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The freedoms and rights of prisoners


The freedoms and rights of prisoners are guaranteed by the highest legal act "CONSTITUTION OF THE REPUBLIC OF KOSOVO" in articles 29,30,31,32,33 and 34, and LAW NO. 04 / L-149 ON THE EXECUTION OF CRIMINAL SANCTIONS

Pursuant to Law no.04 / L-149 on Execution of Criminal Sanctions, Article 32, Article 62 paragraph 6, Article 65 paragraph 2, Article 66 paragraph 3, Article 68, Article 90 paragraph 1, Article 92 paragraph 2, and Article 204 the ADMINISTRATIVE INSTRUCTION MD-NO. 07/05 ON THE HOUSE RULES IN CORRECTIONAL INSTITUTIONS has been adopted and it is the main document which provides for the rights and obligations of prisoners.

With this Administrative Instruction the house order, organization and way of life of convicted and detained persons are regulated in correctional institutions, in particular: admission and placement, acquaintance with the house rules and other provisions, food, health protection and implementation of hygienic measures, manner of fulfillment of religious needs, correspondence, acceptance of visits and packages, types and quantities of food products that can be accepted, conditions and manner of access (availability) with the money earned as compensation for work and rewards, manner of use of annual leave, maintaining order and discipline, system of disciplinary violations and sanctions, conditions and manner of application of disciplinary measures, solitary confinement, types of benefits, conditions and manner of use of all benefits, organization of cultural and educational activities, sports and entertainment, outdoor stay, release and assistance with the release from serving a sentence of imprisonment or detention on remand, visits, spending time in special premises, receiving packages, money of prisoners on leave for exceptional cases, as well as other issues which are important for the conditions and manner of serving the sentence with imprisonment and detention on remand.

The provisions of this Instruction apply mutatis mutandis to convicted persons and juvenile detainees according to the Juvenile Justice Code, as well as to detainees, according to the Code of Criminal Procedure, unless otherwise provided by law.

In dealing with convicted and detained persons, the provisions of the Code of Criminal Procedure and the provisions of the Law on the Execution of Criminal Sanctions are applied, which regulate the issues of placement, admission, food, health protection, use of coercive means and compensation for damage caused during the execution of the criminal sanction, detention on remand or other measures.

Convicted and detained persons are obliged to adhere to the provisions of this Instruction as well as orders and instructions issued by the director of the correctional institution.

International legal sources that guarantee the rights of prisoners are:

Universal Declaration of Human Rights approved by the United Nations General Assembly in New York on December 10, 1948.

European rules on prisons which are reiterated in Recommendation R (2006) 2 of the Committee of Ministers of the Member States of the European Union.

European Convention for the Protection of Human Rights and Fundamental Freedoms, drafted in Rome on 4 November 1950 and entered into force in Italy on 4 August 1955 L. 881

Resolution and Recommendations of the Committee of Ministers of the Council of Europe to the EU member states, as R (1999) 22 on overcrowding, R (2006) 13 on preventive imprisonment, R (2010) 1 on parole, R (2012) 12 on foreign prisoners.

Standards of the Committee for the Prevention of Torture and Inhumane or Degrading Treatment or Punishment (CPT) published in 2006 and containing substantive and general observations of the reports of this Committee (CPT).