Section 1. Respect for the Integrity of the Person, Including Freedom from:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution and laws prohibit such practices, but the laws are inconsistently implemented and there were continuing allegations by some detainees of mistreatment by police and, to a lesser degree, by correctional service personnel.
As of October the Ombudsperson Institution reported receiving 21 registered complaints, seven of which met their admissibility criteria, of mistreatment of prisoners: six complaints against police and one against the correctional service. The police inspectorate investigated three of the cases, while the Ombudsperson Institution reviewed the remaining cases. The Ombudsperson Institution reported the COVID-19 pandemic constrained its ability to follow up on cases.
The National Preventive Mechanism against Torture (NPMT), which operates under the Ombudsperson’s Institution, temporarily suspended its visits to prisons, detention centers, psychiatric facilities, and police stations in March due to COVID-19 mitigation measures. The pandemic also hindered detainees’ contact with the NPMT via lawyers, family members, and international organizations. To ensure detainee protection, the NPMT established four hotline numbers providing round-the-clock access to NPMT officials and used secure drop-boxes for written complaints in detention centers. Only Ombudsperson Institution staff have access to these telephone calls and written complaints. Before suspending its site visits, the NPMT carried out 40 visits to police stations, prison facilities, psychiatric facilities, social care homes and institutions used for quarantine. It received no allegations of torture or mistreatment from persons in police custody during NPMT visits. The NPMT filed reports on its findings, generated investigations, and published follow-up reports on government compliance.
The Kosovo Rehabilitation Center for Victims of Torture (KRCT), the country’s leading NGO on torture-related issues, conducted eight visits to detention centers, and reported it received no credible reports of torture during the year, although it reported that mistreatment of prisoners continued to be a problem.
In June the police inspectorate investigated a complaint lodged by an arrestee stating he was punched in the head by police, causing him to bleed. According to the complaint the incident occurred after his arrest and transfer to the police station in Pristina. Following the investigation the officer was suspended by police, placed in detention, and the PIK filed a criminal report for misconduct.
In July the police inspectorate suspended two police officers from the Peja police station following complaints of mistreatment of a 16-year-old boy. The juvenile fled from police and once caught, per the complaint, police abused him by using pepper spray, kicking him in his ribs, punching him in his head and face, handcuffing him and insulting him in the police vehicle.
The government sometimes investigated abuse and corruption, although mechanisms for doing so were not always effective or were subject to political interference. Security forces did not ensure compliance with court orders when local officials failed to carry them out. Although some police officers were arrested on corruption charges during the year, impunity remained a problem.
The police inspectorate is responsible for reviewing complaints about police behavior. As of August it had investigated 360 police officers in connection with 935 citizen complaints regarding police conduct. The inspectorate found disciplinary violations in 545 of these complaints and forwarded them to the police’s Professional Standards Unit. During the year the inspectorate investigated 23 criminal cases from 2019 and filed 29 criminal charges for disciplinary violations.
Prison and Detention Center Conditions
Prison and detention center conditions met some international standards but problems persisted in penitentiaries, specifically, prisoner-on-prisoner violence, corruption, exposure to radical religious or political views, and substandard medical care.
Physical Conditions: Physical conditions remained substandard in some parts of the Dubrava prison. The KRCT observed a significant decrease in prison population since the beginning of the COVID-19 pandemic and stated overcrowding was no longer a problem in correctional facilities. The population decrease was apparently due to a reduction in convictions due to a COVID-19-related slowdown in judicial proceedings and increased reluctance by judges to send prisoners into detention during the pandemic. Physical conditions in the Peje/Pec detention center do not meet international standards, according to the NPMT, due to a lack of natural light and inadequate ventilation in the cells. Some similar shortcomings continued at the Prizren detention center as well.
The KRCT reported that authorities provided adequate protection for both prisoners and corrections officials. The KRCT received complaints from prisoners alleging verbal harassment, prisoner-on-prisoner violence, and some cases of physical mistreatment by correctional officers, mainly at the juveniles’ unit of the Dubrava prison and the Lipjan/Lipljan correctional center. The KRCT reported that Lipjan correctional center officials removed mattresses from several juvenile prisoners in solitary confinement during daytime hours as a disciplinary measure and noted this violates standards for the treatment of minors. The KRCT noted instances of inmates blackmailing and harassing other inmates at the Dubrava prison. It reported prisoners and detainees had difficulty accessing medical care. There were allegations of corruption and the use of transfers between detention facilities as disciplinary measures. The KRCT reported that convicts at times harmed themselves to draw attention to their needs including medical care, transfers, or privileges. The KRCT reported alleged instances of corruption and nepotism, including by correctional and health staff, especially at the correctional center in Dubrava.
