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It examines prosecution requests, defence submissions, and court rulings, supplemented by desk research on international standards and Kosovo law. It highlights fair-trial and human-rights concerns, including the impact on the right to liberty and risks of inhuman or degrading treatment for vulnerable persons, and sets out conclusions and recommendations.",{"@graph":69,"@context":123},[70,84,106],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":40,"@type":76,"position":81},"https://docshare.wps.com/document/research-report/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/fair-trial-issues-for-detained-persons-with-mental-health-needs-february-2024/317133/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/fair-trial-issues-for-detained-persons-with-mental-health-needs-february-2024/317133.png","ImageObject",300,407,{"name":92,"@type":93},"Aria Callaghan","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-11-12","2026-09-20",true,{"@type":102,"interactionType":103,"userInteractionCount":105},"InteractionCounter",{"@type":104},"ViewAction",14,{"@type":107,"mainEntity":108},"FAQPage",[109,115,119],{"name":110,"@type":111,"acceptedAnswer":112},"What does the report focus on regarding detainees with mental health needs?","Question",{"text":113,"@type":114},"The report analyses detention on remand in cases involving defendants with mental health needs, including the concerns and handling issues identified through OSCE monitoring.","Answer",{"name":116,"@type":111,"acceptedAnswer":117},"How was the report methodology structured?",{"text":118,"@type":114},"It combines qualitative analysis of OSCE-monitored remand hearings from January to December 2022 with desk research on international standards and Kosovo law.",{"name":120,"@type":111,"acceptedAnswer":121},"Which legal and rights principles are central to the legal framework section?",{"text":122,"@type":114},"The report emphasizes the right to liberty as a fundamental right, that detention on remand should be reasonable, necessary, and an exception rather than the rule, and it requires prompt medical examination and appropriate care for detained persons with mental illness.","https://schema.org",{"og:url":83,"og:type":125,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":127,"canonical":83},"index,follow",{"doc_id":129,"site_id":62},317133,1790300464,{"code":4,"msg":5,"data":132},{"doc_id":129,"user_id":133,"nickname":92,"user_avatar":134,"doc_module":4,"category_id":39,"category_name":40,"doc_title":65,"doc_description":67,"doc_content":135,"file_id":136,"file_url":137,"file_type":138,"file_size":139,"view_count":105,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":140,"language":141,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":142,"faqs":143,"seo_title":144,"seo_description":67,"update_tm":145,"read_time":146,"preview_page_count":4},962084926284,"https://ap-avatar.wpscdn.com/davatar_29158cc5080c5b710cf443261637dec0","Fair Trial Issues for  \nDetained Persons with Mental Health Needs  \nFebruary 2024  \nFair Trial Issues for  \nDetained Persons with Mental Health Needs  \nFebruary 2024  \nTable of contents  \n1. Introduction ............................................................................................................ 5  \n2. Methodology........................................................................................................... 6  \n3. Legal framework..................................................................................................... 7  \n4. Case analysis......................................................................................................... 10  \n5. Conclusions ........................................................................................................... 13  \n6. Recommendations ............................................................................................... 14  \n1. Introduction  \nSince 1999, the mandate of the Organization for Security and Co-operation in Europe (OSCE) Mission in Kosovo has included monitoring of the justice system in Kosovo for compliance with fair trial and international human rights standards. Trial monitoring reports are based on direct monitoring by OSCE staff in courts throughout Kosovo with a focus on systemic issues affecting the justice system.  \nThe present focused report analyses the issue of detention on remand in cases involving defendants with mental health needs. 1 The OSCE has previously reported on the use of detention on remand 2 and had raised concerns – including on the detention of persons with mental health disorders in particular – that remain today.3 Detention on remand is a subject of high importance to the OSCE because it significantly impacts fundamental human rights including the right to liberty. In the specific case of defendants with mental health needs, their detention further raises concerns of potential inhuman and degrading treatment of persons of particular vulnerability.  \nIn 2022, while conducting direct field monitoring of hearings and analysis of related written motions and decisions on detention on remand,4 the OSCE observed a number of cases involving defendants with mental health issues. There were instances where such detention measures were imposed and thus raised certain concerns in relation to the handling of defendants with mental health needs. This focused report will analyse those cases and concerns and will provide recommendations.  \n1 This report does not concern involuntary commitment or the use of detention of persons with mental health issues as a security measure within the criminal justice system (i.e., detention of persons due to the risk posed by their mental health), which has been the subject of previous OSCE studies (see e.g. See OSCE, Reviews of the Criminal Justice System: Second Review, February 2021, p. 23–26; Third Review, November 2021, p. 41–42, Fourth Review, February 2002, p. 52– 55; Fifth Review, May 2003, p. 34–36; Seventh Review, March 2006, p. 25) .  \n2 See OSCE report Trial Monitoring Report on Detention on Remand (2023) . See also OSCE, The Use of Detention in Criminal Proceedings in Kosovo: Comprehensive Review and Analysis of Residual Concerns – Part I, November 2009; OSCE, The Use of Detention in Criminal Proceedings in Kosovo: Comprehensive Review and Analysis of Residual Concerns – Part II’, March 2010.  \n3 See OSCE, Reviews of the Criminal Justice System: Second Review, February 2021, p. 26–28; Fourth Review, February 2002, p. 55–56; Fifth Review, May 2003, p. 36–37, Seventh Review, March 2006, p. 46-47.  \n4 See OSCE report Trial Monitoring Report on Detention on Remand (2023) .  \n2. Methodology  \nThe methodology of this report is based on:  \ni. Qualitative analysis of data collected from detention on remand hearings monitored by the OSCE from January to December 2022, of prosecution requests, defence submissions and court rulings on detention on remand; and  \nii","cbCaibERN2i1LGHh","https://ap.wps.com/l/cbCaibERN2i1LGHh","pdf",4029323,18,"English","# Introduction\n# Methodology\n# Legal framework\n# Case analysis\n# Conclusions\n# Recommendations","[{\"question\":\"What does the report focus on regarding detainees with mental health needs?\",\"answer\":\"The report analyses detention on remand in cases involving defendants with mental health needs, including the concerns and handling issues identified through OSCE monitoring.\"},{\"question\":\"How was the report methodology structured?\",\"answer\":\"It combines qualitative analysis of OSCE-monitored remand hearings from January to December 2022 with desk research on international standards and Kosovo law.\"},{\"question\":\"Which legal and rights principles are central to the legal framework section?\",\"answer\":\"The report emphasizes the right to liberty as a fundamental right, that detention on remand should be reasonable, necessary, and an exception rather than the rule, and it requires prompt medical examination and appropriate care for detained persons with mental illness.\"}]","Fair Trial Issues for Detained Persons with Mental Health Needs - February 2024 | PDF",1789928961,45]