Prishtinë, July 1, 2019 – The given Report refers to the visit of National Preventive Mechanism against Torture (NPMT), accomplished from February 27 up to 1 March 2019, in the Dubrava Correctional Center (hereinafter “DCC”).

The aim of this visit was assessment and verification of implementation of NPMT recommendations, which were addressed to responsible authorities through Recommendation Report, for the visit conducted to the DCC accomplished from March 20 up to 22 March 2018. Apart this, the purpose of this visit was to assess the respect of rights of detained persons which are guaranteed by the Constitution of Republic of Kosovo, applicable Laws in the Republic of Kosovo as well as international standards on protection of human rights of persons deprived of liberty.

During the visit the monitoring team focused on the progress made on implementation of  previously given recommendations, accommodation conditions for prisoners, adoption of secondary legislation on corruption combating, activities and trainings available to convicts, engagement at work, contacts with outside world, health services provided in DCC, disciplinary procedures and their implementation, etc. The NPMT salutes the progress made by the authority in implementation of recommendations delivered by the NMPT regarding the last visit to DCC.

During the visit conducted to the DCC, NPMT did not receive any complaint from detainees and convicts concerning ill-treatment and excessive use of force by the correctional officers while the level of interactive communication between convicts and correctional officers in on satisfactory level.  Based on the relevant documents, the NPMT noted that during this year, 12 incidents have been recorded so far by the prisoners. The NPMT noted that these incidents were recorded in the relevant forms, medical assistance was provided as needed and actions were foreseen under the Law on Execution of Criminal Sanctions.

Health services in the DCC are provided by prison hospital, regional hospitals and University Clinical Centre of Kosovo. The NPMT observed that the prison hospital, even though has undergone some floor renovations in the part where the patients stay, still it does not meet the conditions for adequate treatment of hospitalized persons.

Regardless recommendations of the NPMT as well as European Committee for the Prevention of Torture no appropriate solution has been yet found regarding convicts with disabilities in prison     hospital premises. In compliance with the legislation at force, newly- arrived prisoners are subject to medical screening within 24 hours of admission. Confidentiality of medical services is secured in compliance with legislation at force as well as international standards on the Rights of Prisoners.
NPMT salutes renovation of Ward 4 and 6 which has been completed and the prisoners were accommodated in them. NPMT has observed that cells where prisoners with imposed solitary confinement measure, as per accommodation conditions, presently abide with the Law on Execution of Penal Sanction and the standards of the European Committee for the Prevention of Torture (CPT). NPMT has observed that in Ward 8 there were no renovations, as recommended by the NPMT, but partly renovations. The NPMT noted that in this Ward, moisture has party penetrated in one of the wing, while radiators leak due to technical defects and because of that no appropriate heating was available to the detainees of this Ward.

In the kitchen, where food for inmates is prepared, some deficiencies have been recorded concerning the lack of adequate equipment for cooking and supply with hygienic equipment. During the visit again was noted that prisoners use improvised electrical devices for heating the water, which could seriously risk their lives.

As per Regime is concerned, in DCC, according to the management there are about 300 convicts engaged at work.  They are mostly engaged at work in the kitchen, cleaning as well as on Center’s poultry farm.  There is a gym, basketball and football court within DCC establishment. The basketball court at the moment is not being used since it needs changing damaged windows and install window meshes.  Consequently, NPMT ascertains that the recommendation provided regarding putting in function the sports court, continues not to be implemented. Additionally, NPMT was informed that the economic unit has not been yet put in function, which would increase activities and engagement of a greater number of the convicted persons.

As per the personnel of the DCC is concerned, the NPMT witnessed the concern expressed by the management due to the lack of correctional personnel, social workers and the psychologists. During the visit, the NPMT received many complaints from correctional staff regarding the insufficient number of correctional officers in relation to prisoners and other working conditions. Also, the NPMT during interviews with correctional officers admitted their concerns regarding the Law on Salaries, which was recently approved by the Assembly of the Republic of Kosovo. Still of a great concern is low number of social workers, compared to the number of prisoners.

As per the security-related issues NPMT has observed that the so called pepper spray, with expired date, is still the part of standard equipment of correctional officers in DCC.

Through Recommendation Report the NPMT has recommended the Ministry of Justice adoption of secondary legislation for fighting corruption, as foreseen with Law on Execution of Penal Sanctions, to undertake appropriate renovations in Ward 8, to equip the kitchen with adequate appliances according to accurate evaluation, to take appropriate steps in order to end the practice of using unfitting electrical equipment, that detainees are equipped with closets for placement of their belongings,  to put sports court in function, to put in function the economic unit,  that appropriate solution is found in Prison hospital in order to provide access to patients with limited abilities in the second floor of hospital, to hire necessary correctional personnel according to needs assessment,  to set security cameras where needed, to increase number of social workers based on number of the DCC detainees,  to address correctional officers’ needs as per working conditions and their concerns related to their position as per the Law on Salaries, to remove peper spray with expired date from use.

Recommendation report can be found at: Link

Public Inofmration Office – OIK