
Press Release
Prishtinë, 20 April 2020 – The Ombudsperson received complaints from some prisoners who have requested to be released from further serving of their imprisonment, referring to the situation created upon the outbreak of the global COVID-19 pandemic. The Ombudsperson, pursuant to the Law No. 05 / L-019 on the Ombudsperson and relevant legislation at effect has no jurisdiction over the Decisions of the Conditional Release Panel as well as the decisions of the competent courts which are related to early release and temporary suspension of the execution of sentence.
Having in regard clear liabilities for undertaking decisive actions to combat COVID-19, the Ombudsperson reminds all responsible bodies of the Republic of Kosovo, responsible for persons deprived of their liberty, on the absolute nature of prohibition of torture, cruel, inhumane or degrading treatment, which is foreseen by the Constitution of the Republic of Kosovo, relevant national legislation, as well as international human rights standards.
Protection measures should never result in inhuman and degrading treatment of persons deprived of their liberty. Any restriction of fundamental rights and freedoms must be indispensable, proportionate, for a certain period of time, based on the Constitution of the Republic of Kosovo, in law, as well as international legal acts on human rights enshrined in the Constitution. Also, responsible authorities of the Republic of Kosovo, in this period, must act fully in compliance with Statement of Principles announced by the CPT on 20 March 2020 and the Advices of the UN Subcommittee on the Prevention of Torture for treatment of persons deprived of their liberty in the context of the fight against the COVID-19 pandemic declared on 25 March 2020. The Ombudsperson recommends the Government of the Republic of Kosovo that these two important documents of the above-mentioned international organizations for the treatment of persons deprived of liberty in this period of global pandemic are sent to all relevant Ministries, as well as any other authority (including the Judiciary and Parliament) responsible for the state of persons deprived of liberty.
Furthermore, the Ombudsperson urges competent authorities to submit a comprehensive report to the CPT by 30 April 2020 on the concrete measures taken in the context of global pandemics (COVID-19) regarding the treatment of persons deprived of their liberty in prisons, as well as in other institutions, in particular, healthcare and social welfare institutions as well as immigration detention centers.
In cases where family visits are prohibited for health reasons, to provide other ways to prisoners to maintain contact with their families and with the outside world, for example, by telephone, internet / email, video communication and other appropriate electronic devices. Such contacts should be facilitated, encouraged, be frequent and free of charge. Persons deprived of their liberty to be guaranteed the level of health care available to other community. Competent authorities, if necessary, to provide medical care to prisoners outside prisons and detention centers, whenever possible. The Ombudsperson urges competent authorities to impose alternative sanctions on remand detention in order to prevent increase in the number of prisoners and not to risk the principle of maintaining social distance, which is one of the measures proclaimed by the WHO in the fight against COVID -19.
Read report here https://bit.ly/3iAK1po