As of September the NPMT had received 14 medical reports from prison health authorities of prisoner injuries due to interprisoner violence and four cases of prisoners claiming injuries sustained from correctional officers. The NPMT checked medical files sent by authorities but due to COVID-19 restrictions was unable to visit and interview prisoners involved in the alleged incidents.
Following the delivery of a Swiss forensic report to authorities in late 2019, the chief state prosecutor reopened an investigation into the 2016 prison death of Vetevendosje party activist, Astrit Dehari, and assigned the case to Kosovo’s Special Prosecution. Dehari was arrested on suspicion of involvement in an attack on parliament. Authorities investigated whether Dehari committed suicide but members of his family and Vetevendosje party representatives claimed he was killed due to his political activism. The government requested Swiss assistance in 2018; the 2019 Swiss report noted forensic analysis could not exclude other possible causes of death and recommended further investigation. At the end of the year investigation of this case was ongoing.
Due to poor training and inadequate staffing, authorities did not always exercise control over facilities or inmates. There was a lack of trained staff to facilitate drug treatment programs. There was no drug addiction testing within the correctional service and the classification system of inmates with addiction-related issues was not fully functional. The KRCT reported that drugs, mostly marijuana, were regularly smuggled into these facilities, despite a ban on in-person visitations for prisoners due to the COVID-19 pandemic. One staff member was caught smuggling drugs to prisoners.
The KRCT documented delays and errors in medical care of prisoners as well as a lack of specialized treatment outside the correctional institutions, especially in the Dubrava prison. In many instances these conditions forced prisoners to procure needed medications from private sources. The KRCT observed gaps in the prison health-care system at the Dubrava facility and reported an insufficient number of mental-health professionals. The Ministry of Health is responsible for providing medical care and health personnel in correctional facilities.
Facilities and treatment for inmates with disabilities remained substandard. The Kosovo Forensic Psychiatric Institute provided limited treatment and shelter for detained persons with mental disabilities. While pretrial detainees were held separately from the convicted prisoner population, advocates for persons with disabilities faulted the government for regularly housing pretrial detainees with diagnosed mental disabilities together with other pretrial detainees. The law requires convicted criminals with documented mental health issues to be detained in facilities dedicated to mental health care, but these prisoners were often housed in standard prisons due to overcrowding at mental health institutions. The KRCT reported approximately 30 inmates above the age of 60 who were not properly placed, based on their specific mental disability. Apart from drug therapy and regular consultations with a psychiatrist, inmates with mental health issues were not provided with any occupational or therapeutic activities.
Prison conditions for foreign terrorist fighters and those convicted of terrorist offenses were not significantly different from those of the general prison population.
Administration: Authorities did not always conduct proper investigations of mistreatment. The KRCT noted the internal complaint mechanism (as opposed to the NPMT mechanism) mandated by law did not function effectively, with officials responding too slowly to complaints. In addition, inmates often did not report abuses due to lack of confidentiality and fear of retribution. The KRCT noted, however, that authorities regularly provided inmates with written decisions justifying solitary confinement and information on deadlines for appeals. The KRCT noted a lack of response by the general director of the correctional service regarding inmate transfer requests.
Independent Monitoring: Although all visits were hampered by COVID-19 conditions, the government permitted visits by independent human rights observers, but only the national Ombudsperson Institution and EULEX had unfettered access to correctional facilities throughout the year. The KRCT and the Center for the Defense of Human Rights and Freedoms were required to provide 24-hour advance notice of planned visits.
Improvements: The KRCT reported improvements in housing conditions due to some renovations in the Dubrava prison and the Pristina high-security prison, as well as the opening of new facilities at the Pristina correctional center. The KRCT noted the Prison Health Department hired additional staff during the year.
Inmates received access to Skype and other video communication applications and permission to communicate with their families. The KRCT reported some convicts received permission for employment outside of correctional facilities, improving the physical, mental, and economic well-being of convicts and their families. The Women’s Correctional Center manufactured anti-COVID facial masks for all correctional facilities.
Administrative improvements included a pilot program to improve the assessment and classification of criminal cases. The KRCT also noted that the correctional service issued disciplinary standards to describe specific disciplinary measures, their length and justification, and give legal advice for inmate appeals.
d. Arbitrary Arrest or Detention
The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government, EULEX, and NATO-led Kosovo Force (KFOR) generally observed these prohibitions. EULEX and KFOR personnel were not subject to the country’s legal system but rather to their missions’ and their countries’ disciplinary measures.
Arrest Procedures and Treatment of Detainees
By law, except when a crime is in progress, police may apprehend suspects only with warrants based on evidence and issued by a judge or prosecutor. Within six hours of an arrest, prosecutors must issue the arrested person a written statement describing the alleged offenses and the legal basis for the charges. Authorities must bring arrested persons before a judge within 48 hours and must provide detainees prompt access to a lawyer of their choice or one provided by the state. There is a bail system, but courts seldom used it. They often released detainees without bail, pending trial.
Suspects have the right to refuse to answer questions, except those concerning their identity, at all stages of an investigation. Suspects have the right to the free assistance of an attorney and interpretation, as well as medical and psychological treatment. At all stages of the process, suspects may communicate with their legal representation and have a family member notified of their arrest.
Following an initial ruling, a court may hold individuals in pretrial detention for 30 days from the date of their arrest and may extend pretrial detention for up to one year. After an indictment and until the conclusion of trial proceedings, only a trial judge or a trial panel can order or terminate detention. The law allows a judge to order house arrest, confiscate travel documents, and expand use bail or other alternatives to pretrial detention.
Although in some instances police operated undercover, they generally carried out arrests using warrants. There were no confirmed reports that police abused the 48-hour rule, and prosecutors generally either provided arrested persons with documents describing the reasons for their detention or released them. While officials generally respected the requirement for prompt disposition of cases, the KRCT reported detainees occasionally faced delays when attorneys were temporarily unavailable.
The KRCT reported that authorities did not always allow detained persons to contact attorneys when initially arrested and in some cases authorities permitted consultation with an attorney only once police investigators began formal questioning. In several cases detainees were allowed access to an attorney only after their formal questioning. Some detained persons complained that, despite requests for lawyers, their first contact with an attorney took place at their initial court appearance.
The law limits police use of force only in order “to protect a person’s life, to prevent an attack, to prevent a criminal act, to prevent the flight of a perpetrator, or, when other measures are not successful, to achieve another legitimate police objective.” The law also provides that when using force, police “shall attempt to minimize the intrusion into a person’s rights and freedoms and to minimize any detrimental consequences.”
Pretrial Detention: Lengthy detentions, averaging six months, both before and during judicial proceedings, remained a problem. The law allows judges to detain a defendant pending trial if there is a well-grounded suspicion the defendant is likely to destroy, hide, or forge evidence; influence witnesses; flee; repeat the offense; engage in another criminal offense; or fail to appear at subsequent court proceedings. Judges routinely granted pretrial detention without requiring evidentiary justification. Lengthy detention was also partly due to judicial inefficiency and corruption.
Section 2. Respect for Civil Liberties, Including:
f. Protection of Refugees
Access to Asylum: The law provides for the granting of asylum or refugee status with subsidiary protection, a system for providing protection to refugees, and temporary admission of asylum seekers while their cases are adjudicated. The country has no central-level migration management system.
Reception facilities at the asylum center could host children but the facility lacked standard operating procedures for unaccompanied children seeking asylum or for determining their eligibility for asylum. Although asylum cases continued to increase, the country was largely a point of transit. Those seeking asylum typically left the country and did not attend their hearings. The increased number of asylum seekers did not challenge the country’s capacity. Those seeking asylum were housed at the asylum center.
Despite a straightforward registration process, new arrivals were not granted immediate access to services and asylum procedures, which resulted in a considerable applications backlog. In response to the COVID-19 pandemic, from March to June UNHCR advocated for reasonable access for asylum seekers and IDPs during temporary entry bans or border closures applied by the government. UNHCR suspended the refugee status determination process from March until June due to the COVID-19 pandemic.
