Dr.sc.Resmi Hoxha
Mob.nr: +377 44 169018
Email: info@avokatura.com
Rome, June 2013
I. INTRODUCTION
Protected witnessed prisoners are a distinct category that requires adequate institutional treatment in accordance with international standards, always taking care of their safety and security. Institutional priority regarding the treatment of this category of protected prisoner witnesses is their safety.
As a special category of convicts, their security is always vulnerable and endangered by various factors because they are witness to a phenomenon, a serious criminal offense that is of particular importance to the judiciary for obtaining Adequate decision.
The correctional service of the Republic of Kosovo in accordance with the legal infrastructure has established adequate institutions for the custody, security and treatment of prisoners of all categories, such as: pre-detainees, convicted of punishable offenses, convicted of high risk, juveniles and in particular the security and treatment of protected witnesses convicted.
In the institutional treatment of this category of prisoners and in cooperation with the international factor, the correctional service of the Republic of Kosovo in these two years has proved that he is ready to face the adequate treatment of this category of prisoners and their safety, fulfilling international criteria and standards as well as applicable laws.
Keywords. Protected Witness Prisoner, Security, Treatment, International Standards and Legal Infrastructure.
II. DEVELOPMENT
The prisoner is a protected witness
With the onset of bombing by NATO forces [1], new arrests have now started and a large number of citizens have been taken without any reason from the road and without any judicial decision and placed in correctional facilities. Their treatment has been inhuman and witnesses say that they have experienced physical, psychological torture and 24 hours have been given just one daily meal to survive. Some of them unable to cope with this situation have committed suicide and openly asked the regime authorities that it would be better to execute than to be mistreated in the most inhuman way. It is worth mentioning that a number were executed only because they asked for such treatment by the supervisory regime bodies.
After the war, Correctional Institutions in Kosovo were damaged in terms of infrastructure and all other aspects. In this respect, it is worth pointing out that the history of the penitentiary system is an insignificant part of the general history of a state, so the Kosovo institutions are no exception [2]. Initially with the entry of KFOR forces [3] in Kosovo, all institutions: Detention Centers and Correctional Centers, were under the administration and management of KFOR. They initially provided the physical security of institutions and their management. During this period there were still Serbian national staff who were working in Correctional Institutions, and those KFOR enabled them to retreat and to go to Serbia.
Security and Treatment of Prisoners in the Period
Administration by UNMIK.
Kosovo Correctional Institutions have begun to become operational by the end of 1999 by UNMIK [4] within the first pillar of justice as a reserved responsibility of the SRSG [5] and in support of local staff initially started work in November 1999 Detention Center in Prizren [6].
After the War, a non-functional state of affairs, a devastated infrastructure was inherited, but with the help of the international factor, the Institutions have been consolidated and have become operational by meeting the needs of Kosovo for the detention of detainees and convicts. From the very beginning, changing positively to this stage, where significant progress has been made in infrastructure and raising the quality of work, the Pre-detention Center in Prizren has been opened and functionalized to continue with the consolidation of the infrastructure of Correctional Institutions in: Dubrava , Gjilan, Lipjan, Peja, Mitrovica, and then in all other Centers of Kosovo [7].
The Kosovo Correctional Service under international monitoring has continuously recruited local correctional staff to meet the needs of the functioning of this service [8], which under these conditions has faced many challenges not to overlook the aspects of subculture work at the Detention Center and the Correctional Center [9]. This service is built on international criteria and standards, similar to the most advanced correctional systems in Europe, as international staff has brought the best practices from their countries. Kosovo's institutions prioritized securing the places of detention, ie the placement of detained and convicted persons. In this period we were not ready to face a convicted protected witness because we lacked the legal infrastructure and the facility to establish such a category of prisoners. We also did not have a high security prison, but in a modified facility we have placed high-risk prisoners, resulting in 3 times the prisoners leaving the institution.
The legal basis for the work in the applicable Correctional Institutions was UNMIK Regulation 1999/24, which made the Law on Execution of Criminal Sanctions of 1977 applicable. Also applicable were the European Prison Rules as well as international standards that were applied directly to Correctional Institutions.
However, it is worth mentioning that a protected lawyer was needed for a law that would define the standards and standards for providing and treating this category of prisoners.
