The Ombudsperson published Report recommendations related to the detention centre for foreigners in Vranidoll
Prishtinë, May 07, 2019 – National Preventive Mechanism of Torture (NPMT), on 13 February 2019, visited the Detention Centre for Foreigners (DCF), which functions within the Department of Citizenship, Asylum and Migration (DCAM) of the Ministry of Internal Affairs (MIA).
The purpose of this visit was to monitor the adherence of foreigners’ right, who are held in DCF, as provided for by the Law on Foreigners, the Law on Asylum, by the Regulation No. 04/2018 the Operation of the Detention Centre for Foreigners and international human rights standards as well as implementation of NPMT recommendations addressed to competent authorities through Recommendation Report, published on May 2, 2018.
During the visit to the DCF, the Centre’s personnel provided NPMT its full cooperation. The team was granted, without delays, access to all areas of the Centre. Furthermore, all information necessary to perform its duties were provided to the team, and they were allowed to interview the detained persons without the presence of security officials and other DCF officials.
In a view of international standards on human rights, detention (keeping the foreigner on detention) should be the last resort undertaken by the state authorities to remove the foreigner from the territory, who is the subject of forded return.
NPMT observes that standards determined by the European Committee for Torture Prevention (henceforth “CPT”), have expressively ascertained that detained irregular immigrants should, from the very outset of their deprivation of liberty, enjoy three basic rights, in the same way as other categories of detained persons. These rights are: to have access to a lawyer, to have access to a medical doctor, and to be able to inform a relative or third party of one’s choice about the detention measure.
With regard to the foreigner’s right to contact the Consulate or the Embassy of the state, the NPMT noted that the Law on Foreigners has determined the right of the foreigner to inform the diplomatic or consular representative for his/her detention.
According to the Regulation, the foreigner accommodated at this Centre has the following rights: information concerning the right of appeal for detention in the Centre, the right to free legal aid, the right to an interpreter in his/her language or in a language he/she understands, the right to communicate with relevant local authorities and international and non-governmental organizations.
The NPMT noted that all corridors of DCF are covered by security cameras, which are additional safeguards against physical ill-treatment, as well as protection of personnel from false accusations.
As per the right of being informed on one’s language or in a language that the detained foreigners understand, NPMT in the course of the visit, noticed that the foreigners in the DCF are informed on their rights, through leaflets written in languages mostly spoken as well as in Arabic language.
During the visit at the Centre, NPMT visited two facilities where foreigners are held and considers that conditions of accommodation in the DCF are at a very good level.
Furthermore, CPT points out that the ethos of an immigration detention setting should not be carceral, which means that staff working within immigration detention facilities should not be equipped with batons, handcuffs or pepper spray and has recommended that such equipment are not kept openly for the foreigners to see.
As per health services, the Regulation determines that the foreigner during his/her stay in the Center shall have the right to medical assistance. To the foreigners who are residing at the DCF, medical services are provided by the nearest Family Medical Center (FMC) and, as needed, are transferred for secondary hospital services in the region or at the University Clinical Center (UCCK), where tertiary health services are also provided, since DCF still does not have medical personnel.
According to Regulation, disciplinary measures which can be imposed on a foreigner are: verbal or written warning, obligation for maintaining and cleaning the Center, deprivation of the right to free activity, recreation, TV, internet, sports or cultural activities in duration of five (5) days, and isolation up to 48 hours.
According to CPT Standards, foreign detainees should have every opportunity to be in touch with the outside world and their freedom of movement within the detention Center should be limited as little as possible.
Therefore, based on findings during the visit accomplished, the NPMT recommends the Ministry of Internal Affairs:
- The NPMT reiterates the recommendation that DCF must have at least a nurse available who would carry out the medical checks of the newly accommodated detainees, provide the medical therapy and take care of the medical files of the foreigners within the DCF.
- The NPMT reiterates the recommendation that the Center should maintain protocols as follows: Protocols for on solitude, bodily injury, self-harm, attempted suicide, sexual abuse and deaths.
- The NPMT reiterates the recommendation that Security personnel should undergo adequate training to work with this category.
- The NPMT reiterates the recommendation that for all their rights and obligations, foreigners shall be notified through a special document in the language they understand and in which they prove that they have understood their rights and obligations.
- To foreigners, to who the disciplinary measure of segregation is imposed, to be enabled enjoying of rights, in compliance with standards set by CPT (see paragraphs 45 up to 48 of this Report).
- To adopt a disciplinary Regulation, that would stipulate disciplinary procedures as well as foreigners’ rights, to whom such measure is imposed.
Link of the Report: LINK