They have been raising the alarm ever since several parties in 2021 entered into a political agreement in Denmark that the country should work towards renting 300 prison places in Kosovo for convicted criminals from third countries who are subject to deportation.
With that agreement in mind, and the fact that prison officers from Kosovo are to be trained in Danish prison practice, it is worrying that two Kosovar officers under training have been charged with assaulting an inmate while on duty at Vestre Fængsel.
Both of the accused deny the charges.
Read also: Prison officers from Kosovo under training charged with hitting inmate at Vestre Fængsel ( https://www.dr.dk/nyheder/indland/faengselsbetjente-fra-kosovo-under-oplaering-sigtet-slaa-indsat-i-vestre-faengsel )
Nevertheless, it is unsettling when some of the officers who are supposed to be trained to comply with Danish rules are charged with failing to behave according to the rules in Denmark.
That is the reaction from the organisation Dignity – Danish Institute Against Torture.
"I am definitely not at ease."
"I fear that this practice could continue," says Therese Rytter, legal chief at Dignity.
She has also, over the past 12 years, been a member and vice-president of the Council of Europe's Committee for the Prevention of Torture.
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UN has previously criticised the agreement
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In 2022, then Minister of Justice Nick Hækkerup (S) signed a treaty with his Kosovar ministerial colleague. It formalised the agreement that Denmark can rent prison places at Gjilan Prison in Kosovo.
As Minister of Justice, Nick Hækkerup (S) signed the agreement with Kosovo in 2022 on the framework for Denmark to rent prison places at Gjilan Prison in southeastern Kosovo, with a view to up to 300 convicted foreigners subject to deportation serving their Danish prison sentences or placements in secure care there. (Archive photo) (Photo: © Liselotte Sabroe, Ritzau Scanpix)
However, the construction of the prison in Kosovo has been delayed, so the prison places can be taken into use at the earliest at the end of 2027 and possibly only at the beginning of 2028, it was stated in September in a written quote from Minister of Justice Nicolai Wammen (S).
According to the agreement, convicted foreigners subject to deportation are to serve their sentences in Kosovo under the same conditions as in a prison in Denmark.
This means that the inmates' conditions, rights, and duties must fundamentally correspond to the conditions in a Danish prison, and Denmark's international obligations must also be observed in the prison, writes Danish Prison and Probation Service ( https://xn--danmarksfngsler-5lb.dk/om-os/nyt-og-presse/nyheder/faengselsbetjente-fra-kosovo-fejrer-afslutning-af-uddannelse-i-danmark/ ) on its website.
The agreement on the prison in Kosovo has been highly debated politically, and the UN Committee Against Torture has previously urged the government to abandon the plans. ( https://unric.org/da/fn-fraraader-danmarks-faengselsaftale-med-kosovo/ )
"That is a concern we have based on the fact that the Council of Europe's Committee for the Prevention of Torture has carried out monitoring in the country for many years. The latest report from 2020 speaks clearly and shows that in three out of the four prisons visited, credible allegations were found that prison officers had committed physical abuse against inmates in Kosovo," says Therese Rytter.
She points out that the 2020 report specifically mentions slaps, punches, and kicks to various parts of inmates' bodies. In some cases, this happened even after the inmates had been brought under control and had been handcuffed.
Read also: Criticised prison agreement in place: In the future, convicts subject to deportation can be sent to Kosovo ( https://www.dr.dk/nyheder/politik/kritiseret-faengselsaftale-paa-plads-i-fremtiden-kan-udvisningsdoemte-sendes-til )
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Danish Prison and Probation Service is confident in the continued cooperation
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In total, around 200 prison officers from Kosovo are to be trained in Danish rules, conflict management, and prison practice.
The training consists of three months of schooling and three months of internship in Danish prisons, but the training now needs to be reviewed in light of the case involving the two prison officers from Kosovo.
This is according to Ina Eliasen, director of the Danish Prison and Probation Service. She also calls the case "extremely serious."
"It simply must not happen that an inmate is subjected to violence in our prisons. That is why we also reported it immediately," says Ina Eliasen.
"In the long term, we will also be looking at what supervision concept we will have in Kosovo, and how we will keep an eye on ensuring that things are done as they should be down there," she adds.
The Danish Prison and Probation Service has been in Kosovo, among other things to see how Kosovar prison officers work: "It actually looks quite a lot like what we do here in Denmark," says director of the Danish Prison and Probation Service, Ina Eliasen. Archive photo (Photo: © Oscar Scott Carl, Ritzau Scanpix)
How confident are you about the continued cooperation?
"I am very confident about it. We have spoken with the Kosovar authorities. They take it just as seriously as we do. They understand all the steps we have taken. They are on board with us adjusting if there is a need for it."
"I am actually quite confident about the cooperation. Especially because we have the experience with many other Kosovar officers, which has been very good," says Ina Eliasen.
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Training is good, but there are no guarantees
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Even though it is important to train the officers from Kosovo in Danish practice, it does not mean that one can issue a guarantee that the rules will not be broken once Gjilan Prison opens, Therese Rytter points out.
"The Kosovar officers have a completely different background than Danish officers. There is a different prison culture in Kosovo compared to the one in Denmark. The six months they complete here in Denmark are a positive step along the way. But it is absolutely not a guarantee that the practice generally seen in the country will change."
According to Therese Rytter, the Council of Europe's Committee for the Prevention of Torture conducted a new visit to Kosovo in February this year. The report has not yet been made public.
"But when the findings (in the previous report, ed.) are that three out of four prisons show quite credible allegations of abuse, then that is not normally something you change in just a few years," she assesses.
So will Denmark be gambling with securing the rights of those who are to be moved down there?
"I would at least say that Denmark is taking on risks with open eyes, because you know that the risk is there," says Therese Rytter.
Prison case caused unrest about Kosovo plan – now the agreement parties stand firm ( https://www.dr.dk/nyheder/politik/faengselssag-skabte-uro-om-kosovo-plan-nu-staar-aftalepartierne-fast )
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