Security and Treatment of Prisoners Protected Witnesses under the Administration of the Ministry of Justice of the Government of Kosovo
With the transfer of competencies from UNMIK to the Government of Kosovo [10]. In June 2005, by UNMIK regulation no. 2005/53 the legal basis for the establishment of the Ministry of Justice was established and the initial competencies were determined and in March 2006 the Ministry of Justice started its work. After this phase in Kosovo Correctional Service was recruited completely new management from local staff and independently developed by UNMIK under the leadership of the Ministry of Justice. This period of competence passage extended extensively to the declaration of Kosovo's Independence in 2008 and the same has been of particular interest for the continuity of the professional work of correctional institutions [11].
During this period, weaknesses were observed in the management of high-risk prisoners and prisoners of protected witnesses.
Kosovo did not have a high security prison, nor a prison for a convicted protected witness, which made it difficult to manage this category of prisoners.
Thus, the Prison for Protected Witnesses was initially established in 2009, which became operational in 2011, and the High Security Prison was started in 2012, and is now expected to function in October this year 2013.
Security and Treatment of Protected Witnessed Prisoners
With the construction of the Prison for Protected Convicted Witnesses, the conditions were created for this category of prisoners to be placed in an adequate Institution where the level of security and treatment was in accordance with the needs, law and international standards.
The Witness Protection Unit has been opened in July 2011. Since the beginning of October 2011 there has been a set of detained protected witnesses
The detention, maintenance and security of this category of prisoners has attracted the attention of all media, the general public and other factors. This issue has mobilized us to increase the level of security in this Institution, to increase the level of security, to increase the professional level of staff work, to have a modern technique for the technical security of witnesses, and in addition to the physical security offered by the prison, to be more professional in accomplishing our mission in managing this category of prisoners. The current situation requires the attention and permanent care of both the professional staff working as well by the state bodies, the Government, the Ministry of Justice, must do much more. so that this institution can achieve its main goal, which is to "provide a safe and secure environment for those inmates who enter the witness protection program.
The creation of conditions for the treatment of this category of prisoners has motivated others to testify for various criminal offenses despite the fact that they have been involved in the commission of the offense. This is significantly affecting citizens' opinions that nothing remains unpublished and that self-awareness has increased to denounce crime in general.
Far more in our work with this category of prisoners we have faced challenges and problems, but with the support of the international factor - EULEX, Kosovo Police as well as other security and justice bodies in Kosovo we have managed to manage good .
Within the Law and other sub legal acts we have defined the way of professional cooperation between the Kosovo Correctional Service Prison for Protected Convicted Victims and the Kosovo Police.
We carry the transport of convicted protected witnesses, but Kosovo Police is a vehicle that provides transportation, road and Institution where it is sent for hearing, interrogation, or trial. Such cooperation is helping us to have a problem in the security of the protected witnesses. Also creating adequate conditions, health care at the institution, food, activities, free visits etc. They have made our work more secure with this category of prisoners.
In the present situation, it is in need of further support from the competent authorities and the Ministry of Justice to increase its capacity and effectiveness in the protection of prisoners in this program. This program is looking for significant financial resources and looks to the fact that in the future there will be a need for large spending that requires a constant and stable budget line to increase the level of security and adequate treatment of this category prisoners in order to meet international norms and standards. It should be acknowledged that this Institution is costing a lot of Kosovo and must ensure that it has sufficient funds and financial stability in the future. Financial sustainability will contribute to the real perception of work by staff and others and will be in support of security of this category of prisoners as well as general security in Kosovo.
All factors suggest that the number of inmates entering this treatment program will increase over the coming months and years, making it imperative and urgent the need for budget revision and human capacity building.
Problems and difficulties
During the management and work with this category of prisoners we are faced with problems and difficulties, which require a more professional approach and support and permanent support from the competent state organs.
We are missing:
· International best practices regarding the treatment and provision of this category of prisoners,
· Lack of harmonized standards in the witness protection system,
· Unit not yet completed and stabilized,
· Insufficient financial support, for successful work,
· Lack of specialized equipment,
· Lack of adequate training for staff working with this category,
For witness protection, national states have a responsibility, but also a regional approach and cooperation is needed in order to exchange practices and ensure the financial independence of witness protection units.
During this 2 year period I also faced the attempts of the outside groups to eliminate or take the protected witnesses in prison.
In these two cases we hardly managed to provide witnesses and not allow them to be taken by different criminal interest groups. We have also come out thanks to the intervention of the Special Police Unit of Kosovo, which reacted with time and time.
