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REGIONAL MONITORING REPORT the MONITORING WAS CONDUCTED DURING June - October 2015 REGIONAL MONITORING REPORT THE MONITORING WAS CONDUCTED DURING June - October 2015 Swiss Confederation REGIONAL MONITORING REPORT This report is produced within the project “Acting regionally for a better respect of persons with mental health problems”, funded by the Swiss Federal Department of Foreign Affairs “The purpose of the present Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities and to promote respect for their inherent dignity” Article 1, UN Convention on the Rights of Persons with Disabilities Swiss Confederation This publication is part of the regional project “Acting regionally for a better respect of persons with mental health problems”, implemented by the Albanian Helsinki Committee in cooperation with the Helsinki Committee for Human Rights in the Republic of Macedonian, the Helsinki Committee for Human Rights in Serbia and Kosovo Rehabilitation Center for Torture Victims, and funded by the Swiss Confederation, represented by the Swiss Federal Department of Foreign Affairs through the “Human Security Division.” Swiss Confederation Helsinki Committee The Kosova Rehabilitation of The Republic of Macedonia Centre for Torture Victims This publication’s content are the sole responsibility of the Albanian Helsinki Committee and partner organizations, and does not reflect the position of the Swiss Confederation represented by the Swiss Federal Department of Foreign Affairs acting through the “Human Security Division.” Supervision and scientific editing: Vjollca Meçaj, Executive Director Project leader: M.A Klejda Ngjela, Projects Manager Compiled the report: Klejda Ngjela, Iva Bregasi, Liljana Palibrk, Jelena Mirkov, Voislav Stojanovski, Neda Calovska, Igor Jadrovski, Elena Brmbeska, Alban Muriqi, Fatmire Haliti, Alban Krasniqi Translation: Anri Pashaj For more copies of this report, contact the Albanian Helsinki Committee at the following address: Komiteti Shqiptar i Helsinkit Rr. Brigada e VIII-të, Ap. 10, K. 5, P.O Box 1752 Tirana, Albania Tel/Fax: ++355 (0)4 223 36 71, ++355 (0)69 407 57 32 web address: www.ahc.org.al E-mail: [email protected] https://www.facebook.com/KomitetiShqiptarIHelsinkit Author: @ Komiteti Shqiptar i Helsinkit All rights reserved. No part of this publication may be reproduced without permission of the Albanian Helsinki Committee. CONTENTS A. FOREWORD....................................................................................................................5 B. METHODOLOGY...........................................................................................................7 C. EXECUTIVE SUMMARY............................................................................................10 1. KOSOVO MONITORING REPOrt.............................................................20 1.1 LEGAL FRAMEWORK.........................................................................20 1.2 InSTITUTIONS MONITORING REPOrt.......................................21 1.3 RECOMMEndatIONS.........................................................................38 2. ALBANIan MONITORING REPOrt..........................................................40 2.1 LEGAL FRAMEWORK.........................................................................40 2.2 InSTITUTIONS MONITORING REPOrt........................................45 2.3 RECOMMEndatIONS...................................................................84 3. SERBIAN MONITORING REPOrt..............................................................86 3.1 LEGAL FRAMEWORK.........................................................................86 3.2 InSTITUTIONS MONITORING REPOrt........................................90 3.3 RECOMMEndatIONS.........................................................................136 4. MACEDONIAN MONITORING REPOrt.................................................139 4.1 LEGAL FRAMEWORK......................................................................139 4.2 InSTITUTIONS MONITORING REPOrt....................................149 4.3 RECOMMEndatIONS..............................................................166 D. GENERAL RECOMMEndatIONS.......................................................................168 4 REGIONAL MONITORING REPORT The monitoring was conducted during June - October 2015 5 A. FOREWORD Independent human rights monitoring and documentation are a vital source of information for governments and civil society as they seek to advance the rights of people with mental health issues. The report serves as a clear call for more awareness and greater action by gov- ernments which have ratified the UN Convention on the Rights of Persons with Disabilities (CRPD), which Albania ratified in 2012, Serbia in 2009 and Macedonia in 2011. With regard to Kosovo, it should be mentioned that Convention is not ratified by the state since the country is not a UN-member. However many of the pro- visions of this Conventions were included within different human rights laws of the country. All these countries have expressed the will that someday be part of the European Union and are on differ- ent stages of the European integration processes, which require a lot more efforts from the governmental bodies and society in general to meet the standards in this area. The CRPD, as the heights standard in this regard, came into force in 2008 and its purpose is to “promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inher- ent dignity”1. People with mental health issues are, for the purposes of the Convention, “persons with disabilities” and thus are entitled to the rights it sets out. The emphasis of the Convention is on remov- ing disabling barriers which “may hinder [people’s] full and effec- tive participation in society on an equal basis with others”. 1 Article 1 of the CRPD; 6 REGIONAL MONITORING REPORT In common with the situation in many other countries, persons with mental health issues in this region are still frequently deprived of their liberty and placed in psychiatric institutions. To change this situation, as a matter of urgency, the governments should implement Article 19 of the CRPD2. This requires governments to take steps to ensure that persons with mental health issues live safely in their communities with choices equal to others. The governments must close facilities that result in long-term incarceration. Facilities such as the Kruja Prison, Elbasan Hospital, Shtime Center, etc, which seg- regate and isolate people for long period of time, should be closed or redesigned, in order to ensure that residents are supported to be fully included in their communities, as everyone else. Social and institutional discrimination faced by persons with mental health issues is very present at the Balkan region. The persistent disregard for rights of people with mental health issues often stems from deeply-ingrained stigma, which remains a very present global phenomenon. Stigma breeds exclusion, discrimination and criminal neglect. Action to stop ill-treatment and other forms of abuse should be swift. Hopefully, the evidence established by this report will provide mo- mentum to decision-makers to undertake reforms, and will inspire others and persons with mental disabilities themselves to come forward and advocate for change. We need leadership both within government and outside it, to create more inclusive societies. We hope that the respective governments will take appropriate actions to change the situation. Albanian Helsinki Committee (AHC) together with its regional partners, the Macedonian Helsinki Committee (MHC), Kosovo Re- habilitation Centre for Torture Victims (KRCT), and Committee for Human Rights in Serbia (CHRS) would like to thank the Swiss Fed- eral Department of Foreign Affairs for financially supporting this regional initiative. 2 “Living independently and being included in the community” The monitoring was conducted during June - October 2015 7 B. METHODOLOGY In the framework of the project “Acting regionally for a better respect of persons with mental health problems” funded by the Swiss Federal Department of Foreign Affairs, AHC together with its regional partners undertook several joint monitoring visits in all the four countries involves such as, Kosovo, Albania, Serbia and Macedonia. During the months of July-October 2015 there were held eight joint monitoring visits in all the above mentioned countries, in the fol- lowing institutions: - Institute of Forensic Psychiatry in Pristina, Kosovo - Center for Integration and Rehabilitation of the Chronic and Psychiatric Patients in Shtime, Kosovo - Special treatment institution (penitentiary institution) in Zaha- ri, Kruja, Albania - Psychiatric Hospital in Elbasan, Albania - Special Hospital for Psychiatric Illness in Vrsac, Serbia - Special Prison Hospital in Belgrade, Serbia - Psychiatric Hospital in Demir Hisar, Macedonia - Psychiatric Hospital in Skopje, Macedonia. Despite the joint monitoring visits, each partner organization has monitored independently in total 16 other psychiatric or penitentiary institutions, depending on where the patients with mental disabili- ties were held. The following are the institutions in which were con- ducted the monitoring visits by the partner organizations: 8 REGIONAL MONITORING REPORT - Integrated Community Houses in Bresje, Kosovo - Integrated Community Houses in Ferizaj, Kosovo - Integrated Community
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