Laws in effect prevent temporary suspension of Kosovo prisoners

Fear of the spread of Coronavirus in prisons has forced authorities in various countries of the world to release a number of prisoners, though in some cases, with various restrictions.

Kosovo authorities are no exception, at least in relation to action plans, if cases of COVID-19 are presented in correctional and detention centres.

Acting Minister of Justice in the Government of Kosovo Albulen Haxhiu told Radio Free Europe that it is personally in favour of a possible decision for prisoners to be temporarily released from prisons. However, she says that such a decision belongs to the courts.

Since the outbreak of the pandemic, Mrs. Haxhiu said the ministry it heads has asked the courts to temporarily suspend the sentences for persons who have been found guilty, and for whom the penalty measure has not yet been pronounced.

Similar demands, she says, have been made for people who suffer from chronic illness and who are in prison.

I think the courts should have, as it were, sensitivity in this direction, because no one is talking about their release from punishment, but temporary suspension. And these people, after this sensitive period, should be forced back to the correctional centers”, she said.

Over 1,700 detainees and convicts are in Kosovo prisons.

Kosovo Judiciary Council chairman (KGJK) Skender Chocaj told Radio Free Europe that the Council and courts must act, respecting the laws.

Yeah, what if laws don't predict situations like this?

Where we estimate there is legal grounds, I believe they will be released, but the Judiciary Council and courts have no right to make a certain decision and release a measure of people from jail or prison. We are not right and the law does not allow us to act differently”, Chocaj said.

Ehat Miftaraj, director of the Kosovo Institute for Justice, tells Radio Free Europe, that the Ministry of Justice, in co-operation with the Judiciary Council and courts, must make decisions, in relation to new circumstances that may result from pandemic in Kosovo prisons.

“If we will have a spread of this pandemic and the lives and health of the persons found in Kosovo prisons, then the Ministry of Justice and the Correcting Service, in co-operation with the heads of the Founding Courts must make a plan and make decisions that can prevent the violation of the health of prisoners”, Miftaraj said.

Miftaraj says that in the event there are decisions for the provisional release of persons imprisoned because of COvid-19, there should be cases for those who have not committed serious crimes.

I'm talking about those who have committed criminal acts that are probably easier and that their release does not endanger the lives of others in freedom”, Miftaraj said.

Kosovo Correcting Service already has an operational plan “Corona-Virus”, under which it is said to carry out a series of measures aimed at preventing pandemics.

Kosovo Corresponding Service authorities have indicated that, until now, in all prisons, there are no cases consistent with COVID-19 of prisoners.

Their testing has been carried out by the National Public Health Institute.

So far in Kosovo, 125 affected persons have been reported and a dead man with Corleone.

Authorities in Kosovo have declared a state of emergency for public health, with the aim of preventing the spread of this disease.