KOSOVO 2017 HUMAN RIGHTS REPORT

KOSOVO 2017 HUMAN RIGHTS REPORT

EXECUTIVE SUMMARY

Kosovo is a parliamentary democracy. The constitution and laws provide for an elected unicameral parliament, the Assembly, which in turn elects a president, whose choice of prime minister the Assembly must approve. The country held parliamentary elections on June 11 that international observers considered free and fair. The Assembly elected Hashim Thaci as president in February 2016. The EU's Rule-of-Law Mission (EULEX), which monitors police and the justice sector, continued to perform some executive functions, with its mission extended until mid-2018. The EU-facilitated Brussels Dialogue on the normalization of relations between Kosovo and Serbia continued fitfully, as the two presidents agreed to implement their 2015 agreement to integrate northern Kosovo judicial structures into the national structures effective October 17.

Civilian authorities maintained effective control of the security forces.

The most significant human rights issues included assaults on journalists; violence against displaced persons; endemic government corruption; lack of judicial independence, including failures of due process and selective implementation of decisions; and violence against members of ethnic minorities and members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community.

The government took steps to prosecute and punish officials who committed abuses in the security services or elsewhere in the government. Many in the opposition, civil society, and the media believed that senior officials engaged in corruption with impunity.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings.

EULEX and domestic prosecutors continued prosecuting war crimes cases arising from the 1998-99 conflict. As of August EULEX prosecutors were working on 37 war crimes cases. Under the understanding in effect, EULEX may be assigned

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new cases only in exceptional circumstances, with approval of the Kosovo Prosecutorial Council.

The Special Prosecution of the Republic of Kosovo (SPRK) office was, as of August, investigating approximately 104 war crimes cases, of which 44 had been suspended because the alleged perpetrators' whereabouts were unknown.

In July, EULEX and Kosovo police arrested four persons in connection with the 2004 killing of a UN Interim Administration Mission in Kosovo (UNMIK) police officer and a Kosovo police officer and the wounding of two others. Prosecutors sought a fifth suspect's extradition from Germany. Citing police sources, the media identified two of the suspects as members of a major organized crime group involved in postwar political assassinations, terrorist attacks, and extortion.

In July a EULEX-majority panel at the Supreme Court overturned the 2016 conviction of Sami Lushtaku, mayor of Skenderaj/Srbica, on war crimes charges in the so-called Drenica I case. In late 2016 the Appellate Court overturned Lushtaku's original conviction for murder and convicted him on command responsibility grounds for war crimes committed in a Kosovo Liberation Army (KLA) detention center. The Supreme Court panel upheld a five-year sentence for Lushtaku's codefendant, Jahir Demaku, former director of Kosovo Security Force (KSF) Intelligence and Security. On August 18, a EULEX-majority panel at the Supreme Court upheld the convictions of all 10 defendants in the Drenica II war crimes case. In August a retrial began for Kosovo Serb Oliver Ivanovic, sentenced in 2016 to nine years in prison for war crimes against ethnic Albanians committed in 1999. Ivanovic was released on bail pending retrial in April.

The Hague-based Kosovo Specialist Prosecutor's Office (SPO) continued to investigate crimes committed during and after the 1999 conflict. The SPO and its predecessor, the EU Special Investigative Task Force, were established following the 2011 release of the Council of Europe report Inhuman Treatment of People and Illicit Trafficking in Human Organs in Kosovo, which alleged crimes by individual KLA leaders. A 2016 agreement providing the legal basis for the Kosovo Specialist Chambers to conduct proceedings in the Netherlands entered into force on January 1. On December 22, a group of parliamentarians from the governing coalition attempted to abrogate the law authorizing the SPO and Specialist Chambers. Some parliamentarians reported doing so under instruction from political leaders. The initiative stalled under pressure from opposition leaders and the international community, but supporters continued to push for abrogation

Country Reports on Human Rights Practices for 2017 United States Department of State ? Bureau of Democracy, Human Rights and Labor

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through the end of the year. The SPO had not issued any indictments as of year's end.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

As of August the International Committee of the Red Cross (ICRC) listed as missing 1,658 persons who disappeared during the 1998-99 conflict and the political violence that followed. Although the ICRC did not distinguish missing persons by ethnic background due to confidentiality restrictions, observers suggested that approximately 70 percent were ethnic Albanians and 30 percent were Serbs, Roma, Ashkalis, Egyptians, Bosniaks, or Montenegrins.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and laws prohibit such practices, and there were no reports that government officials employed them.

