ANNUAL REPORT OF NPM 2019
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recommendation in its recommendation letter sent on 16 December 2019 64. Such deficiencies were also
noted in the NPM report on the visit conducted to the DCM.65 This situation also conflicts with the principle
of confidentiality of medical services.
During the visit conducted to the HSP, the NPM noted that physical conditions in one of the parts of the
health unit were not good due to damages in the floor. In the floor where the dentist is located, services are
provided under difficult conditions, as there is dust and construction material all over. The halls are not
functional and are located in the same floor as the dental clinic. Through the report with recommendations
published on 22 November 2019, the NPM recommended competent authorities to avoid these deficiencies.
On 4 December 2019, the HSP informed the NPM that these deficiencies were avoided, in accordance with
the recommendation sent.
Medical examinations of newly arrived
European Committee for the Prevention of Torture in its report on the visit conducted to Kosovo in 2015,
has emphasized the essential importance of medical examinations, especially in cases of newly admitted
prisoners or detainees, not only for identifying infectious diseases and suicide prevention, but also through
the contribution that is given to the prevention of torture through the proper identification of injuries.66
Law on Execution of Penal Sanctions 67 and SOP 68 of PHCD, determine the obligation for the newly
admitted prisoner to undergo medical examination within 24 hours of admission. Such obligations are also
determined in international acts on the protection of prisoners' rights, such as: the Nelson Mandela Rules69,
European Prison Rules70. During the reporting period, the NPM noted that all newly admitted prisoners
were provided with medical examinations within 24 hours of their admission.
Medical confidentiality
Confidentiality of medical services is foreseen by the SOP, 71 approved by the Ministry of Health, with
LEPS72 and the Administrative Instruction on House Rules in Correctional Institutions, 73as well as relevant
international acts on the rights of prisoners.74
64
NPM Recommendation Letter on the visit conducted to the Pre Detention Center in Peja, published on 16 December 2019. For
more information see: https://www.oik-rks.org/en/2019/12/17/recommendation-letter-pre-detention-center-in-peje/.
65
Report with recommendations on the visit conducted to the Pre Detention Center in Mitrovica, published on 28 June 2019,
paragraph 18. For more information see: https://www.oik-rks.org/en/2019/07/04/report-with-recommendations-of-the-nationalpreventive-mechanism-against-torture-concerning-the-visit-to-the-pre-detention-centre-in-mitrovice/.
66
CPT, Report on visit conducted in Kosovo in 2015, published in 2016, paragraph 62. See: https://rm.coe.int/16806a1efc
67
Law no. 04/L-149 on Execution of Penal Sanctions, Article 31
68
Standard Operation Procedures, point 1. See: https://msh.rks-gov.net/wp-content/uploads/2013/11/1.-Praktikat-Standarde-teVeprimit-n%C3%AB-DShB.pdf.
69
The Nelson Mandela Rules, Rule 34. See: https://www.unodc.org/documents/justice-and-prison-reform/GARESOLUTION/E_ebook.pdf.
70
Council of Europe, Recommendation (2006) 2 of the Council of Minister for Member States on European Prison Rules, point
42.1. see at: https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016804c221d.
71
Standard Operation Procedures, point 11. See: https://msh.rks-gov.net/wp-content/uploads/2013/11/1.-Praktikat-Standarde-teVeprimit-n%C3%AB-DShB.pdf
72
Law on Execution of Penal Sanctions, Article 49.
30
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