A/HRC/40/59/Add.1
73.
While time constraints did not allow for a systematic and comprehensive collection
of relevant data, the alleged ill-treatment seemed to be particularly targeted at persons
suspected of offences related to narcotics and/or of affiliation with terrorist organizations
and other organized crime. The Special Rapporteur also received several allegations of
detainees claiming to have been pressured into confessing to crimes they had not committed
in exchange for shorter prison sentences or conditional release, sometimes even by the ex
officio lawyers assigned to them.
74.
For the absolute prohibition of torture and other ill-treatment to be implemented in
practice, the authorities in Kosovo must take the necessary measures to prevent, investigate
and prosecute all acts of torture and other ill-treatment on the part of the police and ensure
that victims are granted judicial redress and compensation.
C.
Lack of genuine investigations
75.
The Special Rapporteur welcomes the adoption of the law on the ombudsperson in
July 2015, which designated the Ombudsperson as the national preventive mechanism
against torture and other cruel, inhuman or degrading treatment or punishment, and
established a specialized branch for that purpose. The Special Rapporteur encourages the
National Preventive Mechanism to continue its crucial role as independent monitor and
guardian of the fundamental rights and liberties of Kosovans.
76.
The Special Rapporteur further commends the creation of the Police Inspectorate of
Kosovo, which is an executive institution under the Ministry of the Interior tasked with
carrying out criminal and high-profile investigations into potential cases of misconduct
(including torture and ill-treatment) by police officers. Criminal investigations are carried
out under the auspices of the competent public prosecutor.
77.
While the Police Inspectorate is independent of the Kosovo police and operates
under the direct supervision of the Minister of the Interior, whose authority does not include
the operational management of the Police Inspectorate of Kosovo, the Special Rapporteur
noted with concern that its members were still appointed by the executive.
78.
Despite the existence of legal and institutional safeguards, the Special Rapporteur
further noted with concern that he had not received any evidence suggesting that, in
practice, complaints against police officials about acts of torture and ill-treatment resulted
in a significant number of investigations.
79.
For the prohibition of torture and other ill-treatment to retain its full significance, the
Special Rapporteur urges the relevant authorities to ensure full accountability for police
brutality and excessive use of force. He also urges the authorities to ensure that the
investigation of allegations of police violence be undertaken by a body fully independent
from the executive and reporting to the legislative branch.
D.
Excessive length of pretrial detention
80.
During his visit, the Special Rapporteur received numerous and consistent
complaints from detainees about the perceived excessive length of their pretrial detention
and the prolonged absence of any meaningful investigative or judicial action taken on the
part of the prosecuting or adjudicating authorities of both Kosovo and the European Union
Rule of Law Mission in Kosovo for periods ranging from several months to several years,
even in cases where the detainee claimed to have confessed and shown full cooperation.
The Special Rapporteur also received numerous complaints from convicts about not having
been considered for conditional release, despite having served two thirds of their sentence
with good conduct. He also received several allegations of the perceived politicization of
criminal trials, including those conducted under the auspices of European Union Rule of
Law Mission. While the short duration of his visit did not allow him to collect more
comprehensive data in this respect, or to examine the accuracy of individual allegations, the
consistency of the individual allegations and with reports from civil society suggests, at a
minimum, a certain pattern of inefficiency in prosecutorial and judicial practice in Kosovo
12
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents