KMDLNJ: The prison sentence of less than one year remaining

The KMDLNJ has apologised for the conviction of those who do not pose high risk and who have less than a year to prison, to have provisional release for all those who are policy users of benefits who would stay at home, while stay time at home would be calculated as atoning sentence, and replacing the sentence with alternative measures of punishment in cases of easier sentences.

According to KMDLNY, prisoners during the pandemic were violated by human rights.

Full Communication:

Since the outbreak of pandemic caused by COVIID19, one of the most marginalised groups that has been violated by human rights is the people deprived of freedom and convicts who are in the face of punishment. Currently, the Kosovo Correcting Service, to protect the health and life of prisoners and staff of this service, has been obliged to implement certain restrictive and austerity measures for the fact that it has had to comply with the recommendations of the IKSHPK08) Ministry respectively.

According to KMDLNA's assessment, the Kosovo Correcting Service has reacted quickly and has taken measures to protect the health of prisoners and staff, has successfully managed the situation in an unmanageable state of speech and deserves praise. Actually, the damage to the health and life of the prisoners because of COVID-19 has been minimal, while the correctional staff has been found in a more serious situation, losing life to a number of staff who worked hard.

KMDLNA, as an organisation that for more than 20 years monitored respect for the human rights of those deprived of freedom, has come up with concrete proposals that because of the circumstances created, Kosovo's responsible institutions must take quick action that would facilitate the state of persons deprived of freedom, as well as that the Kosovo Correcting Service has relied on actions that had taken even states with a much more developed democracy than Kosovo and with a long and successful tradition in the area of executing criminal sanctions.

KMDLNj, according to the proposal of attorney Artan Kerin, who is now a member of the Headship, has proposed the maximum depopulation of supporting and correcting institutions without risking the security situation outside: Because of the conviction of convicts left under one year in prison for all convicts convicted of acts that do not pose high risk, and their release would not affect the risk of general security.

- Temporary release for all those who are regular employees who will stay at home while stay at home would be counted as an atonement for punishment.

- Replacing the prison sentence with alternative measures of punishment in cases of easier sentences.

- Profession of the detention measure only in cases where there is no other option.

-Relenting or interrupting the punishment to be punished at an early age and of those with a theatre diagnosis.

-Involved in the release of a larger number of women convicts, minors convicted or child children with educational mass because KMDLNj has major remarks that against these categories they become unfair and that they are not treated according to their behavior.

- Condition worked work intensifying

-Exploitation of the president's constitutional right to pardon deprived persons due to extraordinary circumstances.

- The creation of a Ad Hoc Commission that would serve as a catalyst for accelerating the procedures for release of persons deprived of freedom, according to the high criteria mentioned.

Kosovo institutions, due to objective causes and subjects, have ignored these recommendations and have thus become violators of the human rights of those deprived of freedom, have made it difficult for the work of the Kosovo Correcting Service, which has been put under pressure from prisoners, families and organisations that monitor the human rights of persons deprived of freedom.

KMDLNj has estimated that in extraordinary situations as it was at the beginning of the pandemic, which is still today, extraordinary decisions have to be made and that this has not been the case. Thus, the courts have refused requests for release even to punish with the inevitable tertiary diagnosis, and for this reason we have had an increase in the number of convicts who died in prison in a short time due to incurable diseases.

KMDLNY has reacted several times as if even now it requires that all convicts who have been denied the right to exploit benefits because of indecision, in case we get back to normal, they have to be compensated without hesitation!

KMDLNj has earlier reacted to the criteria of the Freedom Panel with the conditions that make it more difficult for those who have fulfilled the conditions that enable them to realise that right.

To KMDLNY, the main, determining and deciding criteria should be bringing convicts during the suffering of punishment because that includes all that means a successful resocialisation. At the same time, for KMDLNė, human rights is a major problem of nature criteria and the burden of punishment to be the main criterion of The PLK, while this criterion is and should be the exclusive responsibility of the competent court that pronounces the sentence, to sentence the form. Continued treatment of this criterion as determining The PLK, for KMDLN, also presents an additional sentence for convicts by competent courts and demotives for the convict. The past criminal and recivilism can be seen as a serious circumstance during the proclamation of court sentence, but that in no way can it be considered an obstacle during the panel's request for freedom with Kusht, if convicted proves that he has distanced himself from the past through good conduct. Therefore, genuine repentance in written form and attitude toward the victim is an abstract criterion that cannot be measured by anything. Only good behavior can convince that the convict has accepted the program of resocialization.

To KMDLNA, the composition of the PLK presents a problem with the lack of professional profiles that have the competence to decide whether the convict has met conditions for parole. And, finally, around The PLK, for KMDLNA, is totally unacceptable and unprofessional in its refusal to be released on condition where stereotypes and general recommunications are repeated: “the convict has not passed the resolution program...”, without providing any concrete reason for what hasn't yet passed the recommunication programme, although the pre-reposor of parole demand, over the years he exploits all redifications and has not committed any disciplinary violations.

Forgiveness from the president is the most sensitive and inadequacy point yet. Although, the president/ja, according to the Kosovo Constitution, has the right to pardon convicts on the basis of the Ad Hoc Commission's recommendation, but that there is no obligation to observe this recommendation, so far it turns out that this forgiveness is far from pending convicts and in large proportion to demands. If out of 500 or 600 apologies are committed by 4-5 pardons, KMDLN considers that more ridicule than forgiveness. This way of forgiveness causes many problems precisely to the Kosovo Correcting Service that prepares the requests and files for 500 or 600 convicts while the pardons are symbolic. The Law has established which works cannot be included in the president's forgiveness, so for KMDLNey is unacceptable the pressure then imposed on any forgiveness that is not included among the forbidden acts of forgiveness.

The Law on Amnesty: KMDLNj thinks it should start as soon as possible drafting a Law for Amnesty taking into account the good practices of the countries of the region and others. This missing Law has been and continues to be the source of the discontent of persons deprived of freedom in Kosovo and manifested in prison strikes and other objections, as well as concerns for human rights organisations.

KMDLNA encourages the Ministry of Justice that under promised reforms, special attention costs improved conditions for persons deprived of freedom and administrative staff, especially in the field of executions of criminal sanctions, respectively the more efficient implementation of legal mechanisms regulating the benefits of convicts who have good conduct, such as increased weekend holidays at home, for those who work regularly, exploitation of annual layoffs in accordance with the Labour Law, release from the PLK by eliminating the bureaucratic barriers, the Amnist Act on the alternative prison penalty after the punishment measure of suffering of the lower prison, as well as the possibility of the year's sentence not estimated by 12 months. These measures would evidently help successfully realise the resocialisation programme, motivate convicts for good behaviour because the state is offering concrete offers for those who behave well, save Kosovo's budget, and greatly help the work of the Kosovo Correcting Service.