ANNUAL REPORT OF NPM 2019 _______________________________________________________________________________________ During the visit conducted to the DCP, NPM observed a disturbing practice involving blood taking samples, which were placed in test tubes and then sent to the laboratory of the Family Medicine Centre by the nurse or correctional officer. Regarding this practice, NPM, ad hoc recommended the termination of such practice, which is not in compliance with medical rules and violates the confidentiality of medical services. Through the report with recommendations 75 , the NPM notified the PHCD of the issue and recommended the termination of such practices. The PHCD has informed the NPM that this recommendation was implemented by introducing the laboratory manual whereas in cases when samples as transferred outside DCP, this shall not be done by the correctional officer but rather by the nurses. The NPM, based on interviews with prisoners and medical staff finds that in general these health services are provided under conditions that respect confidentiality, i.e. are provided without the presence of correctional officers, unless the medical staff expressly requests such a thing in certain cases. Only the medical personnel have access to the prisoner's medical file. Staff of correctional and detention centres The NPM, through reports with recommendations for the visits to correctional and detention centres, has recommended competent authorities, to engage additional correctional staff and social workers, where deemed necessary. 76 Correctional personnel were recruited at the Detention Centre Gjilan, whereby the number of staff increased by 51 officials. In CCD, there was no increase in correctional staff and social workers, although this was deemed necessary and recommended by the NPM. Complaints procedure at the correctional and detention centres An effective complains filing system is a fundamental guarantee against ill-treatment in prisons and detention centres. Persons accommodated in these centres should have the opportunity to file a complaint within the prison or detention centre where they are accommodated and be provided with access to the appropriate authority confidentially. Article 91 of the LEPS details the procedure according to which the detained and convicted persons shall be entitled to address a complaint or petition to the director of a certain KCS institution. During the reporting period, the NPM did not receive credible complaints from prisoners with regard to KCS competent body’s failure to respond to complaints and claims. In addition to the NPM, prisoners may also file complaints with non-governmental organizations that visit places of deprived under an agreement they have with the relevant ministry. 73 Administrative Instruction on House Rules in Correctional Institutions, Article 25, paragraph 3. The Nelson Mandela Rules, European Prison Rules, CPT Standards, and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty 75 Report with recommendations on the visit conducted to the Detention Center in Prizren, published on 5 August 2019, paragraph 30. For more information see: https://www.oik-rks.org/en/2019/08/06/report-with-recommendations-of-national-preventivemechanism-against-torture-concerning-the-visit-conducted-to-the-pre-detention-centre-in-prizren/. 76 Report with recommendations for a visit to Dubrava Correctional Center, published on June 28, 2019. For more information see: https://www.oik-rks.org/en/2019/07/04/report-with-recommendations-of-the-national-preventive-mechanism-against-tortureon-the-visit-to-dubrava-correctional-centre/. 74 31

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