an da rds , wi th the participation o f fo rt y -fi v e K P s t af f me mb e rs coming from all regions of Kosovo. The training sessions covered issues such as the importance of spreading knowledge on human rights standards and prevention of torture and other ill-treatments ; international standards prohibiting the use of torture, with a special focus

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o n th e Europe a n h uman ri g ht s f ra mew or k an d institutions and the legal obligations of th e re l e van t institution; concrete examples of torture, from the past and the present and display of pictures of torture v i ct i ms , g i v in g a more concrete view of wh a t t hi s phenomenon implies. An evaluation questionnaire was distributed to the participants at the end of the session, where they were asked to rate various aspects of the seminar as “excellent”, “good”, “satisfactory”, “poor” or “not acceptable”. On a general level, the participants were satisfied with the seminar and rated is as good. No part of the seminars were at all rated as “poor” or “non acceptable”.

Public hearing with the Committee for legislation and judiciary of the Kosovo Assembly on the discussion of the new draft law of the Law on Execution of Penal Sanctions (LEPS) KRCT presented to the Committee for legislation an d j udic ia r y o f th e K os ov o A s se mbl y

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recommendations of amendments of the LEPS related to the establishment of an independent agency for inspections, aiming at improving the transparency of the KCS and at building up i nt e rn a l mon it orin g me ch an is ms . K RC T succeeded in obtaining the introduction of Article 19 8 ( LEP S) on th e In t e rn al I ns pe ct i o n of Correctional Facilities as safeguards against human rights violations and other breaches of the n a ti on a l la ws . Th e K RC T al s o prov ide d recommendations on the role of civil society and the importance of granting free access to places of detention to Civil Society Organisations for further independent and professional monitoring. In this regard, KRCT also succeeded since Article 194 para 8 (LEPS) states that: “The Minister of Justice in accordance with internal regulations of correctional institutions may grant the access to the organiza tion s tha t are dealin g with th e Human Rights issues”. Even if the wording of this paragraph does not totally comply with what KRCT lobbied for, this was however a good basis for the future legislative amendments.

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Seminar on European Human Rights Sta nda rd s and Pra cti c e for the Correctional Service 9 June 2010 in Vila Gërmia in Prishtinë/ Priština

KRCT, in cooperation with the Office of the Omb uds pe rs on , org an iz e d a s e min a r on “ Europe an H uman Ri g ht s St a nda rd s and Practice for the Correctional Service” in Vila Gërmia in Prishtinë/Priština.

The purpose of this event was to strengthen the knowledge of the participant s on European h uman ri gh ts s t an dard s an d t o s ha r e b est practices in order to prevent torture and ill- treatments in correctional and detention centers in Kosovo. This event was also the opportunity t o di s c us s K RC T rec ommen da t ions , th e ir relevance and their level of follow up. In this re g a rd , conc re t e steps t o i mpl e me n t K RCT recommendations have been taken. A roun d fif t e e n pa rti c ipan t s repre s en tin g professionals of detention and correctional centers in Kosovo attended the seminar. Among the participants were the Commissioner of Correctional Service, a legal officer of the Correctiona l Service, the head of the Prison H e al th De pa rt me n t an d di re ct or s an d representatives of correctional and detention centers of Kosovo.

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Meeting with CPT delegation in Prishtinë/ Priština - June 19, 2010 The Committee for the Prevention of Torture (Council of Europe) paid its periodical visit to the country raising the importance of monitoring the prison conditions and also reportin g on the progress of the implementation of the last visits (2007). During the mission, this Committee has invited representatives of civil society to discuss and share their findings on the penitentiary system in Kosovo. The KRCT was invited to meet and to provide background information on the current situation in places of detention.

Co nf er e nc e a t th e o c c asi o n o f th e commemoration of the International Day in support of torture victims “Future prospects of i nde pe nden t m o ni t or i n g of hum a n ri g hts standards in places of detention in Kosovo” in Prishtinë/Priština - June 30, 2010

KRCT, in partnership with the Office of the High Commissioner for Human Rights (OHCHR),

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organized a conference in order to celebrate the International Day in support of Torture Victims, on the 30th of June 2010 in Vila Gë rmi a i n Prishtinë/Priština.

The purpose of this event was to discuss the future prospects on the independent monitoring of human rights standards in places of detention in Kosovo. The contributions of the speakers as well as the debates focused on the establishment in Kosovo of a mechanism similar to the National Preventive Mechanism (NPM) foreseen in the OPCAT. This conference was also the closing event of the project „Prevention of torture and other forms of human rights violations in places of detention in Kosov o‟ , implemente d under the Europea n Instrument for Democracy and Human Rights (EIDHR). Around fifty representatives of the main actors and stakeholders in the field of the monitoring of human rights standards in places of detention in Kosovo attended the conference. Among the participants were Mr Haki Demolli, Minister of Justice, the Head of the Commission for Human Rights in the Kosovo Assembly, the head of the Ombuds perso n Ins tit uti on , th e Commissioner of the Kosovo Correctional Service as well as representatives of the Ministry of Health, of the Ministry of Labour and Social Welfare, of the Kosovo Police, of ECLO, of the CRD, of the EULEX, of the OSCE, of the OHCHR, of the Ombudsman Office in Albania, of the

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Helsinki Committee for Human Rights in Serbia, of the Rehabilitation and Research Centre for Torture victims (RCT), of the Council for the De f en se of H uman Ri g ht s an d F re e doms (CDHRF) and of the KRCT.

