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03.11.2015

THE OMBUDSPERSON PUBLISHED THE REPORT REGARDING THE RIGHT TO LIFE

Today the Ombudsperson of the Republic of Kosovo has published the Report for the complaint No.  89/2015, regarding the right to life.


The case has been filed with the Ombudsperson Institution (OI) in February of this year against Kosovo Police – police station in Gjakove. The complaint was regarding ineffective investigation conducted on the case of missing person and allegations that police in Gjakove has contributed on this issue.


Facts, which until now could have been attested are based on complainant’s allegations as well as on the base of other information that the Ombudsperson had on disposal, justify that:


On 31 January 2015, complainant’s son (an adult who has been diagnosed with “Schizophrenia” and “Pshychosis” in 1992), broke the windows in his apartment and one of his neighbors informed police about this. According to complainant’s statement, his son was alone in the apartment and fearing that the police will mistreat him, tried to avoid them by hiding in the bathroom but when found by them was sent to the Psychiatry Ward in Regional Hospital “Isa Grezda” in Gjakove without preliminary court’s decision.


On 1 February 2015 complainant‘s son after being hospitalized in the  Psychiatry Ward of the Regional Hospital in Gjakove obtained the therapy and remained several hours in hospital but later left the premises of the hospital unnoticed and went in unknown direction. Complainant states that since that time no one knows about his son’s fate and points out that the Police has intentionally contributed on disappearance of his son.


The complainant has lodged a complaint against Kosovo Police- police station in Gjakove considering police officers responsible for this situation and accusing them for inefficient investigations.


Complainant informed OI that regardless the fact that he has disseminated through media missing of his son (through TV, radio and daily press) and requested assistance form anyone that might have any information regarding the case no information  until now has been provided to him.


From February until the date of Report publishing, the complainant has visited on daily bases the responsible police unit in Gjakove requesting to be informed regarding the flow of investigation. Based on complainant’s ascertains, several times police officer in reception office prevented him from meeting with responsible investigator of the Investigation Unit and that several times was a subject of assaults.


After analyses of case circumstances and relevant instruments: Constitution of Republic of Kosovo, ( Article  21 and Article 25), Law on Police, ( Article  2, Article 10, Article  19), and Law on the rights and responsibilities of the citizens in the health care No.2004/38 ( Article 4), Law on Law on Uncontested Procedure No. 03/L-007 ( Article 78, 79 and 82), European Convention of Human Rights and Fundamental Freedoms ( Article 2 and Article  5), the Ombudsperson issued the following recommendations:


To Kosovo Police:


·         In compliance with powers and authorizations derived by the law as well as in cooperation with all other security agencies (including Intelligence Agency and international assistance) to undertake prompt measures for finding the missing person.


· In compliance with legal powers and authorizations to increase the professional capacity by taking all compulsory actions to not repeat such cases in the future.


 


To Director of Kosovo Police:




  • To issue a written guidelines and inform all police stations and units that their tasks and obligations is to cooperate with OI and submit all requested documents and information, including full or partial case files in accordance with the Constitution and the Law on Ombudsperson.


To Hospital and University Clinical Service in Kosovo:



  • Hospital and University Clinical Service in Kosovo to issue a guideline through which all health institutions would be informed on duties and responsibilities that they have when admitting persons with mental disorders into their institutions without their consent as well as to force them to act in accordance with Article 78 and 79 of the Law on Uncontested Procedure. Furthermore, Hospital and University Clinical Service in Kosovo to undertake all compulsory measures for increasing professional and ethical level of the health workers as well as request from them to treat patient with utmost responsibility and professionalism while offering professional healthcare services as well as ongoing monitoring of patients during the working hours, while such persons are placed within healthcare institution.


Full Ombudsperson’s Report on complaint No. 89/2015, regarding the right to life was addressed to responsible institutions:  Ministry of Internal Affairs, Ministry of Health,  Kosovo Police, Hospital and University Clinical Service in Kosovo and expects  response on concerns raised regarding the case, not later than 3 December 2015.  .


As until today there is no information that the investigation was efficient within any phase and that has in anyway contributed on enlightening of the circumstances of complainant’s son missing, the full Report regarding this case, as it has been delivered to the responsible institutions, is published on OI web page (here) and is disseminated to media as well.

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