Filipovic: Prisoners denied the right to use the Serbian language

Jovana Filipović
Source: Kosovo Online

Families of the detained Serbs are warning about the poor treatment of prisoners in the Podujevo prison, which, they claim, has drastically worsened after the events in Banjska. They state that the Serbian language is almost prohibited, and lawyer Jovana Filipovic, points out for Kosovo Online that she has encountered a lack of respect for the Law on the use of Languages during visits to her clients.

"All individuals who do not speak the Albanian language and are specifically in the high-security detention in Podujevo have a problem because they cannot communicate with the personnel there, especially since the conflict in Banjska. There is this issue where they do not want to speak in the Serbian language, and I personally, as a lawyer, have faced this problem during visits," Filipovic said.

She reminds that individuals working in public institutions, in this case, the prison, are obligated to respect language rights and are obliged to provide necessary information in the native language to lawyers, individuals in detention, as well as their families.

"During my visit on October 6th, I encountered a problem; no one wanted to speak with me in the Serbian language. My Albanian is quite limited, and I know some basic legal terms, but less for interpersonal communication. For that reason, it was very difficult to communicate. I was forced to request a translator, which, of course, we have the right to do. I needed to receive a bill for the canteen of individuals in detention and some basic information regarding those individuals in detention, not those serving sentences. For this reason, I requested a translator, but it was not allowed. Instead, they called a supervisor. I wasn't told who the supervisor was because he refused to introduce himself. He spoke with me in Serbian, gave me a bill, and that was all regarding communication in the Serbian language," Filipovic emphasized.

She also notes that even the necessary documentation is issued only in the Albanian language.

"Later, I visited individuals in detention based on the judicial detention measure, and I was given authorization to represent those individuals without a subsequent court decision every time I visited them. The form was provided to me in Albanian only. They even refused to provide oral translation. I filed a complaint about this, and it was written that it is necessary to provide it in the Serbian language, and the person who signs this power of attorney for me must understand what it is truly about. There is, of course, trust between me and my client, but it is necessary to fight for our language rights guaranteed by both the law and the Constitution, as the highest legal act," Filipovic said.

The issue was brought to the attention of the Language Commissioner at the Office of the Prime Minister of Kosovo and the Ombudsman Institution.

"I received information that they will open a case and take certain actions within their mandate. I also discussed this issue with the head of the EULEX Mission responsible for monitoring, who expressed concern about such behavior, especially considering that these are institutions that should genuinely administer justice. I showed them certain photographs and documents that clearly demonstrate that the right to language is not being respected. So, I hope that all the international institutions currently in Kosovo that are informed about this issue, as well as the institutions within Kosovo, especially the Language Commissioner and the Ombudsman, will work to resolve this problem in a manner befitting those institutions," Filipovic said.

She highlights that Deputy Ombudsman Srdjan Sentic is particularly committed to addressing these problems and improving the situation of detainees in Kosovo's prisons.

"I can say that this institution has provided a good response, and they are especially interested in initiating all possible investigations against individuals who violate the law to the detriment of members of all minority communities," Filipovic emphasized.

It is particularly concerning, Filipovic emphasizes, that detainees are not receiving regular medical therapy, adding that she has received numerous complaints.