The Police Inspectorate of Kosovo (PIK), an independent body within the Ministry of Internal Affairs, was responsible for reviewing complaints about police behavior. As of July the PIK had reviewed 678 citizen complaints regarding police conduct. The PIK characterized 404 of the complaints as involving disciplinary violations and forwarded them to the Kosovo Police Professional Standards Unit; it judged another 264 complaints to be criminal cases. As of July, 124 police personnel were under investigation, and 135 cases from 2016 remained under investigation. Allegations of excessive use of force by police in dispersing a demonstration in 2015 did not result in criminal charges, although prosecutors continued to review information provided by the PIK.

On May 13, unknown assailants beat former Zeri editor in chief and noted human rights advocate Arbana Xharra. On April 10, Xharra had told police that unknown persons spray-painted red crosses on her front door. An investigation was underway. Xharra told media that religious radicals and activists of opposition parties had attacked her on social media throughout the year.

On June 22, a EULEX-majority panel at the Appellate Court partially amended a 2016 judgement by the Basic Court in Mitrovica against former KLA commander

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Xhemshit Krasniqi for the torture of civilians in 1999. The Appellate Court reduced the sentence from eight to seven years of imprisonment.

On August 28, two unknown persons attacked Vitore Stavileci, the wife of the Minister of Economic Development Blerand Stavileci, causing serious injuries. The attack came shortly after Minister Stavileci had publicly criticized Pristina's municipal government as incompetent and corrupt, leading NGOs and other observers to suspect political motivation.

Prison and Detention Center Conditions

Prison and detention center conditions met some international standards, but significant problems persisted in penitentiaries, specifically, the lack of rehabilitative programs, prisoner-on-prisoner violence, corruption, exposure to radical religious or political views, and substandard medical care.

Former director of the Pristina Detention Center Emrush Thaci, indicted in 2016 for helping convicted war criminal Sami Lushtaku to avoid imprisonment, was still awaiting trial.

Physical Conditions: Physical conditions remained substandard in some parts of the Dubrava Prison, which were overcrowded in the first quarter of the year.

During the year the Kosovo Rehabilitation Center for Torture Victims (KRCT) received complaints from prisoners regarding inappropriate behavior, verbal harassment, prisoner-on-prisoner violence, and in some cases physical mistreatment by correctional officers, mainly at the Dubrava Prison and the Detention center in Lipjan.

On February 19, three correctional officers assaulted a detainee at the Lipjan Detention Center. The officers involved were reprimanded but not dismissed.

On February 26, two female inmates were involved in a fight in Lipjan Detention Center that resulted in injuries. The KRCT reported the fight took place in the presence of correctional officers, who did not intervene.

National media reported that prisoners raped a fellow inmate at the Lipjan Detention Center on May 15. The victim reportedly received medical and psychiatric care, and prison officials transferred one of the perpetrators to another detention center. The case was under investigation.

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As of August the KRCT had received 150 complaints from prisoners that correctional staff verbally or physically abused them in the Dubrava Prison and the High Security Prison.

Due to corruption or political interference, authorities did not always exercise control over the facilities or inmates. According to the KRCT, inmates complained that officials at the Dubrava and the Smrekovnica prisons unlawfully granted furloughs and additional yard time based on nepotism or bribery. The KRCT reported that mobile phones and illicit drugs were regularly smuggled into correctional facilities, with approximately 30 percent of inmates estimated to be addicted to drugs. There were no drug treatment programs.

The KRCT documented delays and errors in the delivery of medical care to prisoners as well as a lack of specialized treatment. In many instances these conditions forced prisoners to procure needed medications through 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.

Facilities and treatment for inmates with disabilities remained substandard. The Kosovo Forensics Psychiatric Institute provided limited treatment and shelter for detained persons with mental disabilities. Advocates for persons with disabilities faulted the government for regularly housing pretrial detainees with diagnosed mental disabilities together with other pretrial detainees. Pretrial detainees were held separately from the convicted prisoner population.

The correctional service continued to operate an interdisciplinary team to address self-inflicted injuries and suicide attempts at correctional facilities, although prisoner advocates were not aware of improvements. The KRCT noted psychosocial services at the Dubrava Prison and High Security Prison were insufficient and unsuitable for the inmates' needs, despite some improvements at the High Security Prison. There were no legal provisions or administrative instructions for the treatment of prisoners with disabilities. As of August the KCRT reported 21 attempted suicides and 100 self-inflicted injuries. Advocates cited frequent transfers and harsh treatment as contributing factors.

On August 16, masked assailants beat Kosovo Correctional Service (KCS) acting director Sokol Zogaj with metal pipes in Pristina. The Justice Ministry issued a statement soon after the attack calling on authorities to find the perpetrators and bring them to justice.

