ANNUAL REPORT OF NPM 2019 _______________________________________________________________________________________ V. Detention Centre for Foreigners During the reporting period, the NPM has conducted 3 visits to the DCF, has published a report with recommendations on the visit to this centre and has issued 6 recommendations to competent authorities.80 In terms of international human rights standards, detention on remand of a foreigner (detaining a foreigner) should be a last resort measure taken by the authorities of a state to remove a foreigner, who is subject to forced removal, from their territory. During 2019, 11 foreigners were accommodated at the DCF and stayed there for a short period of time until their deportation from the territory of the Republic of Kosovo after the Ministry of Internal Affairs and the International Organization for Migration (IOM) signed a Memorandum of Understanding on Assisted Voluntary Return and Reintegration. 81 In general, the NPM notes that competent authorities are more frequently applying alternative measures in relation to the measure of detention. The NPM also notes that Law No. 04/L-219 on Foreigners of the Republic of Kosovo82 provides that other alternative measures prevail over sending a foreigner to detention. Even the CPT, in the standards set in 201783, specifies that detention of a foreigner under the law on foreigners should be a last resort and that other alternative measures should be given priority. Treatment and accommodation conditions at the DCF The NPM has not received any complaints from the foreigners about physical ill-treatment or the behaviour of centre’s officials, including therein the security staff, which would be in violation of human dignity. The NPL has also noted that all of the rooms where foreigners are accommodated at the DCF provide dignified accommodation, sufficient natural and artificial lightning, and showers are in good conditions. The NPM considers that accommodation conditions at the DCF are at a very good level. Notification on rights and obligations Foreigners in DCF are informed about their rights and obligations through brochures written in the most popular languages such as Arabic, English, French, Italian, Turkish, etc. The NPM has noted that these brochures provide foreigners at the MDC with information on agencies, NGOs and institutions they may contact about their rights. The NPM regretfully notes that these brochures contain no information about the Ombudsperson Institution as a national institution for protection of fundamental human rights in the Republic of Kosovo, who receives complaints of violations of fundamental human rights by natural and legal persons. Also, there is no word on the NPM as a national mechanism for prevention of torture which regularly visits all places where persons deprived of their liberty are held. 80 Report with recommendations for a visit to the Detention Centre for Foreigners, published April 23, 2019 For more information see: https://www.oik-rks.org/en/2019/05/03/report-with-recomandation-related-to-the-visit-to-the-detention-centre-for-foreignersin-vranidoll/. 81 For more information see: https://kosovo.iom.int/news/iom-kosovo-and-ministry-internal-affairs-sign-mou-avrr 82 Law no. 04 / L-219 On Foreigners, Article 97, paragraph 2. 83 CPT, Standards published in march 2017 on the detention of foreigners. For more details see: https://rm.coe.int/16806fbf12. 34

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