ANNUAL REPORT OF NPM 2019
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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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