A/HRC/40/59/Add.1
from seeking international protection while in Serbia and added more uncertainty and
frustration to their precarious situation.
55.
Furthermore, single men reportedly had almost no prospect of crossing the border
through regular channels. They explained that they were in regular contact with smugglers
with a view to pursuing their journeys to neighbouring European Union countries. The
Special Rapporteur was alarmed by the countless reported attempts made to cross the
Serbian border. In order to avoid prolonged waiting periods and to avoid being transferred
to reception centres further away from the border, some single men and adolescents chose
to live in forests and other unofficial sites close to the international borders, from where
they repeatedly attempted to cross to neighbouring countries. That is often done with the
help of smugglers, at the cost of their safety and with an increased risk of violence,
exploitation and trafficking.
56.
The Special Rapporteur notes with grave concern numerous and consistent
allegations by single male migrants of having suffered ill-treatment at the hands of the
border police of Bulgaria, Croatia and Hungary when attempting to cross the border from
Serbia into those States. The migrants concerned reported that they had been beaten with
fists and truncheons, kicked or even injured by dogs. Based on interviews conducted with
health professionals at migrant reception centres and on his own analysis of individual
medical records, the forensic expert accompanying the mission was also able to confirm
traumatic injuries consistent with the allegations received.
57.
During the visit the Special Rapporteur did not receive any serious allegations about
ill-treatment or other abusive behaviour on the part of Commissariat staff. Nevertheless, he
is concerned that the procedure for individual complaints, which remains within the
hierarchical structure of the Commissariat, does not provide for sufficient independence to
ensure a reliable and impartial investigation.
58.
The Special Rapporteur encourages the Serbian authorities to complement their
humanitarian response with an action plan envisaging long-term and sustainable integration
measures in line with the momentum provided by the ongoing reform of the law on asylum.
III. Kosovo
59.
In the course of his visit to Kosovo from 21 to 23 November 2017, the Special
Rapporteur and his team visited the holding premises of the police station in Pristina, the
High Security Prison in Podujevë/Podujevo, the correctional institution of Dubrava prison,
and the examination and treatment wards of the psychiatric institute of the Pristina
University Hospital.
60.
Throughout his visit, the Special Rapporteur was able to meet with representatives
of the respective institutions, including management, security and medical staff, and to
interview detainees and convicts of his choosing in private, in full compliance with the
terms of reference of the mandate of the Special Rapporteur.
A.
1.
Legal framework
Criminalization of torture and ill-treatment
61.
Article 27 of the Constitution of Kosovo (2008) provides that no one shall be subject
to torture, cruel, inhuman or degrading treatment or punishment, and article 22 of the
Constitution expressly guarantees all the human rights and fundamental freedoms that are
set out in several international human rights instruments including, among others, the
Universal Declaration of Human Rights, the European Convention on Human Rights and its
Protocols, the International Covenant on Civil and Political Rights and its Protocols and the
Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or
Punishment.
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