FACULTY OF LAW MASTER STUDIES PROGRAM: CRIMINAL LAW TREATMENT OF CONVICTS WHILE IN THE CORRECTIONAL CENTRE DUBRAVA Mentor: Prof..Dr. Rexhep GASHI Candidate: Rasim SELMANI Prishtina 2014 1
CONTENT INTRODUCTION 1. Objective of the paper 2. Reasonability of the paper 3. Methodology of the work CHAPTER I BACKGROUND AND ORGANIZATION CORRECTIONAL CENTER IN DUBRAVA 1. History, space and location in Correctional Center in Dubrava 2. Internal structure and organization of Correctional Center in Dubrava 2.1. Director of the Institution 2.2 Key services Institution 2.2.1 Legal and Administrative Service 2.2.2 Security Service 2.2.3 Socialization and Rehabilitation Service 2.2.4 Health Service 2.2.5 Economic and Financial Service CHAPTER II ACCEPTANCE, SETTING, CLASSIFICATION AND STRUCTURE OF THE CONVICTS IN THE CORRECTIONAL CENTRE IN DUBRAVA DURING 2007-2012 1. Admission of convicts in Correctional Center in Dubrava 2. Placing convicts in Correctional Center in Dubrava 3. Classification of convicts 4. Regimes 4.1. Basic regime 4.2. Standard regime 4.3. Advanced regime 5. The structure of convicts 5.1. The number of convicts in the Correctional Center in Dubrava 2007-2012 5.2. Age of sentenced persons 5.3. The amount of punishment of sentenced persons 5.4. Types of committed criminal offence by convicts for the period 2007-2012 5.5. Recidivism of convicts 5.5.1. Data on recidivism in Dubrava prison during the period 2007-2012 CHAPTER III ROLE OF PENITENTIARY STAFF IN THE TREATMENT OF CONVICTS IN CORRECTIONAL CENTER IN DUBRAVA 1. The role and importance of social officers on treatment of convicts 2. The role and importance of the instructors on treatment of convicts 3. The role and importance of the psychologist/psychiatrist on treatment of convicts 4. The role and importance of the educational workers on treatment of convicts 5. The role and importance of correctional officers on treatment of convicts 2
CHAPTER IV RIGHTS OF SENTENCED PERSONS AND MAINTAINING ORDER AND DISCIPLINE IN CORRECTIONAL CENTER IN Dubrava 1. Obligations of convicts 2. Maintaining order 3. Disciplinary violations 4. Disciplinary measures 5. Disciplinary procedures 5.1. Treatment during the execution of the disciplinary measure of solitary confinement Conclusion Bibliography 3
INTRODUCTION 1. Objective of the paper Objective of study and research in this paper is the treatment of convicts during their stay in the Correctional Center in Dubrava, the story of the founding of this institution and its organization, the treatment of the area of the institution, the capacity that owns and activities in achieving the goals of the process of socialization, rehabilitation and reintegration of convicts into society. Kosovo, after the war and onwards has installed a relatively good correction in the Correctional Service, ensuring basic rights for detainees as: the right for food that is suitable for maintaining the health of convicts, the right to establish in suitable space, which means that there must be sufficient space and natural light, the right for the education of convicts during their stay in prison, for communication with the family, the right for the realization of free visits for the convicts with their family, their correspondence, contact with his defense, sports and recreation activities, breaks outside the rooms in shared spaces, the right to use holiday home, after having met the legal requirements etc. The Republic of Kosovo is a new state, which has gone through difficult periods to achieve independence. Till the creation of the state of Kosovo, there was a long way and as a result of centuries-long efforts of the Albanian people, the war of the KLA (Kosovo Liberation Army) and assistance of international allies, we managed to have a new state, recognized by many countries internationally. Assistance from the international community after the war has resulted in the establishment of the Kosovo s institutions and here it should be emphasized the support for the establishment of the Kosovo Correctional Service. For the establishment of this service UNMIK administration, initially implemented legislation that was in force before 1989 in Kosovo, which the legislation was not discriminatory and was not contrary to international laws governing this field. KCS (Kosovo Correctional Servic) is a department within the Ministry of Justice. Within this service there are these types of correctional institutions as: Prisons for the execution of prison sentences and long prison (with the new law in place of long-term detention is now life imprisonment). Detention centers where the execution of detention and sentencing to three months is done. Prisons for women in which the execution of prison sentences and long-term imprisonment, as well as to female minors. Juvenile prisons for execution of juvenile imprisonment. Educational correctional institutions for the execution of the educational measure of 4
sending juvenile offenders in correctional educational institutions, and Hospitals and prison s ambulances where the convicts and detainees are treated. Based on the level of security and how to treat convicts, correctional institutions may be confined, semi-confined and open. The confined type in prison has the following security elements: fences, officers in greater numbers to maintain security, they are equipped with weapons, technical equipment (cameras) and other measures of security aimed at preventing drain the convicts. The semi-open type in prison has no walls surrounding, the supervision of convicts by correctional officers is smaller, but also this type of the prison has physical obstacles such as: barbed wire, correctional officers and other technical equipment (cameras), while the open type prisons do not have these obstacles and have a minimal supervision by correctional officers. Dubrava Correctional Center is the confined type of prison. Within the institution the Dubrava prison has annexes (wards) of high security and annexes (wards) of semi-open type. Part of this research and study is the observation of the overall organizational and security in the institution, with particular emphasis on the applicability of the Law on Execution of Criminal Sanctions, rugulations of prison, administrative instructions, orders and international normative acts such as: Standard Minimum Rules of United Nations and European prison Rules, which are incorporated in the normative acts of the state of Kosovo. The focus of this study, is the treatment of convicts from the moment of accession, during the process of classification, and engagement in the activity. Also, this research study aims to explore the way of oversight that made convicts in the first stage of their stay in prison (observation), who supervises, how decisions are done on the transfer of convicts from the basic treatment, that is the first stage, for standard or advanced treatment, how long must the sentenced person remain under observation, what benefits can the sentenced person benefit and how they affect the socialization of these measures. This study aims to highlight the work methods applied in Dubrava Correctional Center for treatment of convicts. How effitient they were in achieving their reintegration. At the conclusion of this paper we have given conclusion, to which it has become as a result of our research and scientific study, which is dedicated to the current situation in Dubrava Correctional Centre. These conclusions are aimed at increasing the efficiency and quality of its work, so that our penitentiary system is in harmony with the achievements of modern penitentiary system currently applied in western countries. For preparation of this study, international penitentiary acts were used and consulted, penitentiary acts of the country, guidelines, directives, decisions of the Correctional Center in Dubrava, interviews with professionals of that field, the files of convicts and other important data offered for this field in this institution. 5
2. Reasonability of the paper The position of the convicts in the Kosovo Correctional Service, is regulated by the Law on Execution of Criminal Sanctions of Kosovo, and other legal acts. The law that currently is applied, was approved in 2013. The study and research on the subject, we think it is in the interest of the institution, service and society in general, because the research regarding the treatment of convicts in the detention center highlights strengths and weaknesses regarding the treatment of convicts at the center. Dubrava Correctional Centre, is the leading correctional institution in Kosovo, has the largest capacity in the admission and treatment of convicts. Therefore, the treatment of convicts on the basis of standards, will affect the resettlement and reintegration of convicts into society, doing any act or application of any inadequate method in this institution, in order to achieve the rehabilitation and reintegration of convicts, will have an effect in other correctional centers and correctional system in Kosovo itself, and so the penitentiary system will not achieve its intended purpose that it has for the reintegration of convicts. Therefore, taking into account this information, we are determined to study on a deeper scientific research on the issue. Regarding the treatment of convicts, a large number of organizations, associations and local, regional and global institutions are engaged, which aim to achieve a more acceptable and cheaper costly treatment. So, working on achieving these goals in the world today, but also in our country, we have a growing number of large institutions of the open and semi-open type, providing the opportunity for bail and other benefits that are important for the convict, his family and society in general, which are encouraging for the achievement of rehabilitation of convicts. One of the reasons for this research and treatment of this issue is to highlight the data on treatment of convicts in Dubrava Correctional Centre. Another aim of this study is to generate data with which legal acts of KCS function and with specific emphasis Correctional Center in Dubrava, how much do these legal acts get respected by the staff officer of the center on the treatment of convicts, how do the data reflect from this institution on services performed in the treatment of convicts and how they are in harmony with the penitentiary acts. For the proper functioning and adequate treatment, it is expected the preservation of order and discipline by defining the obligations of convicts, disciplinary measures and treatment of convicts in disciplinary offenses. 