ANNUAL REPORT OF NPM 2019 _______________________________________________________________________________________ I. National Preventive Mechanism against Torture (NPM) The Republic of Kosovo is not a signatory party to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Optional Protocol to this Convention, since it is not yet a member of the United Nations. However, Article 22 of the Constitution of the Republic of Kosovo determines that human rights and fundamental freedoms guaranteed by international agreements and instruments are guaranteed by this Constitution. These international agreements and instruments are directly applicable in the Republic of Kosovo and, in case of conflict, have priority over the provisions of laws and other acts of public institutions. One of the conventions foreseen in this Article is also the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which was adopted on 10 December 1984 and entered into force on 26 June 1987.1 On 18 December 2002, the United Nations General Assembly, at its fifty-seventh (57) session, with the Resolution A/RES/57/199, adopted the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. This protocol entered into force on 22 June 2006.2 The objective of the present Protocol is to establish a system of regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhumane or degrading treatment or punishment.3 Law No. 05/L-019 on Ombudsperson, which entered into force on 26 June 2015, stipulates, in Article 17, paragraph 1, that the Ombudsperson acts as National Preventive Mechanism against Torture and other Cruel, Inhuman and Degrading Treatments or Punishments (hereinafter NPM).4 Regular and unannounced visits to places of deprivation of liberty, including police detention, detention on remand, stay at health institutions, customs detention, detention at immigration centres and every other place when it is suspected that there are violations of human rights and freedoms are NPM tasks defined by the Law.5 According to the Law on Ombudsperson, when exercising functions of the NPM, the Ombudsperson and his/her representatives shall have the right to access information about the health status of any person deprived of liberty, including access to relevant medical records, as well as, with consent of the person, they shall be entitled to access to his/her personal data.6 NPM was officially established by the decision of the Ombudsperson on 16 January 2016. 1 Office of the United Nations High Commissioner for Human Rights, at: https://www.ohchr.org/en/professionalinterest/pages/cat.aspx. 2 Office of the United Nations High Commissioner for Human Rights, at: https://www.ohchr.org/en/professionalinterest/pages/opcat.aspx. 3 Article 1 of the Optional Protocol to the Convention against Torture. 4 Law No. 05/L-019 on Ombudsperson, Article 17, paragraph 2.2. 5 Law No. 05/L-019 on Ombudsperson, Article 17, paragraph 2. 6 Law No. 05/L-019 on Ombudsperson, Article 17, paragraph 4. 5