Refoulement: In August 2019 the police inspectorate filed a criminal report including criminal violations against 22 police officers who participated in an operation involving the rescission of residence permits and subsequent refoulement to Turkey of six Turkish citizens in March 2018. The Turkish government had accused the Turkish citizens of ties to the Gulen network. In September 2019 the appellate court affirmed a prior ruling that the rationale for rescinding the residence permits was baseless. As of year’s end, the Ministry of Internal Affairs had not received a final judgment from the court.
Access to Basic Services: UNHCR reported asylum seekers received accommodations, regular meals, and clothing, while UNHCR partner organizations provided psychological assessments, counseling services, and legal aid. The lack of interpretation services for several official languages at both the central and local levels remained a problem. UNHCR stated health care and psychological treatment were still inadequate.
The government partnered with UNHCR to designate a detention center for foreigners as a quarantine site for new arrivals and to secure personal protective equipment and hygienic items for asylum seekers. UNHCR provided access to internet services at asylum centers to provide asylum seekers with online legal and psychosocial assistance as well as education for children.
The government introduced regulations mandating support and integration for asylum seekers, refugees, persons granted temporary protection or subsidiary protection, and stateless persons, but is still finalizing its standard operating procedures.
Temporary Protection: The government provided temporary protection, called subsidiary protection, to individuals who may not qualify as refugees. Through June the government provided subsidiary protection to one person.
g. Stateless Persons
Official figures on stateless persons were not available. The law contains no discriminatory provisions that might cause groups or individuals to be deprived of or denied citizenship. Citizens convey citizenship to their children. Children born to noncitizen parents acquire citizenship by virtue of birth within the country; this situation most often occurs within minority communities with large numbers of undocumented residents. Government procedures provide for access to naturalization for those granted stateless or refugee status five years after the determination.
Laws relating to civil status permit stateless persons to register life events such as birth, marriage, and death; however, implementation varied among municipalities. The government’s capacity to identify stateless persons and those with undetermined nationality remained inadequate.
In August the Ombudsperson Institution published an ex officio legal opinion for the court of appeals, the basic court in Pristina, the basic court in Peje/Pec, and the basic court in Mitrovica, encouraging them to promptly process lawsuits on the legal identity of unregistered persons, particularly children.
During the year UNHCR provided assistance, including medical and educational aid, to 900 “legally invisible” persons (due to their inability to prove their birth location) from different ethnic groups, most of whom belonged to the Romani, Ashkali, and Balkan-Egyptian communities.
Unregistered residents did not receive social assistance benefits and pension rights and could not register property titles or retain rights to inherited or transferred property. Children born of parents displaced outside the country and who entered with their readmitted parents often lacked documentation, including birth certificates, from their place of birth. Authorities had not developed a systematic solution to this problem. UNHCR provided legal aid for civil registration of 133 unregistered Roma, Ashkali, and Balkan Egyptians.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity
The constitution and law prohibit discrimination based on sexual orientation and gender identity in employment, health care, and education. When the motivation for a crime is based on gender, sexual orientation, or perceived affinity of the victim with persons who are targets of such hostility, the law considers motivation to be an aggravating circumstance.
According to human rights NGOs, the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community faced overt discrimination in employment, housing, determination of statelessness, and access to education and health care.
The NGO Center for Equality and Liberty reported that societal pressure persuaded most LGBTI persons to conceal their sexual orientation or gender identity. A representative noted police were insensitive to the needs of the LGBTI community. The center also noted increased homophobic public reactions in social media since the introduction of country-wide government measures against the COVID-19 pandemic.
Police were inclusive and accepting of LGBTI and other minority communities in their public messaging, and senior police officials participated in the annual pride parade. Pristina municipality established a drop-in center for at-risk LGBTI persons.
In August 2019 the appeals court upheld a basic court ruling permitting the change of the sex marker on identity documents from female to male for a citizen living abroad. In total, two citizens changed their identity documents following lengthy court procedures, while four citizens’ requests for change of identity documents have not been resolved.
On September 4, Prime Minister Hoti and Serbian President Vucic signed agreements in which the two countries agreed to work with foreign governments to decriminalize homosexuality in the 69 countries where it is considered a crime.