3. Methodology of the work During the study and research on the treatment of convicts in Dubrava Correctional Centre, it was needed and necessary to use a considerable number of scientific methods. The usage of these methods is intended only to derive information as complete as possible about the treatment of convicts during their stay in the correctional institution. Among research methods and techniques that we used in this study are: the historical method, comparative methods, methods of observation and direct observation, statistical methods, survey methods and interview, statistical evidence, legal methods and other research techniques. Through these methods and research techniques, we have reached to recognize and treat many aspects 6
about the treatment of convicts in Dubrava Correctional Center. Application of statistical methods has made it possible to collect and reflect a lot of data such as: the level of penalties that they have imposed, the level of recidivism, the number of people who have benefited from parole. During the research, we gained important data through the use of statistical methods. These data were obtained from records in Dubrava Correctional Center. By applying historical method, we obtained data on treatment of convicts in the context of political, economic and social circumstances in certain space and time. Through the interview method, which we used with convicts and staff, we provided data and relevant facts to the treatment of convicts in the Dubrava institution. With legal method is possible to establish penitentiary normative acts that are currently implemented in Dubrava Correctional Center, but the implementation of these standards in an earlier period in this institution and the incorporation of international acts into domestic legislation and their applicability. Methods and techniques that were not mentioned have been implemented during the study and research of this thesis. Through these methods we have recognized and dealt with some issues that are important in achieving the process of rehabilitation and reintegration of convicts into treatment while in detention. 7
CONCLUSION 1. Treatment of convicts during their stay in Dubrava Correctional Center in 2007-2012 has made significant progress taking into account the implementation of the rehabilitation and resocialization programs. In this context we can emphasize that the programs which are implemented in the Correctional Centre have been effective and have given satisfactory results in the treatment of convicts. Increasing the employment of convicts in Dubrava Correctional Centre has given good results, since convicts through the job, except that they have been materially benefited, those having participated in the activities, have been removed from unlawful actions, have benefited different benefits, and helped Dubrava Correctional Center with their work. Special program applied in the Correctional Center in Dubrava, who has also given vocational training is the result of convicts, which have benefited from the theoretical and practical training. The convicts, who have completed the training were provided with certificates and are employed in Dubrava Correctional Center in jobs for which they are trained. Besides employment within the institution, convicts have also benefited as they are released, their symbolic number of completed training within the institution are employed in private organizations (so far there are 28 cases registered of employment outside the institution). Contribution in this direction was given by the social officials, who are cooperating with regional centers for social work have managed to employ convicts after their release. Treatment of convicts in Dubrava Correctional Center through reacreational sports programs is also a method which is implemented in the correctional center and has provided satisfactory results, convicts with their active participation are appointed in sports activities, they have managed to maintain and develop their physical and psychological contribution in this direction from the instructors of the sport, who through weekly sports program developed sports activities. It is worth mentioning that in Dubrava Correctional Center held races in various sports disciplines (football, basketball, ping pog, chess, volleyball and handball) attended by the convicts and in the end there s always a winner. This directly affects the promotion of convicts to respect the rules in order to be part of any sporting event organized in the correctional center. Kosovo s penitentiary system, it can be said that with its normative acts has established a good base of operation, which has incorporated a number of international norms governing the contemporary penitentiary system. During my work in this paper I have tried to reflect the work and the methods that were applied in treatment of convicts in this institution. 20-years period on the establishment of Correctional Center in Dubrava, can not be considered as an institution that has a long history of corrective activity. However, during this period, this institution has had various developments that in some moments were not in harmony with the aim of establishment. The treatment of the subject in this paper we have divided into four chapters. The first chapter is about the history and organization of Correctional Center in Dubrava, the difficulties of the center over the years, the reorganization of the center after the war, the system installed by the administration of UNMIK to the granting of powers from local institutions for leadership of the correctional center. In this chapter it reflects the services provided to treatment of convicts and their resettlement. Then, in the second chapter I describe the way the acceptance of convicts in Dubrava, placing them in rooms of reception and the development of the observation phase process towards convicts. In this chapter are presented the types of 8
