UNMIK/PR/1030
Friday, 5 September 2003

Statement by Paul Coffey, Director of Department of Justice, on the Dubrava prison incident

PRISTINA – Mr Paul Coffey, Director of the Department of Justice, made the following statement at a news conference today:

Last night, five male prisoners from Building 2 of the prison died as a result of fire and smoke caused when prisoners set fire to their mattresses during a demonstration. Sixteen additional prisoners have been hospitalised for burns and smoke inhalation; at least one of these 16 is in critical condition. One prison officer has been hospitalised for smoke inhalation suffered in an effort to help prisoners attempting to flee the burning building.

Building 2 housed 174 prisoners. At 12:30 hours yesterday a group of prisoners forcibly overcame several unarmed guards inside Building 2 and seized their keys. The guards fled the building successfully. Prisoners then barricaded the main entrance to Building 2, denied entry to Penal Management Division (PMD) officials and demanded to be heard about complaints concerning prison conditions. After initially discussing their complaints with PMD the prisoners indicated that they thereafter would only speak with human rights representatives. PMD officials notified Mr. Besim Tafa, a local representative of the ombudsman institution in Pec/Peje. Mr. Tafa and an assistant arrived at the prison at 15:40 hours, were briefed on the situation and permitted Mr. Tafa to speak directly with the prisoners through an opened window grate. Between 15:40 and 20:40 hours, conversations continued between the prisoners and the Ombudsman representatives and with a representative of the criminal defense resource center, a human rights group in Kosovo. During this period, on a number of occasions, PMD officials advised the prisoners, through human rights representatives, that their complaints would be considered and addressed without subsequent discipline to the prisoners if they returned to their cells and restored order. Between 21:00 hours and approximately 22:00 hours negotiations continued between the prisoners and a PMD official. At approximate 22:45 hours, by which time it was completely dark, PMD officials informed the prisoners that due to security concerns they would have to return to their cells or PMD officials would forcibly enter Building 2. PMD officials advised the prisoners that it could not allow 174 unaccounted for prisoners to maintain control of and roam around at will inside Block 2.

At approximately 22:45 hours, PMD guards, unarmed but protected by shields and helmets then attempted to enter Block 2. Someone inside threw a burning mattress at the guards. Prisoners then set other mattresses on fire, which caused the fire to burn quickly beyond their control. The subsequent flames and smoke reached the 2nd floor while fire brigades attempted to put out the flames and PMD officials attempted to try and get through the barricade. At approximately 23:15, prisoners were evacuated from Building 2 and given first aid.

An international judge has been appointed to conduct an investigation. The police commissioner has already secured the facility for this purpose and will work directly with the investigative judge. PMD will not investigate itself. However, the director inspected the prison last night and again this morning and instructed PMD officials to fully cooperate with the investigation.

Block 2 prisoners, except for those hospitalised, will be assigned to other PMD facilities. The director personally addressed them this morning where they are being held at the prison gymnasium. They have been told that an inquiry will be made into their complaints, a criminal investigation will be conducted, and no further demonstrations of any kind in violation of prison rules will be tolerated.

The next of kin of the deceased will be promptly notified in the next hors. Autopsies of the deceased prisoners will be promptly conducted to determine precise cause of death.

A special panel of inquiry will also be formed consisting of international and local officials to determine at an appropriate time, so as not to interfere with the investigation, why this tragic incident occurred and how to prevent a recurrence.