Prishtinë, May 9, 2019

The given Report is based on the visit conducted by the National Preventive Mechanism against Torture (NPMT) on February 13, 2019, at the border crossing point Prishtina International Airport (PIA)“Adem Jashari” .

The purpose of this visit was general assessment of respect of foreigners’ rights, who, based on the Law on Foreigners in the Republic of Kosovo as well as on other relevant laws, cannot enter the territory of the Republic of Kosovo, are subject of return to the places from where they have come or are temporary hold in facilities of the border crossing point at the PIA.

During the visit at this border point of entry, cooperation of police officers, those on-duty, with the NPMT was inclusive.  The team had unhindered access to all places intended to visit and were provided with all the information needed to carry out the task.

During the visit by the NPMT at the PIA there were no foreigners accommodated in these premises.

The NPMT considers that responsible authorities should notify the Mechanism whenever there are foreigners in these facilities, who cannot cross the state border line. This would serve to strengthen safeguarding of their fundamental rights.

During the visit, NPMT observed that these facilities provide good accommodation conditions with sufficient furnishings for placement of personal belongings, the cleanliness on satisfactory level, toilets appropriately supplied with hygienic items, showers in a very good conditions as well as sufficient artificial lighting.  Based on allegations of border police officials, foreigners who are kept in these premises are allowed to exercise in the open air on a daily bases.

NPMT deems of great importance that the foreigners kept in these premises have contact with the outside world.

As per health services, the Health unit, which operates within the PIA, is not a part of Republic of Kosovo Healthcare System, but is a service that is organized by PIA. Medical services are provided 24 hours for those detained.

During the visit, NPMT observed that facilities accommodating foreigners who cannot cross the border of Republic of Kosovo, lack notices containing information who to address in case they have complaints as per the treatment by police officers or in case they want to acquire information about their legal status and their rights.

Based on findings and ascertainments acquired during the visit in PIA, pursuant to Article 135, paragraph 3, of the Constitution of Republic of Kosovo and Article 16, paragraph 4 of the Law No. 05/L-019 on Ombudsperson, the Ombudsperson recommends:

The Ministry of Internal Affairs:

• That holding facilities at PIA’s point of entry to be provided with relevant information in different languages through which foreigners are to be informed on their rights, their legal status, and the right to contact with Mechanisms for Protection of Human Rights.
• To inform NPMT whenever foreigners are accommodated at PIA’s point of entry holding facilities as well as on cases of their expulsion from the territory of Republic of Kosovo.