Ombudsman seeks to improve conditions for prisoners, gives recommendations

Through a media communique, it is known that the report in question refers to the visit of the National Mechanism for Prevention of Torture (MKPT) from 20 to 22 March 2018.

“During the visit, the staff of the Straight Centre in Dubrava (QKD) offered the National Mechanism Monitoring Team for Prevention (MKPT) full co-operation, so the team without delay had access to all central spaces. The teams were provided with all the information needed to carry out the task, as well as the opportunity to interview prisoners without the presence of correcting officials. During the visit to this center, The MKPT has not accepted complaints about physical abuse or excessive use of force by corrective officials”, said the communique.

Furthermore, it is said that the monitoring team has accepted two complaints by two prisoners allegedly being physically mistreated by Kosovo Police officials at the time they were arrested and sent to police stations where they were interviewed. The monitoring team has accepted a considerable number of statements by prisoners for corruption and favourability. According to these claims, based on a certain payment of money, prisoners can benefit favourable treatment in terms of work, family visits, temporary departure outside the institution, medical treatment, and so forth.

The MKPT also says it has accepted a number of statements from prisoners, according to which the designated prisoners of certain categories are treated with favors compared to other prisoners.

“Do not prejudge whether such statements are true or not, The MKPT considers that the KKD Directorate and competent bodies of the Kosovo Correcting Service (SHKK) should conduct comprehensive and independent investigations whenever there are claims of corruption and favourability in the KKD. Authorities in question must strengthen their efforts to combat these phenomena through preventative measures, education and the application of adequate sanctions. During the visit to the QKD, the MKPT has accepted a large number of complaints about quality and the amount of food that prisoners are served. The prisoners claimed that the quality and amount of food served for breakfast and dinner is very poor”, said in the communique, transmits Koha.net.

Conditions of accommodation vary from ward to ward. MKPT has noted that ward 1 has renovated, toilets and showers were in good condition, cells had no moisture, were limey and clean. The cells were generally warm, had sufficient lighting, as well as ventilation. During the visit, The MKPT paid particular attention to the prisoners who were pronounced the measure of loneliness due to disciplinary violations and were held in separate cells. The MKPT considers that such cells must meet the pre-priced criteria with the Law for Execution of Criminal Sanctions, which stipulates that the room for the execution of loneliness should have a space of at least ten (10) cubic metres, sanitation, natural light, drinking water, bed with sheets, table, chairs and heating.

The MKPT during the visit says it has noted that renovations are needed in ward 2 as there were cells and dining halls that kept wet; showers and toilets were also in poor shape. During the visit, it has been noted that prisoners use improvised water heating devices that could seriously endanger their lives.

The MKPT has visited ward 8 in which the newly admitted are placed and subject to a fundamental regime, which lasts 28 days. The accommodation conditions in this ward are very bad and can easily be equated with degrading, degrading, and inhuman treatment. MKPT expresses serious concern over the fact that part of ward number 8 is used as a hospital wing.

The MKPT agrees that with the aim of achieving adequate resocialisation and rehabilitation of convicts, there must be increased real activities and as many rehabilitation programmes available to the large number of convicts.

And so, The MKPT considers that establishing the economic unit would increase the activities and commitments of a larger number of convicts. The creation of economic units is also provided with the Law for the Execution of Criminal Sanctions. Even during this visit, MKPT has noted that the hospital still doesn't own an elevator through which access to the second floor to disabled convicts would be allowed. During this visit, the MKPT has acknowledged the directorate's concerns due to lack of correctional personnel, social workers and psychologists. Approximately 100 correctional officials lack QKD according to the directorate. But according to the directorate, more correctional personnel are planned for 50 new officials. Also, the directorate has expressed concern over the average age of correctional personnel, who is 49. During the visit, The MKPT has also received many complaints from corrective personnel regarding the small number of correctional officials in relation to prisoners and other working conditions.

Also, one of the frequent complaints which the MKPT accepts from correcting officials is the question of calculating the valid stage. The MKPT has not accepted complaints about the right to contact the outside world. During the visit, MKPT has also visited spaces where family visits and free visits are accepted. Conditions in these spaces remain at a satisfactory level and the MKPT has received no complaints either from prisoners or from visitors who found themselves in these spaces during the visit. The MKPT was announced by the directorate that in several wards and facilities in the QKD there are no security cameras and that some cameras are out of place.

The MKPT encourages QKD authorities to equip all corridors of wards and outer spaces with security cameras, which, according to the KPT, in fact constitute one of the guarantees for protection from mistreatment. Even through this report, The MKPT encourages relevant authorities providing technical opportunities for data recorded by security cameras to be preserved a longer time, as in this way it can be more effectively investigated for the abuse or excessive use of physical force. According to the directorate, during this year, four incidents between prisoners have been recorded so far. The MKPT has noted that these incidents are listed in relevant forms. In general, The MKPT during the visit has noted that reports among prisoners are good and there is no climate of worrying tension between them in almost no ward.

The MKPT has accepted complaints from convicts about failing to respond to demands addressed to the directorate. The MKPT considers that despite the nature of demand, it is important for prisoners to return to the requirements set forth. The MKPT is reported that the Kosovo Correcting Service in co-operation with Council of Europe experts under the support project for the Kosovo Correcting Service has held several workers with the aim of building procedures and drafting of prison complaints forms. During the visit, the monitoring team has accepted a large number of complaints against the panel for Freedom decisions with Condition (PLK). According to the claims of the complainers, The PLK does not forward to the QKD decisions regarding their parole request.

The MKPT, for all findings and recommendations in the report in question, has announced Kosovo's General Director of the Correct Service during an official meeting.

Through This Report The Ombudsman's MKPT has recommended competent institutions as follows: To report the ombudsman's MKPT if secondary legislation on fighting corruption has been passed, to improve quality and quantity of food, prisoners to provide dietary food under the recommendation of the competent doctor, all cells to which prisoners are pronounced the disciplinary measures of loneliness are pronounced to be in accordance with the Law for the Execution of Criminal Sanctions, and recommendations of the European Committee for Prevention of Torture, to become necessary renovations based on the findings in this report, especially the ward 8, be supplied with concrete evaluations, according to concrete steps that are undertaken to the practice of the improvised electrical equipment, and the unintelligating equipment. The new MKPT reiterates the recommendation that prisoners be supplied with cabinets for the deployment of their items, The new MKPT reiterates the recommendation to function the sports room, to function the economic unit, The new MKPT reiterated the recommendation that the elevator be installed at the prison hospital, which would enable disabled prisoners to access the second floor of the hospital, make necessary renovations at the hospital, engage needed correctional personnel according to the assessment of needs, The new MKPT reiterates the recommendation placed by security cameras where they are missing, as well as the technical possibility of keeping data for a longer time, to increase the number of social workers based on the number of inmates in the QKD, to supply the QKD with all the equipment and materials needed for daily work, to address the needs of corrective officials in terms of work and labor equipment, to be reported MKPT on the issue of the use of pepper spray and deadlines of the same time. The MKPT reiterates the recommendation that the Health Ministry engage a regular dentist, The MKPT reiterates the recommendation that the Health Ministry engage a regular psychiatrist.