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29.9.2016

THE OMBUDSPERSON REQUESTS INTERIM MEASURE FROM THE MINISTRY OF JUSTICE FOR ELDERLY PERSONS WITH SPECIFIC HEALTH REQUIREMENTS WHO SERVE THEIR SENTENCE

The Ombudsperson Institution, actually National Preventive Mechanism (NPM) on prevention of torture and other cruel, inhuman and degrading treatments and punishments, established by the Ombudsperson on January of this year, within the legal responsibilities vested with, has visited the Correctional Center (CC) yesterday on September 26, 2016 in Dubrave.


During this visit NPM stayed in the Hospital of Dubrava Prison and in the course of this visit different complaints have been disclosed by persons serving their sentence there, people of different age, including those above 85 years old, those without ability to move, without health care, in wet clothes due to urine and faeces incontinence, in beds without beddings and blankets, in fever and cold while the personnel working there and all the others were exposed to this terrible odour.


During this visit NPM met with hospital responsible persons and found out that those confined persons were out of CC for more than three years, since their punishment has been suspended taking in consideration their age and the nature of their illnesses. They have been returned to serve their sentence, on the bases of a recently taken decision by the Ministry of Justice.


Given that turning back of these persons in the CC has made impossible adequate treatment in compliance with their needs, the Ombudsperson recommends application of Interim Measure on implementation of the decision, which means that all persons being on abovementioned health conditions are immediately removed for health treatment within institutions of the University Clinical Centre in Kosovo, in accordance with health needs, in order to be able to receive appropriate medical treatment.


This recommendation is based on paragraph 5, of Article 18, of the Law No.05/L-019, on Ombudsperson and obviously fulfils the substantial criteria for Interim Measure, due to the fact that inability to offer necessary medical treatment by the responsible authorities can be qualified as violation of human dignity, breach of the right to life, disrespect of norms on prevention of torture and other cruel, inhuman and degrading treatments, violation of right to health as well as disregard of positive obligations, rights guaranteed by State’s Constitution  as well as international instruments on human rights, directly applicable in the Republic of Kosovo.


The Ombudsperson in the letter sent to the responsible authorities requests that the Interim Measures remain at force until investigation regarding this issue ends and Report is published which will provide with specific recommendations on the measures to be taken by the responsible authorities, as well as awaits to be informed on measures to be undertaken, as a response on preceding recommendation on Interim Measure, within reasonable time, but no later than 12 October 2016.

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