treatments through which the convicts pass (classification across regimes). I have tried to provide data from statistical evidence available to the administration of Correctional Center in Dubrava, and through these figures have drawn a conclusion on the progress of the treatment of convicts, considering the number of convicts who remained in the institution of Dubrava 2007-2012 years, determining the age of the convicts, the level of penalties for some offenses, the rate of recidivism and the importance of these institutions in the growth of the reintegration of convicts process. During this study we observed that the acceptance of convicts is in compliance with laws and internal rules of Correctional Center in Dubrava, difficulties were noted as regards the establishment and classification for certain treatment, since there are no spaces required for certain category of the convicts. Rating convicts from interdisciplinary team is made in accordance with the rules, but there was lack of individual planning of convicts, which means monitoring, observation or supervision of social officer for the inmate from the moment of acceptance until his release from prison. In the third chapter, we addressed the role and importance of the services in the treatment of convicts and achieving the process of their rehabilitation and reintegration. In this chapter we have presented statistics on the number of convicts who have attended in the educational process and their participation in training for 2007-2012. This part is presented with examples and illustrations with photographs. Referring to these data we can conclude that these services with their team or individual work, have been serving the treatment of convicts with a view to their rehabilitation and reintegration. In order of a better treatment of convicts the number of teaching staff and social officials should be increased, because for now this number is not in accordance with the number of convicts in a correctional institution, and also a social official deals with 80 convicts which makes their professional work difficult. In the fourth chapter, we handle the obligations of convicts who have disciplinary violations while in prison, disciplinary measures used in the institution of Dubrava, in order of stoppage and continuance of deterioration of law and order in this institution and have reflected some concrete cases on how to proceed against convicts who commit disciplinary offenses. During this research we concluded that imposed disciplinary punishments on the convicts were in full compliance with disciplinary violations committed by convicts during this period. 2. Correctional Center in Dubrava, is the center with the largest capicity for the acceptance of convicts, meanwhile the Correctional Center in Lipjan is the center where the minors and women are prisoned, as well as Smrekonicë Correctional Centre which accepts convicts with low risk and level of the sentence to 2 years. The commitment of the Ministry of Justice to create conditions for the treatment of convicts is ongoing. Here a number of pavilions are repaired that were damaged during the war of 1999. Also, new pavilions and objects (workshop) were built, where they can engage convicts in work. Construction of the buildings where to put convicts is one of the basic preconditions for further continuation in dignified treatment, better classification and achievement of the socialization process and their reintegration them into society. However, even after a considerable investment in building the infrastructure of residential buildings and other associated facilities, it can not be said that the desired goal of a genuine observation and classification is achieved, much remains to be done to achieve this goal. Implementation of observation is considered one of the goals to achieve individualization of their treatment. In the implementation of the penitentiary system in Kosovo, it is necessary to make some additions and changes in 9
penitentiary normative acts. In the room of receiving convicts (ward admission) is required to create conditions for permanent residence of the interdisciplinary team as: social worker, doctor, psychologist, psychiatrist, lawyers, etc., who closely could observe convicts and in cooperation between them, the work of the team would be more fruitful in defining the further treatment of convicts. Consider the possibility of establishing a specialized center of scientific observation, where convicts will be observed from a specialized team based on criteria set in advance. 3. One of the conditions that affect the proper treatment of convicts is the lack of correctional facilities that are inadequate. At this moment when we are treating this topic, Smrekovnic Correctional Center is functioning as the center, which accepts the level of punishment sentenced to two years and with low risk. The functioning of this center has slashed the number of convicts with sentences of up to two years in prison in Dubrava. With the increasing of receiving capacities for convicts, in Kosovo's prisons will enable adequate treatment of convicts in Dubrava Correctional Center. 4. The declaration of independence of the state of Kosovo on 17.02.2008 also that came into force with one of the highest legal act of the country on 15.06.2008, it was necessary the beginning of amending laws that were approved before that date. Thus, the discussions began about the country's legislative body to amend them in accordance with the Constitution. There were changes in the Law on Execution of Criminal Sanctions, which defined the work and functioning of the correctional system, treatment of convicts and competencies. Here I take into account the rights and responsibilities of each service that operates in the correctional service. The advancement review of persons in management positions of correctional institutions should be in harmony with the laws and standards that are required, meeting the criteria set forth as: work experience, professional training, the credibility of the person, motivation and support of employees who exceed expectations, it will affect managerial capacity increasing in Kosovo Correctional Service. Ministry of Justice - Correctional Service of Kosovo shall issue the Internal Affairs Regulation, in which all activities of correctional and administrative staff as well as the rights and obligations of convicts will be adjusted in simple and understandable way. Gaps can be seen in the fact that the laws have changed several times so far, but internal rules of correctional service have not changed since 2007. The possibility of paper (printing) of the Rules of Internal Affairs in suitable ways for the transmission featured by correctional staff and staff should be obliged to teach, because it will affect the growth of quality in work. Currently, there is an internal regulation which was issued in 2007, it was adopted by the previous regulation, which was implemented by UNMIK administration. Also, there is a significant number of administrative instructions which were issued by the Ministry of Justice in 2009 and 2012. 5. Acceptance of convicts in Dubrava Correctional Centre and deadlines in the alternation of treatments for convicts is clearly defined, but the issue still remains open and not well resolved, the category of convicts who have been imposed the punishment, is not the final punishment. For this category of convicts, it is necessary to undertake legal concrete actions, so that even this group of convicts gain some benefits as: the alternation of treatment, the right to use the visit in special locals, engaging in work outside the ward, since the duration of the punishment in the first section to his final section in some cases is prolonged. The issue of the alternation of treatment for this category is regulated, but after suffering 1/3 of the 10
punishment. I think this solution is not adequate, because from experience in daily work with these people, this requirement discourages them emotionally and does not have any reason to show good behavior while in prison, since they can not take advantage of benefits, as convicts who have the final punishment, and this is due to delays in the completion of cases by the courts, since there were cases that the convicted has completed the punishment without the final punishment being made. 6. Another issue that I think needs to be addressed from Dubrava Correctional Center, is the opening of new work places for convicts. Dubrava Correctional Center has a great economic and social potential. The use of this possibility would have a positive effect for convicts, both for the institution and the country of Kosovo. Engaging convicts in work will have a good effect, because it would create work habits, benefit professional training and personal income. All these benefits for them, will add hope to achieve the socialization and reintegration process into society easier. In this case the institution would benefit, would much easily maintain the law and order, would create its own revenues, which could be invested in creating even better conditions for convicts and staff employees. Also, the state will benefit in reducing the costs from its own budget and the implementation of international standards in penitentiary system would be easier and better. 7. Applied methods by employees as correctional officers, social officials etc., in the treatment of convicts in Dubrava Correctional Centre, are: individual and group. The particular importance is the individual treatment as: interviews, counseling, free conversations that take place between convicts and social officer, without the topic of conversation being previously determined. In order to implement the individual method is also the punishment s planning, targeting the convict from his acceptance in the prison until his release followed by a social official. This method has been implemented, but not to a great extent, because the barrier to full implementation appear from the objective factors: insufficient lack of space (offices), tools etc. 8. Penitentiary system in Kosovo, it can be said that in its system incorporates best international normative acts, in order to better treatment of convicts in correctional centers. However, this system to be fully operational with its goals, should consistently engage competent authorities for creating favorable conditions, for convicts, as well as for the employees of this service. The state of Kosovo, respectively component bodies in the field of penitentiary system, should engage more in the implementation of all international regulations and standards. Implementation and increasing of the work s coordination of responsible institutions: the Government, the Ministry of Justice, the Central Directorate of KCS and other governmental and non-governmental organizations, will affect the growth of socialization and reintegration processes of convicts in the society, reduce the number of cases of repeated offenses by persons who have been previously convicted. The increasing or decreasing of the number of recidivism, I think it is a fact that shows the commitment of everyone in carrying out the tasks and success at work. The engagement of the responsible bodies at the central level results in issuing the law and regulations which aim to achieve the final goal. However, it is necessary that the whole process at work with convicts to be done by all the services, such as: security service, social service, health service etc., offered within the institution, specifically in Correctional Center in Dubrava, should be well coordinated and 11
that there is a spirit of understanding among them. There can be no meaninful combat of negative phenomena in society, without the functioning of this important link of justice, because all the work of the judiciary such as the police, prosecution, courts, etc., are intended to punish offenders according to the law and the inmate must remain in prison, while the failure to the appropriate level of the convicts will reflect on the not meaningful functioning of the justice system and the process of socialization and reintegration of convicts into society will not be reached. During the scientific research I found that there are difficulties in the treatment of convicts and the implementation of resettlement of convicts. I have derived these difficulties or shortcomings into several groups: The small number of social officials in relation to the number of convicts in Dubrava Correctional Centre, this presents difficulties as a social official to deal with about 100 convicts. Lack of sufficient space for the classification of convicts according to the law presents difficulties and being under constant pressure for the setting of convicts. The limited number of jobs for convicts is one of the difficulties that directly affects the resettlement of convicts. Lack of budgetary funds - Dubrava Correctional Centre being the main correctional center is required to have sufficient budget funds for implementation of projects, supplies, maintenance. This budget should be decentralized, in order not to face the lengthy procurement procedures for the implementation of projects. Staff that requires adequate preparation and training - preparing staff should be in continuity with adequate training and also with the educational and professional increase. Supervision and continuous consoling - supervision of staff in general should be continuous and assessment reports for each member of staff should include current data in order to have a clear picture of each member of staff, that will affect in raising the quality of work. Disciplinary measures for non-compliance of the order - through disciplinary measures there would be increasing of efficiency in the performance of all employees and would impact directly on the establishment of discipline. Motivation - employees who demonstrate success in work should be motivated to provide an opportunity for career advancement, personal income and other benefits. All of these will affect the rest of the staff in performing their duties correctly and efficiently. Non politicization of the leadership structures and nepotism - correctional institutions should not be politicized, because it represents a huge risk that is reflected in the 12
treatment of convicts and staff on political grounds, that would be bad example for correctional institutions and for Kosovo, legal procedures should be stored and applied strictly in the selection of staff, nepotism which is in Dubrava Correctional Centre, which also is a result of a narrow employing circle, to consider whether it will be possible for staff to change from other institutions (transfers from one institution to another). If the competent authorities, in this case Correctional Center in Dubrava - Kosovo Correctional Service, Ministry of Justice and the Government engage in correcting these problems, shortcomings, then there will be adequate treatment and re-socialization to convicts. 13