Pristina, 30 November – National Preventive Mechanism of Torture (NPMT) during a visit to Peja Detention Center (PDC) in a number of cells found that places of accommodation, lighting and ventilation are not in compliance with the standards set by the European Committee for the Prevention of Torture (CPT) and the Law on Execution of Penal Sanctions. Additionally, the kitchen does not meet even the basic requirements. But, opposite to this, it should me mentioned that no complaint has been served to the NPMT by detainees or convicted prisoners related to health care.

NPMT visited Peja Detention Centre (NPMT) on 4^th October 2018. Findings deriving from this visit conducted are presented in this Recommendation Report.

During the NPMT visit to the PDC, the staff of Correctional Service and of the Prison Health Department provided full cooperation to the monitoring team. The team without delay had access to all premises of the PDC. The team was provided with all information needed to perform the task and enabled interviews with convicted and detained persons, without the presence of correctional officers or other personnel.

The main purpose of the visit was assessment of physical and material conditions in Peja Detention Center, as well as evaluation whether these conditions are in accordance with the Law on Execution of Penal Sanctions; standards set by the CPT and international standards for the protection of the rights of persons deprived of their liberty.

During the visit within the cells of the PDC, the NPMT has observed that at the moment the number of prisoners had reached 89 persons. The NMPT visited a number of cells and has verified that the accommodation space, lighting and ventilation are not in compliance with the standards set by the European Committee for the Prevention of Torture and the Law on Execution of penal Sanctions.

European Committee for the Prevention of Torture (CPT) has visited the PDC twice. Regarding accommodation conditions, the CPT in the report on Kosovo’s visit in 2007 described these conditions as very bad, and concluded that the size of the cells is not in compliance with the standards set by this Committee.

Further, the NPMT considers that the kitchen does not meet the basic requirements as its space is too small, without natural light, the working tools are outdated, damaged and improvised by those working there. The food was stored in a special and long-term use room.

The NPMT evaluates that the regime for the detainees remains very poor since PDC has a very short walkway, with only one tennis table. The PDC is unable to provide detainees and convicts with other activities, except walking and watching TV in the cells.

As per the health care, the NPMT has not received complaints from detainees and convicts relating to health care. The NMPT has observed that health care services in the Peja Detention Center are provided in accordance with the detainees’ requirements and needs.

As per security-related issues the NPMT was notified by the directorate that all Wards and facilities of the PDC are equipped with security cameras, which, according to the CPT, constitute one of the guarantees for protection against ill-treatment.

The NMPT has noticed that complaints boxes are placed in the PDC by the Kosovo Correctional Service as well as by the Ombudsperson Institution, which serve to the prisoners. Complaints boxes placed by the Ombudsperson Institution may only be opened by the staff of this institution, which provides complainants with confidentiality in filing a complaint.

Based on the findings and findings achieved during the visit, in accordance with Article 135, paragraph 3 of the Constitution of the Republic of Kosovo and Article 16, paragraph 4 of the Law No. 05 / L019 on Ombudsperson, the Ombudsperson recommends the Ministry of Justice:

• To notify the Ombudsperson on PDC employees’ allegations that this Center will be closed down.
• To create adequate conditions and working space for the medical staff.
• The number of detainees accommodated to be in accordance with the official capacity of the PDC and the issue of overpopulation to be resolved as soon as possible.
• Accommodation conditions, as long as this center is in use, to be in compliance with the minimum standards provided for by the Law on Execution of Penal Sanctions; with the CPT standards and other international standards for the protection of prisoners’ rights.

LINK

Public Information Office of OIK