Prishtinë, 24 Maj 2019

The given Report refers to the visit of the National Preventive Mechanism against Torture (NPMT) to the Educational and Correctional Center for Women and Juveniles in Lipjan (hereafter “CCWJ”), accomplished on 23 and 24 January 2019.

The purpose of the visit was monitoring of implementation of NPMT recommendations, addressed to the competent authorities through Recommendation Report, published on 20 December 2016. Apart this, during the visit, the issue of admission procedures for women and juveniles was addressed as well as notification of their rights, treatment, accommodation conditions, regime, health care, incidents between prisoners, available activities, contacts with the outside world, procedures of complaint lodging and disciplinary measures.

During the visit of NPMT to the Correctional Centre for Women and Juveniles in Lipjan, the personnel of Correctional Service and personnel of Prison’s Health Department provided the monitoring team with full cooperation, the team without any delay had access to all places intended to visit.

NPMT again, as well as during the visit conducted in 2016, observes that renovations are necessary in premises where male juveniles are accommodated. Further, NPMT observes that the toilets are in very bad condition. There is humidity in some cells and hygienic conditions do not suffice at all. NPMT observes that juvenile beds lack bedclothes, mattresses are not of good quality and blankets are too thin and old.  While cells, where the juveniles reside, as far as the size and the natural lighting is concerned, abide with standards set by the European Committee on Prevention of Torture and the Law on Execution of Penal Sanctions.

Material conditions in Wards where women are accommodated generally are good and are in accordance with national and international standards. The cells have sufficient lighting; the cell size is in compliance with the CPT standards and the Law on Execution of Criminal Sanctions

Further, NPMT also visited the Mothers’ Home during the monitoring conducted, which accommodates convicted pregnant women and those with children. The conditions in this Home are good and they meet requirements for caring and upbringing of children until the age determined by international standards.

During the visit, the NPMT noted that hygiene conditions in the kitchen were at satisfactory level. The kitchen staff as well as convicts engaged with work are provided with sanitary booklets. The NPMT did not receive any complaint from prisoners regarding the quantity and quality of food served.

Lower and Upper secondary school functions in Correctional Centre for Women and Juveniles in Lipjan, within the public education system. When the NMPT team visited the CCWJ, the school was out of function due to the strike at public schools.

Article 139 of Juvenile Justice Code stipulates that a minor has the right to spend at least three (3) hours daily in open environment within the institution. NPMT has noted that the juveniles are guaranteed three hours of walking outside. Additionally, on juveniles disposal are different sports activities, EQUIP program as well as occupational work, which during the summer becomes more intensive since the CCWJ is in a possession of a greenhouse, where detained and convicted persons are engaged at work. According to the Director of this Center, currently professional training for hydro installation, electro installation and construction are being provided.

NPMT was informed from convicted women that they are permitted to take a walk outside their cells, twice a day, for one hour, which is in accordance with Article 37 of Law on Execution of Penal Sanctions. NPMT observed that women are generally engaged in kitchen and cleaning. As far as their attendance of different courses is concerned, such as tailoring and hairdressing, at the moment there are no women engaged on them.

As far as health care services is concerned, NPMT ascertains that the level of medical services offered in the CCWJ, remains on the satisfactory level. NPMT, based on interviews conducted with juveniles, finds that these services are provided under conditions which respect confidentiality.

During the visit, the NPMT admitted complaints from correctional personnel related to the understaffing of correctional officers. Further, one most frequent complaints, admitted by the NPMT from correctional officers is also the issue of calculation of the benefited work experience.

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 to the:

Ministry of Justice:

• To improve accommodation conditions in Wards where detained juveniles are held as well in other Wards where such reconstructions are needed.  
• To enforce relevant provision of the Law on Execution of Penal Sanctions as per the benefited work experience.