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05.9.2017

The Ombudsperson published the Report with Recommendations related to the Right on Education of Persons Deprived of Liberty

The Ombudsperson has delivered to the Ministry of Education, Science and Technology (MEST) and the Municipality of Lipjan, the Report related to the Right on Education of persons deprived of liberty, actually, related to the failure to comply with legal deadline for commencement of educational process in the Correctional Centre in Lipjan.

This Report has been ex-officio initiated upon publishing of Koha Ditore’s article with the title “Teaching process again fails to start in the Correctional Centre in Lipjan” dated on 29 September 2016. The purpose of this Report is drawing attention on delays and omissions related to educational process organizing in the Correctional Center in Lipjan (CCL) in the function of accomplishment of the right to education for the juveniles incarcerated there.

Ombudsperson Institution, respectively NPMT officials within their mandate to inspect palaces where people deprived of their liberty are being hold (in compliance with Optional Protocol to the Convention Against Torture (OPCAT)), visited CCL and found that the school year for the juveniles in the CCL was belated, it’s commencement has continuously been delayed. Apart this, another concern is the lack of certificate and diploma issuance for juveniles (pupils) who attended school in the CCL.

Delays in commencement of the school year and the deny of the right to attend school and finish schooling upon CCL leaving are opposite with the Constitution (Article 47, paragraph 2), the ECHR (Article 2 of the Protocol Nr.1) and standards set by ECtHR, etc.

The lack of coordination between responsible institutions has headed to the failure of accomplishment of legal liabilities related to the educational process for the juveniles who are confined in CCL, further holds the Ombudsperson in the above given Report. MEST has failed timely to perform its legal obligations regarding commencement and the flow of the educational process of juveniles in CCL. In particular, with regard to the issuance of sub-legal acts for this purpose, clear definition of competencies in relation to MED in Lipjan, allocation of sufficient budget, provision of timely and sufficient number of teachers.

As a conclusion, the Ombudsperson considers as mandatory that MEST, as well as other responsible institutions, undertake timely actions, in compliance with legal and constitutional responsibilities, that these policies are not repeated in the future.

On the other hand the Ombudsperson recommends the MEST that on the bases of its legal and constitutional responsibilities, undertake necessary measures to issue sub-legal acts as provided by law related to organization of the educational process for persons deprived of their liberty, including juveniles residing in CCL, by addressing their needs. In this context, it is necessary to amend also paragraph 1 of Article 4 of Administrative Instruction no.16 / 2011, of 30.12.2011, in order to find a solution for request on altering of educational profiles for students in CCL beyond deadlines that are currently set out in this instruction. Through sub-legal acts, responsibilities which are entrusted to MEST and municipalities, in this case, municipality of Lipjan for the regular flow of educational process, to be clearly defined. Further, to allocate on time and according to needs the budget related to the organizing of educational process in CCL as well as other correctional facilities.

While to the municipality of Lipjan, the Ombudsperson recommends that without further delays to undertake all necessary actions to provide juveniles with school documents when released from based on the Decision of the Minister of MEST No.294/01B of 22 October 2012, and in cooperation with MEST

This Report with Recommendations, in its full form, has been delivered to the responsible authorities as well as has been disseminated to media and published on OI official web page in the following link: http://www.ombudspersonkosovo.org/repository/docs/ANG-_RAPORTI_ne_lidhje_me_te_drejten_ne_arsim_139955.pdf
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