Kosovo: Prison, Structure Prisoners' Rights, and the Treatment of Prisoners

Abstract

Prisoners' rights are a critical aspect of human rights. Special attention should be given to the protection of prisoner' rights, as these members of society have been deprived of one of the most basic freedoms, their personal liberty. To further complicate matters, many prisoners lack access to adequate legal support to ensure their rights are respected once they fall under the control of the criminal justice system. As the Republic of Kosovo is a relatively new sovereign state, the eyes of the international community will carefully monitor how the criminal justice system operates to ensure that it complies with all internationally accepted standards of care for prisoners. Accordingly, the treatment of prisoners confined within the various institutions in Kosovo may serve as a barometer to measure how well the country is conforming to international human rights standards. This paper will provide an overview of the organizational structure of the different types of correctional institutions in Kosovo, discuss the basis for prisoners' rights, and examine whether or not correctional institutions in Kosovo are conforming with the relevant protections guaranteed to inmates by international law. Identifying areas where Kosovo may be struggling to meet their legal obligations to prisoners is necessary in order to properly assess how Kosovo has progressed in their efforts to comply with both domestic and international law. Future efforts should be directed at not only identifying deficiencies, but in offering practical suggestions as to how these problems may be remedied. Continued partnership between government and the civil society organizations is the most likely avenue for Kosovo to achieve its aspirational goals, and additional efforts should be made to review these partnerships and assess their effectiveness.