Insufficient capacity for the treatment of people with mental disorders who come into conflict with the law continues to be regarded as one of the biggest challenges for Kosovo’s correctional and health systems. The issue was raised at the roundtable “Preventing torture through the protection of mental health in correctional institutions,” organized by the Kosovo Rehabilitation Centre for Torture Victims (KCRT) on the occasion of June 26, the International Day in Support of Victims of Torture.
KCRT program manager Fatmire Haliti said that the prohibition of torture is not linked only to preventing physical violence, but also to ensuring conditions that preserve the physical and psychological integrity of persons deprived of their liberty.
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According to her, KCRT’s years-long monitoring has identified cases in which people with severe mental health problems were held in correctional institutions, even though court decisions had provided for their treatment in specialized health institutions. She said the lack of capacity has made it difficult to provide proper treatment for this category.
“People with mental disorders and special needs constitute one of the most marginalized or most challenging groups to treat in these institutions… Therefore, in the current situation, we have advocated in the past, and now as well, including through this roundtable, we aim to call on the relevant institutions to create the organizational structure within correctional institutions for the proper placement and adequate treatment of people with mental disorders who come into conflict with the law. What is most concerning is that these cases often pose a risk to themselves, to other persons deprived of liberty, and there are also cases where the lives of correctional staff themselves are put at risk. Moreover, in some cases these persons end up in a tragic way, even committing suicide while being held in places of deprivation of liberty… Therefore, on this day we call for the necessary infrastructure to be completed and for every person found to have mental health problems and in need of treatment to be placed in an institution where there is sufficient staff, professional staff, and where they will receive the treatment they deserve,” Haliti said.
Ombudsperson Naim Qelaj stated that the prohibition of torture and of every form of inhuman treatment is an institutional obligation, and said that human dignity must be protected for all persons deprived of liberty.
He underlined that the National Preventive Mechanism against Torture is continuing its regular monitoring of places of deprivation of liberty and that among the main concerns remains the lack of space and capacity for the accommodation and treatment of people with mental disorders.
“The Ombudsperson Institution, through the National Preventive Mechanism against Torture, plays a key role in monitoring the places where persons deprived of liberty are held. Through regular, unannounced visits, reports and recommendations, the Mechanism contributes to identifying shortcomings, preventing ill-treatment and promoting national and international standards for humane and dignified treatment. One of the issues that the Ombudsperson has continuously addressed over the years is respect for the rights of people with mental disorders who are serving sentences or are in conflict with the law. This category represents one of the most vulnerable groups, because in addition to deprivation of liberty, they also face complex health and social needs that require specialized treatment and enhanced protection… Among the main concerns continues to be the lack of capacity to accommodate persons with mental disorders. As a result, these persons with serious psychiatric problems continue to be held in detention centers or correctional institutions, while professional recommendations require treatment in specialized institutions,” he said.
Deputy Justice Minister Genc Nimoni said that people with mental disorders are among the most sensitive categories within correctional institutions and emphasized that the Ministry of Justice has taken steps to improve their treatment.
He said that the Government of Kosovo has allocated a budget for expanding the capacity of the Institute of Forensic Psychiatry. Likewise, according to him, the institution for the treatment of persons with special needs has been established at the Dubrava Correctional Center.
“To address this challenge, at our request, the Government of the Republic of Kosovo has allocated a budget for expanding the capacity of the Institute of Forensic Psychiatry, because the current capacities are very limited. This project is expected to be completed within a few months. As for the treatment of these persons while serving their sentence, with the support of the Ministry of Justice, the institution for the treatment of persons with special needs has been established, which functions as a separate pavilion within the Dubrava Correctional Center… The Ministry of Justice remains committed to advancing human rights standards and guaranteeing dignified treatment for persons deprived of liberty,” Nimoni said.
Arjeta Sadiku, deputy chair of the Kosovo Judicial Council, said that protecting the mental health of persons deprived of liberty is a shared institutional obligation and is directly linked to respect for human dignity.
“The protection of the mental health of persons deprived of liberty is not only an issue for the health system, but a shared institutional responsibility directly linked to respect for human dignity and fundamental human rights. From the judiciary’s perspective, this issue is of particular importance in cases when courts decide on measures affecting the liberty and treatment of persons with mental disorders. The courts of the Republic of Kosovo, when making decisions on imposing mandatory treatment measures, base themselves on the law and on the professional assessments of the relevant experts, but at the same time always keep at the center of their attention the protection of human dignity, personal integrity and the individual’s fundamental rights… The Kosovo Judicial Council remains committed to strengthening the rule of law, protecting fundamental human rights and advancing practices that guarantee fair, humane and dignified treatment for every individual,” she said.
On the other hand, the director general of the Kosovo Correctional Service, Ismail Dibrani, said that for the past three years there has not been a single case in which a person, for whom the court ordered treatment at the Institute of Forensic Psychiatry, is being held in prison.
He added that the institution for the treatment of persons with special needs was established two years ago and, according to him, represents a model for the region, although further investment and an increase in professional staff remain necessary.
“Let us start with this as a dilemma: we do not have a single person, not only today, but for three years, not a single person whose court ruling states that treatment is to be carried out at the Institute of Forensic Psychiatry and who is being held in prison. There are zero cases; for three years there has not been a single such case. The establishment of the institution for the treatment of persons with special needs has been a legal obligation since 2014. This institution was established only two years ago and is an example for the region. Does it meet all needs? Certainly it does not, but we are on the right path to also fulfill the remaining part,” Dibrani said.
