ANNUAL REPORT OF NPM 2019
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this recommendation, consider opportunities for such visits to take place in more open conditions and based
on the individual risk assessment of specific prisoners.51
The issue of translation into official languages at the Detention Centre in Mitorvica
During the visit to DCM, the NPM acknowledged the concerns of social workers regarding the official
documentation which shall be submitted to persons deprived of their liberty, who are of two ethnic
backgrounds, and which is accepted only in one language and is not translated into official languages due to
the lack of a professional translator.
In the report with recommendations on the visit to the Detention Centre in Mitrovica, the NPM emphasized:
“NPM considers that the competent authorities must take into account the legal obligation for these services
to be provided in the official languages of the country, as defined in the Constitution and relevant
legislation that govern this issue.” The NPM, through this report, recommends the competent authorities to
ensure the professional translation into the official languages of the Republic of Kosovo.
On 4 December 2019, the DCM informed the NPM that the issue of translation into official languages of the
Republic of Kosovo is regulated by using the services of the CCS's official translator.
Secondary legislation on fighting corruption provided for by LEPS
Concerning recommendations of NPM related to adoption of secondary legislation for elimination of
corruption as foreseen by Article 5, paragraph 3, of the LEPS, NPM ascertains that the situation remains
unchanged and that responsible authorities fail to meet this liability. 52 However, during the reporting period,
the KCS, in order to fight corruption in the correctional and detention centres, has transferred the
correctional officers to work in other correctional and detention centres.
NPM recommendations regarding the LEPS53
In previous reports, the NPM has expressed concerns that the applicable legislation54 provides that, before
the prisoner is placed in solitary confinement, the director of the correctional institution shall request in
writing the opinion of the physician, who confirms that the convicted is in a good physical and mental
health condition to be subject to the disciplinary measure of solitary confinement.
In this regard, the NPM, during the visits to the correctional centres and detention centres, has noted that the
PHD personnel refuses to implement this legal provision and acts in line with the SOPs55 approved by the
51
NPM, Report with recommendations on the visit to the Detention Centre in Prishtina, published on 22 November 2019,
paragraphs 45-47. See at: https://www.oik-rks.org/en/2019/11/25/report-with-recommendations-pre-detention-centre-inprishtina/.
52
Report with recommendations on the visit to Dubrava Correctional Centre, paragraph 9, published on 28 June 2019.
53
NPM, Report with recommendations on the visit to CCD, published on 28 June 2019. See at: https://www.oikrks.org/en/2019/07/04/report-with-recommendations-of-the-national-preventive-mechanism-against-torture-on-the-visit-todubrava-correctional-centre/.
54
Article 107 of Law on the Execution of Penal Sanctions, and Article 76 Administrative Instruction on House Rules in
Correctional Institutions.
55
Standard Operational Procedure of DSHB, approved by the Ministry of Health. See at: https://msh.rks-gov.net/wpcontent/uploads/2013/11/1.-Praktikat-Standarde-te-Veprimit-n%C3%AB-DShB.pdf
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