A surprisingly low number of individuals convicted of terrorism-related offenses are participating in rehabilitation programs, primarily due to the absence of a legal framework that would oblige their involvement, a BIRN Kosovo report published on Thursday concluded.

The eighth monitoring report “Challenges of Rehabilitation, Reintegration, and Deradicalisation Programs in Kosovo,” paints a concerning picture, finding that many prisoners opt out of available rehabilitation programs.

The report was supported by the Global Community Engagement and Resilience Fund, GCERF, as part of the Resilient and Inclusive Community Program. The program monitors the implementation of the Strategy, examines the development of an early intervention system to protect individuals at risk of radicalization, and assesses the impact of governmental and non-governmental efforts in preventing violent extremism.

Kreshnik Gashi, editor in chief at Kallxo.com, stressed the urgent need to address rising right-wing extremism apart from terrorism.

“While most individuals who have gone through Kosovo’s correctional system have not reoffended, we are facing new challenges. Right-wing extremism is emerging, and this must be addressed, both within prisons and rehabilitation systems,” which according to Gashi is ‘the elephant in the room.’

He further emphasised that the country’s correctional system must continue reforming and creating personalised rehabilitation programs for each inmate to ensure effective reintegration into society.

“There is still a noticeable lack of communication between institutions. Municipalities have a key role in ensuring successful rehabilitation, particularly in the final stages of deradicalisation,” he explained further.

“Some prisoners refuse to participate in rehabilitation programs. We need to understand why a significant number of inmates reject these programs.”

A critical issue raised by the report is the legal framework, which does not currently allow for mandatory rehabilitation programs.

“The Penal Code does not permit the imposition of mandatory rehabilitation programs. Judges are unable to add extra conditions to the main sentence, which creates a gap in the system,” Gashi noted.

Albulena Haxhiu, Kosovo’s Minister of Justice, acknowledged these gaps in the legal system, adding that they present challenges not only for individuals convicted of terrorism-related offenses but also for those convicted of other crimes.

“The lack of legal space for convicted terrorists is not the only issue; we are also struggling with other offenses, particularly domestic violence. We have developed a curriculum for rehabilitation, but we cannot force prisoners to engage in it due to the lack of legal obligation,” Haxhiu stated.

The Minister also mentioned their ongoing efforts to establish a more sustainable legal framework, which has already led to the approval of laws governing Kosovo’s correctional services, probation services, and the execution of penal sanctions.

“To address these issues, discussions with the Judicial Council are underway to explore potential solutions for these legal challenges.”

Labinot Leposhtica, legal officer at Kallxo.com and author of the report, highlighted that only 29 individuals convicted of terrorism-related offenses have participated in rehabilitation programs within correctional institutions, adding that participation remains voluntary.

According to him, the criminal code does not allow for the imposition of additional restrictions for those sentenced to effective prison time, but such restrictions are only available when there are conditional sentences.

“This is where the journey begins, which explains why we lack the tools to compel individuals to undergo any restrictions,” he added.

He also mentioned that the theological and ideological treatment during incarceration in correctional institutions has not been able to convince individuals to listen to sermons or lectures from religious leaders.

“From this perspective, they are unreformed, having served their sentence and returned to society with the same views, if not more radical.”

According to him, this highlights the need for legislative changes in the criminal code and the law on the execution of penal sanctions.

“These individuals need more specific treatment to help remove the narratives that led them to commit these acts; the criminal code does not allow for this.”

Meanwhile, according to the report, local authorities also bear significant responsibility in the rehabilitation and reintegration process.

“It appears that they have made minimal efforts. Even though there are returnees, they have not developed plans for reintegration and employment,” said Leposhtica.

Mensur Hoti, the Director for Public Security at the Ministry of Internal Affairs, stated that Kosovo’s counter-terrorism strategy is set to remain in effect until 2028.

He emphasised that efforts are underway to secure alternative sources of funding for these programs, reducing reliance on international support.

“We know that much of the financial backing comes from international partners, but for sustainable development in this field, we must explore alternatives in case that support is no longer available,” Hoti said.

Since 2019, BIRN has been closely monitoring the implementation of these programs, evaluating their effectiveness in meeting strategic objectives.