Prishtinë, 27 April 2018 – The main purpose of this Report is drawing attention of the competent authorities of the Republic of Kosovo on respect of the rights of the arrested persons and persons who were the subject of forcible removal or extradition from the territory of the Republic of Kosovo, in accordance with the Constitution of the Republic of Kosovo, applicable laws in the Republic of Kosovo, as well as international human rights standards.
After case analyses and information gathered, the Ombudsperson estimates that authorities of the Republic of Kosovo, by forcibly removing the Turkish citizens, have exposed them to a real risk of being tortured, physically ill-treated and real risk of serious violations of rights guaranteed by the Constitution of Republic of Kosovo and by international instruments on protection of human rights, part of Republic of Kosovo legal system.
The Ombudsperson is of the opinion that authorities of Kosovo Republic, who forcibly removed the aforementioned foreign persons, did not conduct an assessment which were the guarantees against torture and physical ill-treatment in their state of origin and failed to take in consideration the situation of human rights in that country.
Due to this, the Ombudsperson ascertains that in the given case the following violations occurred: Article 29 paragraph 2, 3 and 4 of the Constitution of Republic of Kosovo [Right to Liberty and Security], Article 31 [Right to Fair and Impartial Trial], Article 32 [Right to Legal Remedies], Article 14, paragraph 1, Article 15, Article 16, paragraph 1 and 2, Article 17, paragraph 2 and 6 Law No. 04/L-213 on International Legal Cooperation in Criminal Matters, Article 8 and 10 of the Universal Declaration on Human Rights, Article 9, paragraph 1 and 2, Article 13 of the International Convent on Civil and Political Rights, Article 5, 6 and 3 of the European Convention on Human Rights and Fundamental Freedoms, Article 1, paragraph 1 of the Protocol No. 7 of the European Convention on Human Rights and Fundamental Freedoms, Article 3, paragraph 1 and 2 of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.

Furthermore, the Ombudsperson ascertains that the authorities of Republic of Kosovo did not act in accordance with the judicial practice of the European Court on Human Rights, which in its Decisions on such cases has explicitly stipulated that States under no circumstances can expel a foreigner in the territory of a state where he/she may be exposed to the risk of being physically tortured and ill-treated. The Court emphasized that this prohibition in Article 3 of the Convention is of the absolute character and is also being applied “in time of war or other public emergency threatening the life of the nation”.
Thus, based on these findings, the Ombudsperson has recommended the following to the Ministry of Internal Affairs and the Ministry of Justice:

• When assessing the status of foreigners in our country, to apply carefully all safeguards and procedures stipulated by the Constitution of the Republic of Kosovo and the International Conventions, be that for granting residence permit, be that in the case of removal or extradition.
• The Ministry of Internal Affairs to expressly inform its staff on the constitutional and legal competencies of the Ombudsperson as regards unannounced access to all places and at any time, where persons deprived of their liberty are held or could be held.
• While to the Government of the Republic of Kosovo has recommended to afford adequate compensation for non-pecuniary damage, as an expression of good will due to violation of Human Rights, pursuant to Article 41 of European Convention for the Protection of Human Rights and Fundamental Freedoms

This Report with Recommendations has been delivered by post to the responsible authorities. The same was disseminated to media and published on OI official web page.