Prishtinë, 21 February 2018 – The Ombudsperson, in the capacity of a friend of the Court (Amicus Curiae), has delivered today to the Basic Court in Prishtina the Legal Opinion related to the treatment of seriously ill persons deprived of liberty, treating specifically the case of Driton Hajdari, on whose behalf, a complaint has been lodged with the Ombudsperson Institution through his spouse.
Pursuant to the documents admitted by the complainant and from the visits that representatives of the Ombudsperson Institution conducted to the patient as well as information obtained from the Prison Health Department of the Ministry of Health, the convicted person, suffers from a severe progressive illnesses, due to which the patient has been hospitalized as per his deteriorated health condition several time.

PHD in its Report submitted to the Ombudsperson notifies that the convicted person, subject of this report, cannot be provided with due health care based on the nature of his illness. Based on the conditions of Prison Health Units, the PHD stresses that they lack institutions for treatment of persons with special needs; they lack the possibility of treating people incapable of self-care as well as with companion, but solely 24 hours nursing care can be provided; they do not have a neurologist who would be in charge for ongoing treatment according to the recommendations of the Neurology Clinic and Health indications; essential medical list lacks medications for treatment of such severe illnesses, which is specific and of tertiary level, for which University Clinical Centre of Kosovo faces difficulties in drug supplying.
Based on this PHD Report, the responsible body which acts on behalf of the State, points out that this institution cannot offer to the convicted person the medical services as well as treatment in accordance with international standards on prisoners’ rights, the Constitution of the Republic of Kosovo and the Law on the Execution of Criminal Sanctions.
In the Legal Analyses that the Ombudsperson performs in this Legal Opinion he points out State’s positive obligations which derives from the Constitution of Republic of Kosovo, which serves to the protection of human dignity as inviolable and as the basis of all rights, as well as rule of law functioning.
Furthermore, the Ombudsperson refers also to the European Convention on Human Rights and Fundamental Freedoms and specifies Article 3 in the meaning of which the State must ensure that incarcerated person is kept in conditions which are compatible with respect for his human dignity.
This issue is emphasized also in findings of the European Committee for Prevention of Torture, which is in compliance with Rule 43 of European Prison Rules. In this spirit UN Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules) are highlighted as well.
The Ombudsperson draws attention on Article 53 of the Constitution, which requires that human rights and fundamental freedoms guaranteed by the Constitution are interpreted in compliance with judicial decision of the European Court on Human.
Further, the Ombudsperson recalls Article 5 of the Law on Execution of Penal Sanctions which explicitly stipulates that penal sanctions shall be executed in such a way as to assure humanity of treatment and respect for the dignity of each individual.

On the other hand, in this Legal Opinion addressed to the Basic Court in Prishtina the Ombudsperson concludes that further detention of the prisoner concerned under the conditions and care specified in the Report submitted by Prison Health Department, would constitute violation of Article 3 of the European Convention for the Protection of Human Rights and other international aforementioned Human Rights instruments.
Legal Opinion in the capacity of the Friend of the Court (Amicus Curiae) was delivered to the responsible authority, based on Article 16, paragraph 9 of the Law No. 05/L -019 on the Ombudsperson, according to which the Ombudsperson may appear in the capacity of the friend of the Court (Amicus Curiae) in court proceedings concerning human rights..
This Legal Opinion, in its full form, is disseminated to media as well as published on OI official web-page