A/HRC/40/59/Add.1 should be immediately halted as it may amount to arbitrary detention and clearly contradicts the best interest of the child (HRC/37/50, para. 28). IV. Conclusions 95. The Special Rapporteur welcomes the genuine and sustained commitment of the authorities in Belgrade and Pristina to overcoming the wounds of the past and their unequivocal determination to prevent torture and ill-treatment in all circumstances. 96. He is pleased to report that, with the exception of a few isolated allegations of excessive use of force in disciplinary cases, he has not received any allegations of torture and other cruel, inhuman or degrading treatment or punishment with regard to prisons under the Ministry of Justice in Serbia and the authorities in Kosovo. The Special Rapporteur is gravely concerned, however, at numerous and consistent allegations received with regard to the misconduct of the police in both Serbia and Kosovo. In both Serbia and Kosovo, therefore, the next step in the fight against impunity and arbitrary detention must focus on the respective police forces and judicial systems. 97. In both Serbia and Kosovo, the Special Rapporteur and his team received numerous and consistent allegations regarding torture and ill-treatment being used during police interrogation, most notably as a means of coercing individuals to confess to offences related to narcotics, terrorism and organized crime, areas in which the international community has long pressured both Serbia and Kosovo to deliver results. 98. In both Serbia and Kosovo, the pressure on detainees to confess is further exacerbated by the prospect of excessively long pretrial detention, which may last up to three or more years, even for minor offences. 99. In both Serbia and Kosovo, the allegations of torture and ill-treatment received by the Special Rapporteur are not isolated incidents, but suggest the existence of pattern of abuse that is well entrenched in the predominant police culture. It is therefore of the utmost urgency for the authorities in both Serbia and Kosovo to move away from police investigations based on unreliable confessions and towards modern methodologies based on the collection of accurate and reliable information obtained through forensic, non-coercive interviewing and investigation (see A/71/298). 100. The Special Rapporteur is seriously concerned at the reported inefficiency of prosecutorial and judicial practice throughout Serbia and Kosovo, which may well result in arbitrary detention and, in some cases, even amount to cruel, inhuman or degrading treatment or punishment. 101. In various institutions in both Serbia and Kosovo, the Special Rapporteur observed significant room for improvement in the overall conditions of detention, including inmates’ access to open areas, telephone calls and visits, as well as to work and other meaningful activities. 102. The Special Rapporteur recognizes the considerable efforts and investments made in both Serbia and in Kosovo over the past two years to deal with the large volume of migrants using the so-called Balkan route. He welcomes the commitment of the relevant authorities to developing the infrastructure and humanitarian assistance required to tackle this challenge. 103. The Special Rapporteur encourages the Government of Serbia and the authorities in Kosovo to further strengthen their ongoing efforts to provide adequate medical and psychological support and rehabilitation to all victims of torture and other ill-treatment present on their territory and to ensure the effective international protection of migrants and refugees. 15

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