ANNUAL REPORT OF NPM 2019 _______________________________________________________________________________________ II. Kosovo Police Physical ill-treatment During the visits to places of deprivation of liberty, the NPM received no complaints from arrested or detained persons at the time of the visit for physical ill-treatment or failure to respect the fundamental rights guaranteed to persons deprived of their liberty by the Constitution of the Republic of Kosovo, Law No. 04/L-076 on Police, Criminal Procedure Code and international standards for the protection of fundamental rights of persons deprived of their liberty. During its visits to the correctional and detention centres, while interviewing the prisoners, NPM was interested in their treatment by the Kosovo Police and the respect of their fundamental rights from the moment of arrest. The vast majority of interviewees stated that they were treated correctly by Kosovo Police and that their basic rights were respected, except in some cases. During its visits to the correctional and detention centres, the NPM received allegations by some detainees that they were physically abused by the Kosovo Police during their arrest and detention. Most of the allegations refer to the moment when they were arrested by the police and the period of being questioned by police investigators. In such cases, the NPM has analysed relevant health documentation compiled on the occasion of the admission of prisoners to detention centres and correctional centres. In some cases, the NPM observed that bodily injuries were recorded in their medical records. Moreover, during the visit to DCC, the NPM received allegations from prisoner E. Xh 9, who alleged that he was physically abused by Kosovo Police officers at the time of his arrest and while he was taken to the police station where he was interviewed. The NPM observed signs of bodily injuries to the prisoner (eye hematoma, traces of punches on different parts of the back), which were recorded through a photo camera. After examining the data collected, including the analysis of the prisoner's medical record, the NPM referred the matter in question to the Police Inspectorate of Kosovo (hereinafter, PIK) for further investigation. On 11 November 2019, PIK informed the NPM that the matter was investigated by the relevant PIK department and, since no criminal offense elements were found, it was sent for further processing to the Kosovo Police Professional Standards Directorate to investigate whether in this case there were disciplinary violations by police officers. The NPM will continue to monitor this case until the final decision of the competent authorities. Also, during the visit to the DCC, the NPM received the allegation from the prisoner F.S. 10 for being physically abused by police officers at the time of his arrest. After analysing the allegations of the prisoner concerned and analysing the health documentation, the NPM recommended it to the PIK for further investigation based on the mandate of the PIK. On 27 November 2019, following the NPM request, PIK 9 Case registered at the Ombudsperson Institution A.no. 169/2019, after an investigation by PIK, was forwarded to the Kosovo Police Professional Standards Directorate for further investigation.. 10 Case registered with the Ombudsperson Institution A.nr. 388/2019, which, after an investigation by PIK, was referred to the Kosovo Police Professional Standards Directorate for further investigation into possible disciplinary violations. 9

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