ANNUAL REPORT OF NPM 2019 _______________________________________________________________________________________ informed the NPM that it had investigated the case and, since it did not find any elements of a criminal offense, it referred the matter to the Professional Standards Directorate for further investigation of possible disciplinary violations. During the reporting period, electronic media in the Republic of Kosovo published a video showing footage of an arrested citizen who was physically abused and treated in a humiliating and degrading manner by police officers at the Gjakova police station. In the present case, on 19 November 2018, the representative of the Ombudsperson visited the Detention Centre in Peja and received a complaint from a citizen seen in the published video. Since bodily injuries were noticed in the complainant, after analyzing the medical documentation and the complainant's statement, the NPM, on 30 November 2018, through an official note, requested from the PIK to investigate this matter in accordance with its mandate. On 19 December 2018, the PIK notified the NPM that it had commenced a preliminary investigation into the complainant's allegations. On 10 November 2019, the PIK notified the NPM as follows: “In accordance with PIK law, as part of the investigative procedure, the Police Inspectorate of Kosovo recommended to the Kosovo Police the suspension of six police officers of the Gjakova Police Station (one major, one captain, one sergeant and three police officers) until the conclusion of this criminal investigation. These video recordings (some of which have already been published in the media) were analysed by PIK investigators and, in consultation with the competent prosecutor, after undertaking many investigative actions, on 9 September 2019 PIK filed a criminal report with the competent prosecution office regarding this case, on the suspicion that police officers committed the criminal offense of "Mistreatment during exercise of official duty or public authorization" some of them in co-perpetration, and one of them committing the criminal offense of "Abuse of official duty or public authority" . Further, PIK informed the NPM that: “In accordance with PIK law, following the filing of a criminal report, PIK has assessed that they do not impede the investigative procedure and has recommended the Kosovo Police to terminate the suspension measure for these six police officers (one major, one captain, on sergeant and three police officers)”. The NPM highly appreciates the commitment of the PIK to fulfil its legal mandate, not only in this case but also in other cases recommended by the NPM for further investigation. However, the NPM considers that PIK's recommendation to return the officials concerned back to work is not an appropriate action and, if these officials continue performing their duties without having the procedures initiated with the competent authorities completed, the image of the Kosovo Police would be damaged this would create a negative impression on citizens. NPM notes that the CPT, in its report on the visit to Serbia in 201511, in paragraph 38 regarding police officers under criminal investigation12, among others, highlights: “In the CPT’s view at a minimum, officers under criminal investigation for an act of alleged ill-treatment should, while the case is on-going, be assigned to duties which do not involve direct contact with the public or detained persons”. 11 12 For more information, see: https://rm.coe.int/1680697c94 According to the CPT report, the official who was under criminal investigation for physical ill-treatment was still in service. 10