Press release:

THE OMBUDSPERSON PUBLISHED REPORT WITH RECOMMENDATIONS RELATED TO THE VISIT OF NATIONAL PREVENTIVE MECHANISM OF TORTURE IN THE CORRECTIONAL CENTER IN DUBRAVË

Prishtinë, 24 August 2018 – The given report refers to the visit of National Preventive Mechanism of Torture (NPMT) conducted to the Correctional Center in Dubrava (CCD) from 20 up to 22 March 2018. During the visit the staff of the Correctional Center in Dubrava (CCD) provided the monitoring team of the National Preventive Mechanism against Torture (NPMT) full cooperation so the team without any delay had access to all places of visit. The team was also provided with all information needed to perform the task as well as the possibility to interview the detainees without the presence of correctional officers. During the visit to this establishment, NPMT did not receive complaints of physical abuse or excessive use of force by correctional officers.  The monitoring team received two complaints from two inmates claiming that they were ill-treated by Kosovo Police officers at the time of arrest and were taken to the police stations, where they have been interviewed.

The monitoring team received a significant number of claims from prisoners related to the corruption and preferences. According to these allegations, by paying a certain amounts of money, the prisoners may gain preferential treatment as per opportunities for work, family visits, temporary leave outside the institution, medical treatment etc.

The NPMT has also received a number of allegations by detainees according to which, certain prisoners of certain categories, are treated with favoritisms compared to other inmates.

Without anticipating whether such allegations are accurate or not, the NPMT considers that the DCC directorate and competent Kosovo bodies of the Correctional Service (KCS) should undertake comprehensive and independent investigations whenever there are allegations of corruption and favoritism in DCC. The above given authorities should strengthen their efforts to combat these phenomena through preventive measures, education and the imposing of adequate sanctions. During the visit to the DCC, the NPMT received a large number of complaints regarding the quality and quantity of food served to prisoners. The prisoners claimed that the food served for breakfast and dinner is of poor quality and insufficient.

Accommodation conditions differ from the Ward to Ward. The NPMT noted that Ward 1 is renovated, toilets and showers are in good condition, the cells lacked moisture, they were painted and clean. The cells were generally warm; with sufficient lighting, and airing. During the visit, the NPMT paid particular attention to prisoners to whom the measure of solitary confinement has been imposed due to disciplinary violations and who were located in separate cells.

The NPMT considers that such cells ought to meet criteria foreseen by the Law on Execution of Criminal Sanctions, which stipulates that the room for the execution of solitary confinement should have a space of at least ten (10) cubic meters, sanitary equipment, natural light, drinking water, bedding with sheets, table, chair and heating.

During the visit NPMT observed that Ward 2 needs to be renovated since there were cells and dining halls that held moisture; showers and toilets were also in bad conditions. During the visit, it was noted that inmates use self-invented electrical equipment for heating the water, which could seriously risk their lives.

The NMPT has visited Ward 8 where recently admitted prisoners are accommodated and who undergo a basic regime in duration of 28 days. The accommodation conditions in this ward are very bad and can easily be compared with degrading, humiliation and inhuman treatment. The NPMT expresses serious concern about the fact that part of the Ward 8 is used as a Hospital wing.

The NPMT retains the opinion that with the aim to achieve proper resocialization and rehabilitation of convicts, appropriate activities should be increased as well as enabling the possibility to undergo rehabilitation programs which would be available to a large number of convicted persons.

Additionally, NPMT considers that establishment of economic units will increase activities and engagement of a greater number of the convicted persons. Establishment of economic unit is foreseen with the Law on Execution of Penal Sanctions as well. During the visit, NPMT observed that the hospital continues to function without an elevator through which the access to the second floor of the convicted persons with disabilities would be enabled.

During this visit NPMT witnessed the concern expressed by the directorate due to the lack of correctional personnel, social workers and the psychologists. DCC lacks approximately 100 correctional officers according to the directory. This number is planned to be increased for 50 new correctional officers, according to the directorate. It is important mentioning the concern of the directorate about the average age of the correctional officers that is 49 years of age. During the visit, the NPMT received many complaints from correctional staff regarding the insufficient number of correctional officers in relation to prisoners and other work conditions.

Similarly, one of the most common complaints which the NPMT receives from the correctional officers is the issue of recognition of beneficiary length service.

NPMT received no complaints regarding the right for contacts with the outside world. During the visit, NPMT has visited also the premises where family and free visits perform. Conditions in these facilities remain on satisfying level, and NPMT did not receive any complaint neither from the detainees nor by the visitors which were at these facilities at the time of the visit.

NPMT was informed by the directory that in some wards and facilities in DCC there are no security cameras and that some cameras are out of order. NPMT encourages DCC authorities to equip all corridors of wards and external areas with security cameras, which according to CPT comprise one of guarantees for protection from ill-treatment. Through this Report as well, NPMT encourages relevant authorities to provide technical possibilities so that the data recorded by the security cameras are stored for a long time period, since subsequent allegations for ill-treatment or excessive use of physical force can be investigated more effectively in this way. According to the directorate, during this year, up to present, four incidents have been recorded so far between prisoners. The NPMT has noted that these incidents have been identified in the relevant forms. In general, the NPMT during the visit noted that the relations between the prisoners are good and there are no tensions between them in almost any ward.

The NMPT has received complaints from convicts regarding non-response on requests addressed to the directorate. The NPMT considers that, despite the nature of the request, it is important to provide prisoners with the response. NPMT was notified that the Kosovo Correctional Service, in cooperation with experts of the Council of Europe, within the supporting project for the Kosovo Correctional Service, held several workshops with intention of procedures setting and compiling of detainees’ complaint forms.

During the visit, monitoring team received a great number of complaints against the decision of the Conditional Release Panel (CRP). Based on complainants’ allegations the CRP does not send to the DCC decisions related to their requests on parole (conditional release).  

During an official meeting NPMT informed the directorate of Kosovo Correctional Service on all findings and recommendations provided in this report.

Through this Report Ombudsperson’s National Preventive Mechanism against Torture has recommended relevant institutions as follows: to inform the Ombudsperson’s NPMT whether  the secondary legislation for fighting corruption has been adopted, to improve food quality and quantity, to provide the prisoners with dietary meals according to the recommendation of the competent doctor, all cells accommodating prisoners, to whom disciplinary measures of solitary confinement is imposed, to be in accordance with the Law on Execution of Penal Sanctions and the recommendations of the European Committee for the Prevention of Torture, to make necessary repairs based on the findings in this Report, especially the Ward 8, to equip the kitchen with adequate appliances according to accurate evaluation, to take specific steps in order to end the practice of using unfitting electrical equipment, NPMT reiterates the recommendation previously given that the detainees are equipped with lockers for placing their belongings, NPMT reiterates recommendation of putting the gym in function, it also recommends to make functional economic unit, NPMT reiterates the recommendation of lift instalment, which would enable disabled detainees’ access in hospital’s second floor, to make necessary renovations in the hospital, to hire necessary correctional personnel according to needs assessment, NPMT reiterates recommendation of setting security cameras where needed as well as technical possibility of preserving information for a longer time period, to increase the number of social workers based on the DCC detainees number, to supply DCC with all necessary equipment and materials needed for daily work, to address correctional officers’ needs as per working conditions and working tools, to inform NPMT regarding the issue of using pepper spray and expiring date of the same, NPMT reiterates the recommendation to the Ministry of Health to hire a dentist on regular bases, NPMT reiterates the recommendation to the Ministry of Health to hire a psychologist on regular bases .

Full Report with recommendations can be found at: http://www.ombudspersonkosovo.org.

OI Media and Public Relation Office