In Kosovo sick prisoners are dying awaiting court mercy

One such case occurred last month when the prisoner F.B. He has passed away in Dubrava Prison.

Lawyer Niman Hajdari from the National Torture Prevention Mechanism at the Ombudsman's Institute has explained for Kosovo that competency for the temporary suspension of punishment has been passed to the Constitutional Court, with what he says the person, the head of the institution where sentence or corrective service is made.

According to him, the Torture Department has applied for the suspension of Justice Minister Hoxha's decision, for three seriously ill inmates in Dubrava Prison, but after the visit they have made to these persons, they have found that conditions of accommodation and treatment improved.

“After this visit, we have submitted provisional request to the minister's decision to return them to this centre, as they were earlier for healing both in institutions and in their homes and by the decision of the minister were returned to this institution for suffering punishment. In view of their situation, we've asked that decision to be suspended, to put in effect a temporary measure and they be sent to these centers for further recovery or to be sent to their families. Then we visited this person again and faced a very different situation. Conditions of accommodation and treatment were markedly improved”, he said.

As for the delay in reviewing complaints by the tribunal, Hajdari says it is the state's responsibility to care for the fundamental rights of persons deprived of freedom, while in these institutions.

He emphasises that the ombudsman's institution considers failing to determine the deadline for considering complaints by the Constitutional Court.

“We think as an institution that since the law has not envisioned a deadline within which complaints or requests for suspension of provisional punishment should be considered, courts in this case should be much more experienced and address these subjects much faster since it is about persons deprived of freedom and have very serious health. With that decision, they would contribute to respecting their fundamental right of each person deprived of freedom, meaning the right to adequate medical services”, Hajdari said.

But Foundation Court officials in Pristina deny that there is delay in considering the demands of prisoners.

“Linked to your request, we inform you that the Pristina Constitutional Court complaints in the detention cases are considered within 24 hours, while in other cases, if the convict is in distress of punishment, it may be applied to the Court for the suspension of the execution of the sentence to be healed outside the object of the” correct Centre, it is said in their response to electronic mail.

Concern over cases when the prison requirements are not considered when it comes to disease has also voiced KMDLNJ.

Council Chairman Behxhet Shala has said they are unhappy with the commission's work dealing with the investigation of the requirements.

“So far we are not satisfied with the commission's work because they have neglected the demands, even the Kosovo Correcting Service, lawyers and family of convicts and organisations dealing with the protection of persons deprived of freedom, who have access to these” institutions, Shala said.

He has further discussed the issue of delayed and sickly inmates who have said that KMLDNJ sees no reason for them to be held in prison after they have served part of the sentence.

“are very rare cases a convict goes as a beginner at the age of 70 in prison. Mostly there are those convicts who have suffered much of the sentence and here should, in accordance with the work, prove a dose of humanity by cutting their sentences or releasing them because there are times when there was a completely motionless convict and caused problems to the Correcting Service because it had to be guarded by health personnel but also by police. Thus, those cases should be handled with an emergency and in line with age and health, but also with the weight of the sentence, if not completely released, the sentence would be reduced so that as soon as they leave the prison”, Shala said.

Kosovas has also tried to get an answer from the Correcting Service to learn how many demands there have been among inmates who are sick and how many of them have not been answered.

But not two weeks after sending questions from Kosovo, no one from the Correcting Service has answered.