Prishtinë, 07 September 2018, – the given Report refers to the Ombudsperson’s National Preventive Mechanism against Torture (NPMT) visit conducted to the Educational Correctional Centre in Lipjan (CCL) on 5 July 2018. Additionally, during this year the NPMT accomplished several Ad Hoc visits to the CCL.

The purpose of this visit was to monitor the respect of juveniles’ rights deprived of their liberty, which are guaranteed by the Code of Juvenile Justice, applicable Laws in the Republic of Kosovo, as well as international standards for the protection of rights of juveniles deprived of their liberty.

During the visit, the focus of particular discussion were admission procedures, notification of minors with their rights, treatment, accommodation conditions, regime, health care, relations between juvenile prisoners, access to education, vocational training, rehabilitation and reintegration, contacts with the outside world, complaints filing procedures and disciplinary measures that may be imposed under the Law on Execution of Penal Sanctions, Juvenile Justice Code no. 03 / L-193, and the manner in which they are executed.

During the visit made by NPMT to the Educational-Correctional Centre in Lipjan, the staff of Correctional Service and the personnel of Prison Healthcare Department, provided the monitoring team with full cooperation.

During the visit NPMT did not receive any complaints from juveniles accommodated in this center concerning ill-treatment or excessive use of force.

As per material conditions of accommodation, generally, the NPMT considers that ECCL meets all conditions for juveniles’ accommodation. The NPMT has received several complaints regarding the quantity and quality of food served to juveniles who claimed to be insufficient, as well as complaints regarding the schedule of serving the meals.

NPMT observed that the kitchen, where the juveniles receive their meals, is in bad condition with regard to the dishwashing machine and hygienic conditions. This concern is exposed also by the staff and ECCL directorate who claimed that renovation of the kitchen is planned.

As per the regime and the activities, ECCL provides the opportunity to juveniles to spend at least three (3) hours daily in open environment within the institution, which is in compliance with the Code of Juvenile Justice. ECCL also has a very modern and well equipped sports hall as well as a gym, which is also equipped with all necessary equipment.

NPMT during the visit found that sport hall and the gym are used by juveniles, but they do not have a coach engaged in these sports activities. Further, tailoring, hairdressing, printing cabinets are not functional because there are no hired instructors in these fields in this center. NPMT through this report recommends relevant authorities to enable the ECCL hiring of professional and appropriate coaches, professional staff and to increase daily educational activities to juveniles in the Center.

As per the contact with outside world, NPMT considers that contacts with the outside world, in particular visits from the family or other relatives, are of crucial importance in the context of the social rehabilitation of prisoners. The NPMT did not receive complaints from juveniles regarding this right.

As per healthcare, in general, the ECCL health unit meets required standards and provides the appropriate medical services for juveniles accommodated there. The NPMT did not receive complaints from juveniles concerning medical care services.

During the visit NPMT noted that the Correctional Center in Lipjan provides adequate opportunity for filing complaints and requests, and after reviewing them, provides response to juveniles accommodated in this center. Additionally, those accommodated in this Centre can address their complaints to the Ombudsperson through complaint boxes, access to which is granted only to the specific staff of the Ombudsperson Institution.

Apart this, juveniles can address their complaints to the Ombudsperson through free of charge telephone line (information about telephone line is located in the complaint boxes), and regular post, which according to the Law on Execution of Penal Sanctions is not subject to control if it is addressed to the Ombudsperson of Kosovo as well as through their family members.

Through this report, NPMT of the Ombudsperson has delivered to responsible authorities the following recommendations: To provide ample and appropriate food to juveniles in accordance with calories required for juveniles’ growth and development; to conduct mandatory renovations in the kitchen as well as equip it with necessary kitchen appliances; to increase activities for juveniles as well as to put in function existing cabinets and engage appropriate instructors.

This recommendation report has been delivered to the responsible authorities. The same is published on Ombudsperson Institution’s official webpage, at:

https://oik-rks.org/

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