Rights during investigation - not to be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment

Kosovo

Kosovo - Constitution 2008 (2016) EN

''Chapter II: Fundamental Rights and Freedoms, Article 27: Prohibition of Torture, Cruel, Inhuman or Degrading Treatment ''

No one shall be subject to torture, cruel, inhuman or degrading treatment or punishment.

Kosovo - Criminal Procedure Code (2022)

PART ONE GENERAL PROVISIONS
CHAPTER I FUNDAMENTAL PRINCIPLES AND DEFINITIONS
Article 10
Notification on the Reasons for the Charges, the Privilege against Self-incrimination
and Prohibition against Forced Confession
1. At his arrest and during the first examination, first appearance or first notification that he is a
defendant in the criminal proceedings, the defendant shall be promptly informed in a language
that he understands and, in detail, of the nature and reasons for the charge against him.
2. At his arrest and during the first examination, first appearance or first notification that he
is a defendant in the criminal proceedings or anytime during the criminal proceedings, the
defendant shall not be obliged to plead his case or to answer any questions and, if he pleads
his case, he shall not be obliged to incriminate himself or his next of kin nor to confess guilt. This
right is not implicated when a defendant has voluntarily entered into an agreement to cooperate
with the state prosecutor.
3. The defendant or any other participant in the proceedings shall be prohibited and punished
according to the law in force to impose a confession of guilt or any other statement by the use
of torture, force, threat or under the influence of drugs, or other similar measures.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XVII EVIDENCE
Article 251
General Rules of Evidence
4. In any questioning or examination it is prohibited to:
4.1. impair the defendant’s freedom to form his own opinion and to express what he
wants by ill-treatment, induced fatigue, physical interference, administration of drugs,
torture, coercion or hypnosis;
4.2. threaten the defendant with measures not permitted under the law;
4.3. hold out the prospect of an advantage not envisaged by law; and
4.4. impair the defendant’s memory or his ability to understand.

Rome Statute

Article 55 Rights of persons during an investigation

1. In respect of an investigation under this Statute, a person:

(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;