Pristina, June 26, 2024 – The Ombudsman, once again this year in marking the International Day against Torture, reiterates the importance of fulfilling the state’s obligations to take effective legislative, administrative, judicial and other measures to prevent any form of torture. the practice of torture, as defined in the convention against torture and other cruel, inhuman or degrading treatment or punishment, which entered into force on June 26, 1987.

The Ombudsman, exercising his mandate as the National Mechanism for the Prevention of Torture, has continued monitoring and supervision through regular and unannounced visits to all places where persons deprived of their liberty are kept. This is in order to ensure that there will be no case of torture or inhuman and degrading treatment.

Continuous monitoring has assessed the improvement of conditions and standards regarding persons deprived of liberty, evaluating the treatment and protection of convicts and pre-trial detainees, material conditions and living conditions, regime and activities, contact with the outside world and treatment health.

The establishment of control in cases of eventual conflicts between convicts or detainees, the prevention of mental and physical abuse, as well as all other aspects related to the treatment with dignity and respect for the rights of each person, were also monitored. Deprived of freedom.

However, the situation is not the same in all these centers, some of the detention centers do not meet the conditions and standards due to the age of the facilities, therefore recommendations have been addressed to close these centers (the detention center in Pejë and Prizren).

The People’s Advocate has given special importance to the supervision of the respect of the rights of persons with mental disorders in mental health service environments. On this occasion, he reiterates his concern regarding the detention procedures of persons with mental disorders for involuntary treatment, without notifying the competent court, as well as the delays in making decisions by the court.

This represents a violation and violation of human rights, a finding which has also been evidenced by the Mechanism for the Prevention of Torture of the Council of Europe. This situation requires urgent changes to the legal provisions of Law no. 03/L-007 on the Uncontested Procedure (Articles 75 to 96) and the legal provisions of Law No. 05/L -025 on Mental Health (articles 20 to 24), with the aim of harmonizing and defining clear procedures and in accordance with standards that guarantee respect for human rights and freedoms.

It is encouraging that we have not found a single case of torture, cruel, inhuman or humiliating treatment or punishment, as an indication of treatment with dignity and respect for human rights and freedoms in this area.

Despite this, the People’s Advocate recalls that anyone who has found himself in circumstances of such treatment can address a complaint to the People’s Advocate Institution, guaranteeing that each case of reporting will be treated with professionalism, confidentiality, impartiality and guaranteeing a response immediate and efficient.