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The government, with the help of international forensics experts, continued to investigate the death of Vetevendosje party activist Astrit Dehari, who allegedly committed suicide in prison in 2016. In September the Kosovo chief state prosecutor announced that the Austrian Internal Affairs Ministry completed the analysis of the video footage of the surveillance cameras in the Prizren Detention Center at the time of Dehari's death. The analysis found no sign of manipulation of the raw video surveillance footage. The State Prosecutor's office stated it would further analyze evidence related to this case.

Administration: Authorities did not always conduct proper investigations of mistreatment. The KRCT noted the internal complaint mechanism mandated by law did not function, as inmates often did not report abuses due to lack of confidentiality and fear of retribution. The KRCT observed several cases where inmates who submitted complaints were merely transferred to other prison facilities. Prisoners in some wards at the Dubrava Prison and the High Security Prison lacked complaint forms, and prison management failed to address reported concerns. Prison authorities could not intervene when some pretrial detainees used ministry of justice connections to obtain transfers to more comfortable facilities, such as the University Clinical Center in Pristina, even when the prison could provide adequate medical services.

The KRCT also noted that authorities did not provide written decisions justifying solitary confinement or confirming transfer to another facility. According to prisoners, such decisions were implemented without notice or explanation. The KRCT noted that authorities' failure to implement the law on penal sanctions resulted in a lack of clear procedures for leave and parole requests.

Both inmates and social workers characterized the conditional release panel as failing to address requests for early release in a timely fashion and for a lack of clarity in the justification of its denials. Prisoners with good behavior records criticized the panel's lack of consideration of their individual circumstances. The KCS received seven complaints during the year.

Independent Monitoring: The government permitted visits by independent human rights observers, but the national Ombudsperson Institution alone had continuous and unfettered access to correctional facilities. The KRCT and the Center for Defense of Human Rights and Freedoms were required to provide 24-hour advance notice of planned visits.

Country Reports on Human Rights Practices for 2017 United States Department of State ? Bureau of Democracy, Human Rights and Labor

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Improvements: In May the government opened an educational correctional center for juveniles at Lipjan Detention Center. Lipjan Detention Center's existing management administered the center for juveniles, in apparent violation of the legal prohibition against managers running multiple institutions.

In March the government opened a new detention center with a 300-prisoner capacity in Gjilan. Some NGOs stated that the center did not meet basic safety standards, noting poor-quality surveillance systems and cell doors.

The government also renovated Dubrava Prison during the year, partially addressing deficiencies including poor lighting and ventilation, dilapidated kitchens and toilets, lack of hot water, inadequate or no bedding, and significant delay in repairs.

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/her arrest or detention in court, and the government, EULEX, and Kosovo Force (KFOR), a NATO-led international peacekeeping force, generally observed these prohibitions.

Role of the Police and Security Apparatus

Local security forces included the Kosovo Police and the Kosovo Security Force, a lightly armed civil response force that provides disaster response and humanitarian relief, demining, search and rescue, and hazardous material containment. The law provides that police operate under the authority of the Ministry of Internal Affairs. Police maintained internal security, with assistance from EULEX as a second responder for incidents of unrest and KFOR as a third responder. The border police, part of the Kosovo Police, were responsible for law enforcement related to border management. The Ministry for the Kosovo Security Force managed the KSF.

EULEX's mandate is to monitor, mentor, and advise local judicial and law enforcement institutions. It also has some operational responsibilities, backing up the police force, including during raids and actions requiring crowd and riot control. Circumstances did not require EULEX to carry out this back-up function during the year. EULEX's independent mandate for policing operations is limited to cases of organized crime, high-level corruption, war crimes, money laundering, terrorist financing, and international police cooperation. It also engaged in witness

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protection and in training police in this area. EULEX's executive role gradually diminished as envisaged in the government's exchange of letters with the EU in 2014 and as extended in 2016.

KFOR was responsible for providing a safe and secure environment and ensuring freedom of movement in the country. As of May the mission had 4,352 troops from 31 countries.

EULEX and KFOR personnel were not subject to the country's legal system but were subject to their missions' and their countries' disciplinary measures.

The government sometimes investigated abuse and corruption, although mechanisms for doing so were not equally effective throughout the country. Security forces did not ensure compliance with court orders when local officials failed to carry them out. Numerous police officers were arrested on corruption charges during the year, and impunity was a problem.

On September 8, the media reported that the Kosovo Police terminated the contracts of 57 of the 59 officers arrested in 2016 for abuse of office and bribery. Most of them were members of the traffic and highway control unit from Mitrovice/a South and Mitrovice/a North, who reportedly were caught receiving bribes after the PIK installed hidden cameras within their official patrol vehicles.

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, prosecutors must issue the arrested person a written statement describing the alleged offense 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 at all stages of an investigation, except those concerning their identity. Suspects have the right to free assistance of an interpreter and medical and psychiatric treatment. Police may not hold suspects incommunicado.

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

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