In spite of this we are specific that such attempts will continue to be in the future, but we need to train staff, adopt the best practices of experienced states and have proper legal infrastructure and sub-legal acts that will to cover every element of the work and action of the witness protection unit.
Legal Infrastructure and International Standards
Law no. 04 / L-015 Law on the Protection of Witnesses, based on Article 65 (1) of the Constitution of the Republic of Kosovo. Adopted by the Kosovo Parliament on 29 July 2011. Announced by the decree of the President of the Republic of Kosovo on 12 August 2011, Article 5 par. 1-3 and Article 14.
III. CONCLUSION
Providing a budget for regular funding as well as providing supplementary financial resources for overtime and additional work on different occasions is more than indispensable for good functioning and management. Planning an Emergency Fund to cover the additional costs that are needed for this Institution,
are indispensable for continuous improvement of safety and increased demands for transportation and escorting. Staff structure is determined, depending on
the job at the Witness Protection Prison, in 24 hours, with a total of 53 staff for shifts and holidays. There is now a need to increase the number of staff in the transport of convicted protected witnesses, which is also the need for additional financial means. The nature of work with this category of prisoners makes us think of the most perfect technical means of transport from a security point of view. For a successful job, we have permanent staff training, but now there is a need for specific staff training in the field of transportation, health, treatment programs, and so on. The professional work in the prison for a convicted defense witness has imposed on us that in this institution we also have staff
medical care dedicated only to this category of prisoners. After two years of work, the system is seen
the security technician works well including the camera surveillance system, the alarm signaling system and the alarm system. Despite good cooperation with him
all relevant bodies, there is a need to have a closer and more professional co-operation of the staff of this institution with the justice and security authorities, with the aim of sharing sensitive information to protect the protected witnesses convicted. This information is used to assess any security needs and potential options for relocating witnesses in an emergency and indispensable case. Planning and providing comparable privileges to operating facilities in other correctional institutions is an imperative of our ongoing work. Now we have rehabilitation and therapeutic programs for witnesses, including the activities of
internal and job creation within the institution. It was ensured the continuation of visits, recreation, training, sport, etc.
IV. REFERENCES
Bajgora, Ali .: Some characteristics of criminality and punitive politics in Kosovo, Pristina, 2001.
Elezi, I. And Hysi, Vasilika: Criminal Policy Tirana, 2001.
Gashi, R.: Execution of imprisonment sentence in Albania, Pristina, 2001.
Halili, A: Purpose and reason for the punishment for the crime of murder, Progress-6, Pristina, 1970.
Halili, R: Execution of Penal Sanctions on Juveniles, Progress-10, Pristina, 1970.
Halili, R: Criminal Sanctions as Social Protection Measures, Progress-9, Pristina, 1973.
Halili, R.: Criminal Sanctions according to customary law in Kosovo, Kosovo Textile and Learning Tools Agency, Pristina, 1985.
Omari, L.: State of Law, Tirana, 2002.
Ramadan, M .: Penology and Criminal Sanction System, New Sad-Belgrade, 2003.
Sahiti, E .: Criminal Procedure Law, Pristina, 2005.
Salihi, I.: Criminal Law, Pristina, 2003,
Salihi, I.: Juvenile Criminal Law, Pristina, 2005.
[1] For more see, Bill Clinton, (2004), My Life, Knopf Doubleday Publishing Group, Washington.
[2] Sadiku, Isuf, (2010), Execution of criminal sanctions in light of new international acts, Papirus Print, Gjilan.
[3] Major General Volker Halbauer (2012), Kosovo Force, Key Facts and Figures, Bruxelles.
[4] United Nations Mission in Kosovo.
[5] The SRSG is an abbreviation for the title "Special Representative of the Secretary-General of the United Nations".
[6] For more information, see the Ministry of Justice of Kosovo. http://www.md-ks.org/?page=1,62
[7] Yes
[8] Yes
[9] Kauffman, Kelsey, (1998), Prison Officers and Their World, Harward University Press, London.
[10] In June 2006, the transfer of competencies from the UNMIK Department of Justice to the Ministry of Justice of the Government of Kosovo was realized.
[11] Dreshaj.Arben, (2010), Role and importance of correctional institutions in the resocialization of convicted persons, Lithograph, Gjakova.