A/HRC/40/59/Add.1 F. Institutions for persons with psychosocial disabilities 88. The Special Rapporteur welcomes the adoption of the law on mental health No. 05/L-025 that entered into force in December 2015 and aims to protect and promote mental health. According to article 34 of the law, the relevant ministries are to issue the necessary by-laws within one year from the date of its entry into force. The Special Rapporteur regrets that, two years later, this has still not happened, which impeded the effective implementation of the law. The Special Rapporteur calls upon the authorities to issue the by-laws necessary to implement the law on mental health and to ensure that the placement and treatment of persons with mental disabilities is in accordance with that law and international standards. 89. During the monitoring visit to the admission ward of the psychiatric institute of the Pristina University Hospital, the Special Rapporteur and his team did not receive any allegations of torture or ill-treatment or obtain any other information pointing to such abuse. The material conditions in the institute were generally found to be satisfactory, with adequate staffing and access to medical care. 90. Owing to time constraints, the Special Rapporteur was unable to visit other psychiatric and psychosocial institutions in Kosovo. G. Refugees and migrants 91. Owing to time constraints, the Special Rapporteur was not able to visit the asylum centre in Kosovo. Nonetheless, the information he obtained during his consultation with civil society indicated that all foreigners who were intercepted while illegally crossing borders and who subsequently requested asylum were transferred to the asylum centre. He was pleased to learn that independent observers had access to the centre and had reported that it provided asylum seekers with accommodation, regular meals and clothing, as well as psychological assessments, counselling services, legal aid and translation. The Special Rapporteur encourages the authorities to establish effective mechanisms and practices for the early detection of persons who are in need of international protection or who are otherwise in vulnerable situations. According to the information received, the authorities tend to outsource security services in such centres to private companies. In that context, the Special Rapporteur reminds the authorities of their duty to ensure that the private companies have staff who are trained to assume their responsibilities. 92. Since his visit, the Special Rapporteur has learned that on 30 March 2018, a new law on asylum (06/L-026) was enacted that abolished the law on asylum of 31 July 2013 (04/L217). He welcomes the fact that the new law observes the non-refoulement principle and provides guarantees on freedom of protection for vulnerable asylum seekers. 93. The Special Rapporteur is however concerned by the addition of article 18 authorizing the Department for Citizenship, Asylum and Migration within the Ministry of Internal Affairs to detain an applicant in the detention centre for up to eight days without a court decision, when it is deemed necessary for the protection of national security or public order, or in order to determine the applicant’s identity, or to decide on their right to enter the territory. He is also concerned that, in exceptional circumstances, this provision seems to allow for children to be detained indefinitely. 94. He would like to remind the authorities that the margins of permissibility of migration-related detention are narrow, in terms of both substantive justification and duration; the mere fact that detention is authorized by national law does not exclude its arbitrariness under international law. In the view of the Special Rapporteur, criminal or administrative detention based solely on migration status exceeds the legitimate interests of States in protecting their territory. Detention based solely on migration status can even amount to torture, particularly when it is intentionally imposed or perpetuated for such purposes as deterring, intimidating or punishing irregular migrants or their families, coercing them into withdrawing their requests for asylum, subsidiary protection or other stay, agreeing to voluntary repatriation, providing information or fingerprints, or for reasons based on discrimination of any kind. Last but not least, any detention of children 14