ANNUAL REPORT OF NPM 2019
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regime through which, besides walking in a fresh air twice per day for a period of one hour, other daily
activities would also be enabled. The NPM has noted that their engagement in work is very rare and this is
because their engagement is subject to obtaining permission by the competent court.
However, the NPM has noted that Article 199 paragraph 2 of the Criminal Procedure Code stipulates that
“Detainees on remand may perform work that is necessary to maintain order and cleanliness in their area.
To the extent that the institution has the facilities and on condition that it is not harmful to the conduct of
criminal proceedings, detainees on remand shall be allowed to work in activities which suit their mental
and physical abilities. The pre-trial judge, single trial judge or presiding trial judge shall decide on this in
agreement with the management of the detention facility.”
While Article 200 of paragraph 1 of the LEPS, related to the engagement in work of the detained persons
stipulates as follows: “A detainee may work in the workshop, workshops of the economic units within the
respective correctional institution only with the approval of the competent court.”
In its report on the visit to the Republic of Kosovo in 2015, which was published in 2016, the CPT,
regarding the regime for the detainees, expressed its concern that despite the efforts of authorities, the
detainees, besides two hours of walking per day, spend most of their time in their cells watching TV and
playing cards.46
Through this report, the CPT provided the following recommendation to the competent authorities of the
Republic of Kosovo: “The CPT reiterates its recommendation that the authorities strive to enhance the out
of-cell activities available to remand prisoners in all the establishments visited and, where appropriate, in
other KCS establishments.” Further, the CPT stated that: “the longer the period for which remand prisoners
are detained, the more developed should be the regime offered to them. To this end, steps should also be
taken to ensure that staffing levels are, where required, increased accordingly.”
NPM considers that based on the applicable legislation and CPT's recommendations, the competent
authorities should make efforts to increase the number of activities outside the cell for the detainees in other
detention centres, as far as possible.
Contact with the outside world
Applicable legislation 47, in the case of convicted persons, stipulates that convicted prisoners have unlimited
right of correspondence (subject to certain exceptions), are entitled to a visit per month, which lasts for at
least one hour, as well as a visit from children and their spouses at least once every three (3) months, for
minimum of three (3) hours. In addition, they have the right to place telephone calls.
Regarding phone calls, the Administrative Instruction on House Rules in Correctional Institutions 48
stipulates that the convicted person is entitled to place phone calls to close family members and other
rks.org/en/2019/08/06/report-with-recommendations-of-national-preventive-mechanism-against-torture-concerning-the-visitconducted-to-the-pre-detention-centre-in-prizren/.
46
The CPT's report on the visit to Kosovo, published in September 2016, paragraph 46. For more information, see at:
https://rm.coe.int/16806a1efc.
47
Law on Execution of Penal Sanctions, Articles 62-65.
48
Administrative Instruction on House Rules in Correctional Institutions, Article 54.
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