A s c onc l usi on o f th e c onf e ren ce , i t ca n be h i ghl i ght e d th a t th e re l e v an t in s ti t ut iona l stakeholders as well as the main actors of the civil society in the field of monitoring human rights standards in places of detention in Kosovo have a common willingness to step up the efforts in establishing a mechanism similar to a NPM. Based on the pa rtic ul ariti e s of Kos ovo and inspired by the experiences shared by foreign i ns t it ut i on s an d f ro m th e c i vi l s oc ie t y representatives in this conference, the next step to take is the constitution of a taskforce. This latter w il l be c ompos e d by th e Omb uds pe rso n Instit uti o n as well as by non-gove rnment a l organizations with relevant experiences in this field (CHDRF and KRCT). The international community is willing to support civil society in this process.

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KRCT Newsletters – 1st No-2009 This newsletter aimed at raising awareness of the public about the relevance for Kosovo to establish a NPM according to the provisions of the OPCAT and which model would be suitable for Kosovo, in order to concentrate and to rationalize the different efforts committed to the improvement of detention condition s in Kosovo within a national and sustainable body. The newsletter was distributed to all possible stakeholders interested in the campaign on the establishment the NPM in Kosovo and it is also available on KRCT Internet website.

K RCT Bul le ti n “ Enha nci n g th e nat io na l juvenile justice in Kosovo”, June 2010 The aim of this bulletin is to raise awareness of the relevant institutions and general public on the importance of enhancing the legal system of K os ov o in th e f ie l d o f j uv en il e det en ti on / imprisonment, as well as to underline the existing inefficiencies that jeopardize the full exercise of human rights prescribed by national, European and international instruments.

Publication of the KRCT annual report “Human Rights Standards in the Correctional Centres, Detention Centres and Police Holding Cells” February 9, 2010 The European Commission Liaison Office to K os ov o an d th e K RC T h el d a j oin t press

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conference on the occasion of the release of KRCT 2009 annual report on “Human Rights Standards in the Correctional Centres, Detention Centres and Police Holding Cells in Kosovo”.

For the second year in a row, KRCT published a report depicting the situation in respect of human rights standards in correctional centres, detention centres and police holding cells in Kosovo. The report takes stock of the follow-up given and prog re s s ma d e f oll ow in g th e pre v i ou s re c omme nda ti on s o f th e c i vi l s oc ie t y‟ s organizations, for example in the field of medical care and ill-treatments. However, efforts are still needed in order to achieve the full respect of the relevant standards. In its 2009 findings, KRCT continued to suggest concrete measures to the competent authorities i n orde r t o c on fi r m an d en ha nc e the i r commitment to enforce international human rights standards in all places of detention in accordance with the relevant Kosovo legislation and with international standards. KRCT has been monitoring places of detention throughout Kosovo for three years. Since January 2009, KRCT has been undertaking its monitoring activities under the framework of the project “Preventive torture and other forms of Human Ri g ht s v i ol at i on s in pl a ce s o f de te nt i o n in Kosovo”, a project supported by the Civil Rights Defenders and the European Commission Liaison Of fi c e un de r th e Europe a n In s t rume n t fo r Democracy and Human Rights (EIDHR).

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Parts of the findings were used as background i nf orma t i o n in th e US H uma n Ri gh t s St ate Department Report for 2009, covering human rights conditions in places of detention (www.state.gov/g/drl/rls/hrrpt/2009/eur/ 136039.htm).

Snapshot of the activities

3.03.2009 Meeting with the Council of Europe‟s

Commissioner for Human Rights, Mr. Hammarberg The full report was published in Strasbourg, 2 July 2009: Comm DH(2009)23, Report of the Council of Europe Commissioner for Human Rights‟ Special Mission to Kosovo

11.04.2009 Seminar organized to the attention to

the members of the Kosovo Police Service on human rights standards in police holding cells

26.06.2009 Round Table on the Commemoration

of 26 June

Sept. - Nov. Participation to the working group on the revision and legal amendment of the 2009 LEPS, coordinated by the Ministry of Justice

http://www.state.gov/g/drl/rls/hrrpt/2009/eur/

http://www.state.gov/g/drl/rls/hrrpt/2009/eur/

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24.09.2009 Conference on “Initiative of the establishment of the Kosovo National Preventive Mechanism in Kosovo”

12.02.2010 Press conference on the launching of

the KRCT‟s 2009 annual report

April 2010 Public hearing with the Committee for legislation and judiciary of the Kosovo Assembly on the discussion of the new draft law of LEPS

09.06.2010 Seminar on European Human Rights Standards and Practice to the attention of the Correctional Services

30.06.2010 Conference at the occasion of the

commemoration of the International Day in support of torture victims “Future prospects of independent monitoring of human rights standards in places of detention in Kosovo”

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Documents

Correctional Centres Holding cells...Ko Correctional Centres Holding cells KRCT Report Prishtina, Kosovo Preventing torture and other f o rm s of Human Rights violations in places