A/HRC/40/59/Add.1
(c)
Ensure that everyone has access to a lawyer before being first questioned
by the police;
(d)
Introduce an institutionally independent roster system for the selection
and appointment of certified ex officio counsel, in order to ensure minimum standards
of expertise, experience and conduct for criminal defence lawyers;
(e)
arrest;
Ensure that everyone has access to a medical doctor promptly after
(f)
Introduce systematic training programmes on the Istanbul Protocol for
all health professionals who may be called to examine persons deprived of their liberty,
as well as for all lawyers, prosecutors and judges who may be involved in relevant
judicial cases, so as to strengthen their understanding of the potential and limitations
of medical examination in the identification, interpretation and documentation of the
signs of torture and other forms of ill-treatment;
(g)
While fully recognizing that deprivation of liberty in accordance with
international standards remains a necessary and legitimate investigative measure and
sanction in any system governed by the rule of law, the Special Rapporteur urges the
prosecuting and judicial authorities of Kosovo to take all necessary and appropriate
measures to reform their practices, with a view to reducing and avoiding unnecessary,
excessive or otherwise arbitrary deprivation of liberty.
110. In regard to accountability, the Special Rapporteur recommends that the
authorities in Kosovo:
(a)
Ensure that all allegations of torture and other ill-treatment are
investigated by bodies enjoying full independence from the executive branch and
reporting to the legislative or judiciary branches;
(b)
Strengthen the National Preventive Mechanism, particularly in terms of
independent and adequate funding and staffing;
(c)
Encourage the Ombudsperson to continue to assume his crucial role as
the independent preventive mechanism in Kosovo against torture and other cruel,
inhuman or degrading treatment or punishment;
111. In regard to the conditions of detention, the Special Rapporteur recommends
that the authorities in Kosovo:
(a)
Retract or significantly readjust recently introduced restrictions
concerning the reception of food parcels and other relevant benefits for all categories
of inmates in Dubrava prison and any other facilities where such restrictions may
apply;
(b)
Establish a system of regular and frequent medical visits in all corridors
of Dubrava prison and take other appropriate measures to ensure the provision of
adequate health-care services in accordance with rules 24–35 of the United Nations
Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules);
(c)
Ensure that all prisoners are held in conditions (accommodation,
personal hygiene, clothing and bedding, food, exercise and sport) that are at a
minimum in accordance with the Nelson Mandela Rules, treated with respect and
offered a purposeful range of activities which prepares them for reintegration into the
community;
(d)
Guarantee that persons affected by mental disease, disability or distress,
including depression and post-traumatic stress, receive appropriate treatment and
care by qualified health professionals, including with a view to preventing selfinflicted injuries and suicide.
112. In regard to the prevention of torture and ill-treatment, the Special Rapporteur
recommends that the authorities in Kosovo:
(a)
Provide the regulations, instructions and training required for ensuring
the transition from an unreliable, confessions-based interrogation system to a
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