
26th JUNE – International Day in Support of Victims of Torture
As of January to March 2020 Ombudsperson’s National Preventive Mechanism of Torture (NPMT) carried approximately 38 visits to institutions of deprivation of liberty, asylum centers as well as psychiatric institutions. As of 15 March 2020, when the Government of the Republic of Kosovo declared a public health emergency for prevention of COVID-19 pandemic spreading, the NPMT has temporarily suspended visits to prisons and detention centers, based on precaution to observe the ‘do no harm’ principle, recommended by the European Committee for the Prevention of Torture and the UN Subcommittee on Prevention of Torture. Notwithstanding this fact, monitoring the observance of the rights of persons deprived of their liberty has continued intensively through contacts with the authorities as well as with admission of complaints from prisoners through telephone calls or other means of communication.
The NPMT was in permanent contact with the Kosovo Correctional Service (KCS) and was informed of the KCS Operational Plan and Order, Operational Plan of the Prisons Health Service, the preventive measures which are in line with the Recommendations of National Institute of Public Health and the World Health Organization.
The corona virus disease (COVID-19) pandemic has created huge challenges for the authorities of all Council of Europe member states. NPMT is in unceasing contact with the European NPM Forum, where NPMs from different countries are constantly exchanging their feedback experiences during pandemics.
The United Nations General Assembly designated June 26 as the International Day in Support of Victims of Torture. To mark this date, the NPMT of the Ombudsperson Institution reminds responsible institutions about Article 27 of the Constitution of the Republic of Kosovo, which states that “no one shall be subject to torture, cruel, inhuman or degrading treatment or punishment.” The NPMT also recalls the Statement of Principles relating to treatment of persons deprived of their liberty in the context of the corona virus disease (COVID-19) pandemic, published by the European Committee for the Prevention of Torture (CPT) on 20 March 2020, which states:
“Whilst acknowledging the clear imperative to take firm action to combat COVID-19, the CPT must remind all actors of the absolute nature of the prohibition of torture and inhuman or degrading treatment. Protective measures must never result in inhuman or degrading treatment of persons deprived of their liberty.”
Until now, the Ombudsperson, through telephone lines available to persons deprived of their liberty, did not receive any complaint for inhuman or degrading treatment. All complaints received so far refer to early release and parole.