Ombudsperson’s published Recommendation Report with regard to Pre-detention Center in Lipjan
Prishtinë, August 19, 2019 – the given Report refers to the visit conducted by National Preventive Mechanism of Torture (NPMT) to Pre-detention Center in Lipjan accomplished on May 29, 2019. The purpose of this visit was to conduct a general assessment of the respect of human rights of incarcerated persons accommodated in Pre-Detention Centre in Lipjan (PDCL), rights that are guaranteed by the Constitution of Republic of Kosovo, applicable Laws in the Republic of Kosovo as well as with international standards on protection of human rights of persons deprived of liberty.
During the visit made by NPMT to the Pre-detention Centre in Lipjan, the staff of Correctional Centre and Prison’s Health Department provided the monitoring team with full cooperation. NPMT did not receive any complaint regarding ill-treatment and excessive use of force by the correctional officers.
During a visit to the Pre- detention Center in Lipjan, the NPMT observed that the first floor of the PDCL is completely renovated, but the accommodation conditions on the second floor were significantly different from those on the first floor and renovations are needed as soon as possible. Further, the NPMT has observed that the bed mattresses are worn out and have not been replaced for a long time and, as a result, the moisture has penetrated in some of the beds.
As per the regime is concerned, inmates can be engaged in kitchen work, cleaning, facility maintaining, laundry and working in PDCL garden. Prisoners are entitled to two and a half hours of daytime walking. Two sport fields are also available, which are paved with concrete, and due to that, prisoners often suffer injuries when falling down while playing games. Sporting activities can take place at time when prisoners go for walk.
With regard to provision of healthcare services in the PDCL, based on claims of the confined persons as well as according to relevant documents, the newly-arrived prisoners, within 24 hours, are subject to medical screening in conformity with the Law on Execution of Penal Sanctions (LEPS) and Prison Health Department’s Standard Operating Procedure. These services are provided under conditions which respect the confidentiality.
As per the contact with the outside world, based on Director’s claims, the prisoners are entitled to a visit per week. Visits on the case of remand detainees are authorized by the competent court.
Therefore, based on findings derived from the visit accomplished, the Ombudsperson recommends the Ministry of Justice to increase activities outside cells for the remand detainees in the PDCL, to supply the PDCL with new and good mattresses, to renovate the second floor of the PDCL as well as to notify the NPMT on the issue of the use of pepper spray beyond expiration date.
Complete Report with Recommendations can be found in the following link: LINK