ANNUAL REPORT OF NPM 2019 _______________________________________________________________________________________ During the reporting period, the Ombudsperson Institution (OI) has opened 2 Ex Officio13 cases and opened 15 cases for further investigation based on complaints received from citizens of the Republic of Kosovo against the Kosovo Police, based on suspicion that police officers exercised physical ill-treatment, excessive use of physical force, or exceeded legal authorization during the arrest. After preliminary analysis, in 4 cases, the PIK was recommended to conduct further investigations into the allegations of citizens and to inform the OIK of the outcome of the investigations. In general, the NPM, based on this year's visits and earlier visits, the review of complaints received, as well as ex officio investigations, assesses that there is no systematic or widespread physical ill-treatment by the Kosovo Police, but these are isolated cases. Safeguards against ill-treatment European Committee for the Prevention of Torture (hereinafter referred to as the CPT), in its 2nd General Report, published in 1992, emphasized the importance of the three fundamental rights of persons detained by the police, which are: the right of the person concerned to have the fact of his detention notified to a third party of his choice (family member, friend, consulate), the right of access to a lawyer, and the right to request a medical examination by a doctor of his choice (in addition to any medical examination carried out by a doctor called by the police authorities).14 They are, in the CPT's opinion, three fundamental safeguards against the ill-treatment of detained persons which should apply as from the very outset of deprivation of liberty, regardless of how it may be described under the legal system of a country. The CPT further states that these rights should apply not only in the case of detained persons but also in other cases where citizens are obliged to stay in the police or with the police for other reasons (for example, for identification purposes). The fundamental rights of persons arrested and detained by police authorities are also provided by the Constitution of the Republic of Kosovo, the Criminal Procedure Code and the Law on Police.15 Local legislation on these rights remains unchanged. Article 13 of the Criminal Procedure Code stipulates: “Any person deprived of liberty shall be informed promptly in a language which he or she understands of the right to legal assistance of his or her own choice and the right to notify or to have notified a family member or another appropriate person of his or her choice about the arrest, and that these rights apply throughout the period of deprivation of liberty.”16 13 Ex Officio 784/2019, OI v. Kosovo Police. Ex Officio 773/2019 OI v. Kosovo Police. Regarding the case Ex Officio 773/2019, on 12 December 2019, PIK informed the Ombudsman that after preliminary investigations the case was referred to the Professional Standards Directorate for further investigation for disciplinary violations. Whereas, in case 784/2019, PIK, after preliminary investigations recommended to the Kosovo Police the suspension of the officials involved. This recommendation was implemented on 9 October 2019. On 8 November 2019, the PIK filed a criminal charge against the officials in question with the Basic Prosecution in Ferizaj. 14 See: https://rm.coe.int/16806cea2f/ 15 Constitution of the Republic of Kosovo, Articles 29 and 30. Criminal Code of the Republic of Kosovo, Article 13. Law No. 04/L-076 on Kosovo Police. 16 See also Articles 29 and 30 of the Constitution. 11