ANNUAL REPORT OF NPM 2019 _______________________________________________________________________________________ persons. During the visits in correctional and detention centres, NPM has not received complaints by the detained and convicted persons with regard to this right. In the case of detainees, Article 200 of the Criminal Procedure Code of Kosovo stipulates that the detainees may receive visits “within the limits of the detention centre rules,” based on the permission of the pre-trial judge and upon his/her supervision. Further, the Code stipulates that the correspondence and other visits shall be subject to the decision of the pre-trial judge. The Ombudsperson or his/her representative may visit detainees and may correspond with them without prior notice and without the supervision of the pre-trial judge, single trial judge or presiding trial judge or other persons appointed by such judge. Letters from the detainees submitted to the Ombudsperson Institution may not be controlled. The Ombudsperson and his/her representative may communicate confidentially with the detainees orally and in writing. In the case of a foreign national, he/she shall be provided with the opportunity to contact a diplomatic representation or relevant office of his/her State of nationality in writing or by telephone. 49 During the reporting period, NPM did not receive complaints from the convicted and detained persons regarding the right to contact with the outside world. In addition to this, the NPM has noted that the communication tool “SKYPE” through which the prisoners can communicate with their families has started to be applied in CCS and ECCL. Visiting facilities The facilities where prisoners receive visits, in general, are in a satisfactory condition. However, the visiting rooms for the convicted persons provide the possibility of direct contact between the convicted person and visitors. While in the case of detainees, the situation is different as there are barriers between the detainee and visitor that prevent direct contact. In this regard, NPM has noted that CPT, in its report on the visit to Ukraine50, addressed the issue of closed visits, whereby the prisoner and the visitor are physically separated by Plexiglas. On this occasion, the CPT recommended Ukrainian authorities to amend the relevant regulations in order for all prisoners, including the detained persons, to be able to receive visits at a reasonable time and with no barriers, while the utilization of closed facilities for visits should be more of an exception than a rule. Further, the CPT emphasized that the closed-type visits must always be well-grounded and well-justified, and must be based on the individual assessment of the potential risk posed by a particular prisoner. The NPM, through the report with recommendations, encouraged the competent authorities to, in the spirit of 49 Law on Execution of Penal Sanctions, Article 33 paragraph 1. CPT, Report with recommendations on the visit to Ukraine in December 2017, published on 6 September 2018, paragraph 102. For more information, see at: https://rm.coe.int/16808d2c2a. 50 24