KMLDNj requires release of prisoners meeting conditions

After the outbreak of the COVID -19 pandemic in Kosovo, KMDLNj, has immediately called for additional measures to maintain the health of persons deprived of corrective freedom and staff, administrative and health of prisons, as well as the drafting of a priority list.

This is the complete communique:

It is a misconception that those deprived of freedom, prisoners, and convicts, with their deprivation from freedom, are also deprived of human rights.

Indeed, they are deprived of certain rights (with the decision of firm court form) but not even of basic rights such as they are; the right to life, the right to dignified treatment that excludes inhuman treatment, the right to health protection, the right to work and schooling (in the environment temporarily), the right to family creation and family preservation, the right to local and general elections, and others. Condemned by a firm-shaped decision, they have the right to seek forgiveness from the president, parole when they meet the pre-trial conditions with the Law, and temporary suspension of the sentence. The Law of Labour applies to the convicts, except here the height of compensation for their work.

Until a year ago, the convicts have benefited slightly from the Treaty for Freedom (now better). While forgiveness from the president has been symbolic and ridiculed by convicts' demands, as well as extreme disregard for the good work of the Kosovo Correcting Service.

KMDLNj, a whole time, has demanded that the Kosovo Assembly adopt the Law on Amnesty, which has been the electoral promise of some justice ministers. And this Law has never been adopted and has caused revolt and disobedience until the strike of the hunger of those deprived of freedom, has greatly exacerbated the work of the Kosovo Correcting Service, as well as the work of monitoring organisations which, in addition to protecting the rights of those deprived of freedom, has proved to be a protection even of corrective staff by mediating in overcoming situations that could easily be introduced by causing victims and unpredictable consequences.

After the outbreak of the COVID -19 pandemic in Kosovo, KMDLNj, has immediately called for additional measures to safeguard the health of persons deprived of the corrective freedom and staff, administrative and health of prisons, as well as the drafting of a priority list (on the basis of risk rate, the remaining share of punishment, age, gender, state of health and the nature of the work) of those doomed to be released, who would have temporary sentences (as long as the pandemic) and who would be replaced by alternative measures of punishment. For that, he has been in constant contact with the USKK director, the Director of the Health Service of Prisons, the directors of the institutions where convicts are held, with Justice Minister Mrs. Albulen Haxhiu and the Office of the President of Kosovo.

Given that there is no legal basis that gives justice to Justice Minister Albulen Haxhiu and the director of the USKK to take any concrete action to free deprived persons of freedom and receive daily requests (through telephone) from persons deprived of their freedom of freedom, even considering the actions of neighbouring states and Europeans who have released a number considered prisoners by pardoning the rest of the sentence or cutting the punishment, KMDLNj, but other monitoring organisations, respectively, The WRC in the first place have demanded that Minister Haxhiu be addressed with an urgent request to the Parliamentary Commission for Legislation so that an opportunity for quick action can be created in this state of emergency.

To KMDLNY is a surprise and nosens that the Commission for Legislation has not examined the demand that is very reasonable and necessary, but has not agreed to meet with Minister Haxhiu, denying the legality of his post. For KMDLNj it is totally unacceptable to politicise any requests that are made and especially to make the political game that is taking place at the expense of the rights of persons deprived of freedom meaningless. The request for partial release of those deprived of freedom is KMDLNj's explanation request, which is based on the circumstances created.

In the concrete case, Minister Haxhiu has not made any decision (in lack of legal basis), but has been a conveyor of the demands of persons deprived of freedom, KMDLNj, KRCT, of families of persons deprived of freedom and other organisations. It is clear that neither this minister of justice, as if those before her have any right to forgive, nor to interfere with the drafting of lists of those who will be pardoned to let the politicisation of beneficiaries be ignored.

In Kosovo currently there are 1800-2000 people deprived of freedom (in keeping, detention or suffering punishment). Of them 55 are old-agers, 35 are with terciar diagnosis or chronically serious diseases, approximately 50 are Ur and educationalally, as if approximately 50 are women deprived of freedom.

KMDLNY's proposal has been to free all those who have been serving less than 5 months, the elderly and the sick, a number of convicted women and minors, and all those who are weekend users at home, if they fail to meet the conditions for immediate release, then to be released home as long as the pandemic lasts and then return to the suffering of punishment. These would be only worth condemning for the court's firm judgment. For cases in detention that cannot influence the continuation of investigations or have a low risk rate, the detention measure must be replaced by another alternative measure.

The current law in Kosovo explicitly says which works cannot be included in forgiveness, and this should be implemented during forgiveness.

KMDLNj is in contact with the Office of the President of Kosovo, Mr. Hashim Thaci, such as the address which, based on the legal and constitutional responsibilities he has, can act quickly and fairly in line with the current situation, which is not deemed ordinary, so extraordinary decisions must be made. In the current situation, absent legal basis, the president of Kosovo, Mr. Hashim Thaci holds the possibility of freeing convicts who meet the terms. KMDLNI insists President Thaci put the state's mercy towards the deprived of freedom!