Besides the initial meeting with the management authorities of the IECD of Peqin on the
above situation, the inspection group has held a long and face-to-face meeting with the inmates
who had refused food, obtaining from them a series of data and testimonies about the problems
they encountered in penitentiary services.
In addition to the foregoing, the inspection group has checked and identified on-site,
through penitentiary staff, all claims set forth by complaints of citizens Kastriot Frashëri and
Lavdrim Muço, and 10 other inmates at the Penitentiary Institution of Peqin, filed with the
People’s Advocate Institution on 08.07.2015. They claimed they were on hunger strike due to
degrading conditions and absence of the collective security within the observation premises and
non-observance of the hunger strike, claimed by a written petition from the convicts and
addressed to the prison administration authorities.
While examining the complaints, the Sub-commissioners held minutes of interviews with
the complainants Kastriot Frashëri and Lavdrim Muço, and other members of hunger strike,
being introduced to the conditions of addressing their requirements by the administration
authorities of Peqin IECD. The Sub-commissioners also administered minutes on questioning of
medical personnel, psycho-social and security personnel in respect of which a reasonable doubt
has arisen that by their actions and omissions they might have prejudiced the rights of
complainants.
By the end of investigative procedures and operations based on interviews, testimonies
and consulting the relevant records, it was proven that the twelve complaining inmates housed in
the room number 4 within the observation premises at Peqin IECD, were violated and are still
violated the right to peaceful protest for exercising hunger strike, without adoption of their
legitimate claim, as a result the non-observation under legal and medical protocols, of the right to
exert hunger strike.
The direct responsible persons for this violation of the right of inmates were identified the
citizens Edlir Kazazi with duty of internal regime specialist, Ordinary Security, Building A and
Mr. Besnik Kaptelli, with the duty of chief of security at Peqin IECD. These two citizens had
administered the written petition of the prisoners Lavdrim Muço and Kastriot Frashëri, and also
of other convicts regarding the approval and creation of proper conditions to exercise hunger
strike. However, they had not filed it with the administration authorities of the institution under
legal procedures 8 for the administration of petitions-complaints and registration of the claim
with the relevant register and notification of the head of Institution. This omission of the above
persons has caused suffering, degrading treatment and physical difficulties for the persons on
hunger strike, thus causing them health problems due to lack of information and therefore, the
omission/inaction of health and psycho-social sector, who had to be informed and immediately
put into motion when the hunger strike is approved and formalized by the Institution. However,
we deem that even in cases when these services are not officially notified, they should take on
their responsibilities and be available and in daily contact with the convicts within the regime,
8
Pursuant to article 8 of the Law no.8283,dated 16.04.1998”On rights and treatment of sentenced persons and
pre-trial detainees”. The pre-trial detainees and imprisoned persons are entitled to submit applications and file
complaints in relation to law enforcement and internal regulations in the form defined in this law and individually”.
Further, article 25 of the General Regulation of Prisons provides for: “The requirements and complaints shall be
filed in accordance with the provisions of law on rights and treatment of convicts. Each institution keeps and
updates the register of applications or complaints of the convicts and pre-trial detainees, in written and electronic
form.”
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