Prishtinë, May 20, 2019

Ombudsperson’s National Preventive Mechanism against Torture visited the Correctional Centre in Smrekonicë on February 6, 2019.

The purpose of this visit was general assessment of respect of rights of incarcerated persons, of healthcare services provided to those imprisoned as well as accommodation conditions in compliance with local standards as well as those international for protection of persons deprived of liberty.

During the visit made by NPMT to the Detention Centre in Smrekonicë, Correctional Service and Prison’s Health Department staff provided the monitoring team with full cooperation and the team without any delay had access to all places intended to visit.

NPMT has observed that cells in which the convicts reside, in terms of size and natural and artificial lighting are in accordance with the standards set forth by the Committee for the Prevention of Torture^[1] (henceforth CPT) and the Law on Execution of Criminal Sanctions^[2]. Apart in one case, where the NPMT found that 7 people were located in one cell while the size of the cell was 25m2. While as far as showers and toilets on Wing D and C is concerned, NPMT noted that they were not on satisfactory level. On the second floor of the building, NPMT observed that there is an urgent need for renovation of the roof, from where leaks the water from rain or snow and due to it, some of cells’ ceiling are with humidity.

Further, the NPMT observed that hygienic conditions in the kitchen were at satisfactory level. The kitchen staff is provided with sanitary booklets. In addition to the staff, the prisoners engaged in work in the kitchen are also equipped with sanitary booklets. The NPMT did not receive complaints from prisoners regarding the quantity and quality of food served.

According to the management, generally convicts are engaged at work such as in cleaning, in kitchen and maintaining of the certain premises, whereas during the summer, they are more significantly engaged with work since the CCS owns a greenhouse where vegetables are grown.  However, it is regrettable that the available premises for conducting vocational trainings cannot yet be used because of the lack of responsible persons who would oversee the work of the convicts from a professional point of view.

As per medical services is concerned, NPMT received a number of complaints from convicts regarding delays in providing medical services, lack of medical services during night in case they are needed as well as complaints alleging that the psychiatrist is rarely present at CCS to provide necessary medical care services. As per the confidentiality of medical services, NPMT, based on interviews conducted with the detainees as well as medical staff, found that these services are provided under terms which respect the confidentiality, actually are provided without the presence of correctional officers, apart in cases when such presence is required by the doctor.

NPMT is of the opinion that contacts with outside world, with the main emphases visits conducted by family members or any other close persons are of crucial importance in context of social rehabilitation of the convicted person. As per telephone calls, Article 60 of the Law on Execution of Penal Sanctions stipulates that the convicted person has the right to make telephone calls.

During the visit, NPMT observed that there are complaint boxes available for the accommodated persons in CCS placed by the Kosovo Correctional Service, complaint boxes placed by Ombudsperson Institution as well as those placed from the Prison Health Department.  Complaint boxes placed by Ombudsperson Institution may be opened only by the personnel of this Institution, which provides confidentiality for complainants in filing complaints. Additionally, those accommodated in the CCS can also file a complaint with the Ombudsperson through a free–of-charge telephone line (telephone line information is located in the box and complaints), regular post, which according to the Law on Execution of Penal Sanctions is not subject to control, if addressed to the Kosovo Ombudsperson, as well as through their family members.

The NPMT received a considerable number of complaints from convicts in the CCS against the Release on Parole Panel. Complaints relate to not informing about Panel’s sessions and not submitting the Ruling related to conditional release request.

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

Ministry of Justice:

• To repair the roof of the Ward where convicts are accommodated.
• To functionalize facilities for conducting vocational trainings in the CCS.

[1] European Committee for the Prevention of Torture, Living space per prisoner in prison establishment, for more info visit: https://rm.coe.int/16806cc449 .

[2] Law No. 04/L-149 on Execution of Penal Sanctions, Article 36, paragraph 2.