ANNUAL REPORT OF NPM 2019 _______________________________________________________________________________________ III. Correctional and detention centres During the reporting period, the NPM conducted general, Ad Hoc and follow-up visits to all correctional and detention centres, as well as to the HSP (high security prison). The purpose of these visits was to assess the progress of the competent authorities in implementing the NPM recommendations sent through earlier reports with recommendations, as well as respect of rights of prisoners guaranteed by the Constitution of the Republic of Kosovo, Law No. 04/L-149 on Execution of Penal Sanctions (hereinafter LEPS) and the Law No. 05/L- 129 on Amending and Supplementing the Law No. 04/L-149 on the Execution of Penal Sanctions, as well as international standards on the rights of prisoners. During this period, NPM sent 54 recommendations to the Ministry of Justice regarding the visits to correctional and detention centres. So far, competent authorities implemented 12 recommendations and partially implemented 4 recommendations. During the reporting period, no NPM’s recommendation was rejected by the competent authorities. Physical ill-treatment During the visits to correctional and detention centres, in 2019, NPM did not receive credible complaints from prisoners on physical ill-treatment or excessive use of physical force by correctional officers. On the contrary, most of the prisoners expressed that they receive a very good treatment. Furthermore, NPM has observed a positive interactive communication between the prisoners and correctional officers. Inter-prisoner violence During the reporting period, generally speaking, no serious incidents between the prisoners have been observed. During the visits, NPM noted that any such incidents were recorded in the relevant forms, as well as in adequate protocols of the healthcare units. However, on 21 November 2019, Prison Healthcare Department (hereinafter PHD), notified NPM that in the hospital of the CCD, a prisoner asked for medical treatment since, according to him, he was beaten several times by some prisoners. The medical staff, during the examination of the prisoner, noticed bodily injuries which were then recorded in medical protocols in compliance with the Standard Operating Procedure23 (hereinafter, SOP) and notified of this situation the CCD Directorate. On 25 November 2019, NPM required from the CCD Directorate to inform them on actions undertaken related to this case. On the same day, the CCD Directorate informed the NPM that the mentioned prisoner was taken immediately to the prison hospital where the medical treatment is on-going and the Kosovo Police was informed, which then attended the scene and initiated the investigation. NPM, while highly appreciating the actions undertaken by medical staff of PHD and CCD Directorate, reminds, through this report, the authorities of their obligation to prevent violence among prisoners they are responsible for. This responsibility includes the obligation to take care of and adopt preventive measures to reduce the risk of violence as well as to protect the most vulnerable prisoners. Overall, the NPM, during its visits in 2019, 23 Standard Operating Procedure of PHD. For more information, see: https://msh.rks-gov.net/wp-content/uploads/2013/11/1.Praktikat-Standarde-te-Veprimit-n%C3%AB-DShB.pdf 15

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