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 Code 2019 EN

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.

Article 194
Coercion to obtain statements
1. An official person who, in abusing his or her position or authorizations, uses force or serious threat or any other prohibited means or manner to compel any suspect, defendant, witness, expert or other person to make a statement or declaration shall be punished by imprisonment of three (3) months to five (5) years.
2. When the offense provided for in paragraph 1. Of this Article is committed using grave violence or if the suspect, defendant, witness, expert or other person suffered grave consequences in the criminal proceedings as a result of the statement or declaration obtained by coercion, the perpetrator shall be punished by imprisonment of one (1) to ten (10) years.
Article 195
Mistreatment during exercise of official duty or public authorization
1. An official person who, in abusing his or her position or authorizations, mistreats, intimidates or gravely insults the dignity of another person shall be punished by imprisonment up to three (3) years.
2. When the offense provided for in paragraph 1. of this Article is committed against a child, the perpetrator shall be punished by imprisonment of six (6) months to five (5) years.
Article 196 Torture
1. An official person, or a person acting at the instigation of or with the consent or acquiescence of an official person, who commits an act of torture shall be punished by imprisonment of one (1) to fifteen (15) years.
2. When the offense provided for in paragraph 1. of this Article is committed against a child, the perpetrator shall be punished by imprisonment of three (3) to fifteen (15) years.
3. For the purposes of this Article, an act of torture means any act or omission by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for the purpose of obtaining from such person or from a third person information or a statement, or punishing such person for an act that he or she or a third person has committed or is suspected of having committed, or for intimidating or coercing the person or a third person or for any reason based on discrimination of any kind. An act of torture does not include any act or omission arising only from, inherent in or incidental to lawful sanctions.

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;