ANNUAL REPORT OF NPM 2019
_______________________________________________________________________________________
Regarding notification of the arrest, Article 168 of the Criminal Procedure Code further foresees that the
arrested person has the right to: notify the family member or other person of his or her choice of arrest and
place of detention immediately after the arrest; the notification of the family member or other person
regarding the arrest may be delayed by up to 24 hours at the latest when the state prosecutor considers that
this is conditioned by the urgent need to investigate the case. This delay shall not apply in the case of
minors.17
According to Law No. 04/L-076 on Police,18 the right to notify the family or another person of the arrest
also applies to persons who are in "temporary police custody" for the identification purpose or for their own
protection and the protection of others.
Video and audio recording of the interviews as additional safeguards against physical ill-treatment
During the reporting period, the NPM was informed by the Kosovo Police that it had requested several
police stations to designate interview rooms in which equipment for video and audio recording the
interviews with the detainees is expected to be installed. On 22 November 2019, the NPM, through official
email, requested from the Kosovo Police to be informed about the progress achieved in the implementation
of this project.
On 2 December 2019, the Kosovo Police informed the NPM by email: “that all Regions have identified the
interview offices where surveillance (video/audio) cameras should be installed, and also forwarded requests
to DITK-GD. In the next project, DITK - Camera Unit has planned to provide these offices with surveillance
(video/audio) cameras; while DITK is also in the process of preparing technical specifications and that they
have planned in the medium term to install surveillance (video/audio) cameras in about 30 interview offices
in all Regions”.
The NPM notes that the CPT considers that the electronic (audio and/or video) recording of police
interviews represents an important additional safeguard against the ill-treatment of detainees and the
protection of police officers against false allegations of physical ill-treatment.19
During its visits, the NPM concluded that Kosovo Police respects the three basic rights of arrested persons.
Kosovo Police have standard forms whereby detainees are informed of their rights and who, upon signing
them, confirm that they have been informed of these rights. The NPM has also noted that the Kosovo Police
generally keeps sufficient evidence and documentation of any event related to persons in police custody.
These standard forms are compiled in Albanian, Serbian and English language.
In addition, the NPM has noted that in every cell where detainees are held, information on their rights
compiled in Albanian, Serbian and English language is available. During the visits and interviewing of the
arrested persons, the NPM received no complaints regarding the observance of these rights.
17
Criminal Procedure Code of the Republic of Kosovo, Article 168, paragraphs 1, 2, 3, 4.
Law on Police, Article 20.
19
European Committee for the Prevention of Torture, extract from 12th General Report, paragraph 36. For more, see:
https://rm.coe.int/16806cd1ed/
18
12
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents