The OSCE Mission in Kosovo today published its latest focused report on the imposition of detention measures on defendants with mental health needs.
The report provides an analysis of data collected from detention on remand hearings monitored by the OSCE from January to December 2022 and identifies trends in prosecution, defence and court practices.
The report notes that, in the majority of cases involving defendants with evidence of mental illnesses, no psychiatrist examination was conducted prior to ordering detention on remand, departing from Kosovo procedural law and international standards. This raised the concern of possible inhuman and degrading treatment under Article 3 of the ECHR.
The report also highlights the fact that a key medical facility in Kosovo for persons with mental illness, the Institute of Forensic Psychiatry, has a shortage of beds. For all defendants, but especially those with mental illness, detention in a prison should be a measure of last resort. Appropriate alternatives should be considered.
"Imposing detention on defendants with mental health needs in environments deprived of any mental health care creates a risk of exacerbating their condition and thus raises serious concerns with regard to the fundament rights of these persons of particular vulnerability," said Michael Davenport, Head of the OSCE Mission in Kosovo.
While acknowledging instances of good practice, the report underscores the need to account for a defendant's mental health condition when deciding on the imposition of detention measures, as well as the need for providing tailored measures to address the defendant's vulnerability.
The report concludes with recommendations for key institutions in the Kosovo judicial system, underlining the importance of specialized training for judges, prosecutors and attorneys dealing with cases involving defendants with mental illnesses.
The full report is available here: https://www.osce.org/mission-in-kosovo/562674
