Country Reports on Terrorism 2016 - Kosovo

Overview: The threat of violent Islamist extremism has been growing in Kosovo, assisted in part by funding from foreign organizations that preach extremist ideologies and violent extremist groups actively using social media to spread propaganda and recruit followers. Approximately 315 foreign terrorist fighters from Kosovo have traveled to Syria and Iraq to fight for ISIS or al-Nusrah Front (al-Qa'ida's affiliate in Syria), of which approximately 58 have been killed. The Government of Kosovo is implementing a comprehensive strategy and action plan for countering violent extremism (CVE). The Kosovo Police (KP) Counterterrorism Directorate is enhancing its investigative capacities by increasing personnel and developing a cyber-counterterrorism unit.

The Kosovo government continued counterterrorism cooperation with the United States. The United States assisted law enforcement and judicial institutions on active counterterrorism cases.

Because the security and political situation in northern Kosovo continued to limit the government's ability to exercise full authority in that region, the NATO Kosovo Force (KFOR) and European Union (EU) Rule of Law Mission (EULEX) worked with the KP to maintain a safe and secure environment and strengthen the rule of law, including at the borders. Although Kosovo and neighboring Serbia do not usually cooperate on counterterrorism issues, the governments have had an Integrated Border Management plan since 2013 and have participated in joint U.S.-sponsored training.

Kosovo is a member of the Global Coalition to Defeat ISIS and has taken steps to support the various lines of effort within the limits of its capabilities. It has primarily focused on stemming the flow of foreign terrorist fighters and tracking and restricting financing for terrorist groups. Kosovo is not a member of the United Nations (UN); however, the Government of Kosovo has pledged to implement UN Security Council resolution 2178 unilaterally.

2016 Terrorist Incidents: On August 4, unknown assailants fired a rocket-propelled grenade at the parliament building. There were no casualties, but the explosion caused some material damage.

Legislation, Law Enforcement, and Border Security: Kosovo has a comprehensive legal framework that covers all criminal aspects related to terrorism. The Criminal Code of Kosovo criminalizes all forms of terrorism, including commission, assistance, facilitation, recruitment, training, and incitement to commit terrorism. It also criminalizes concealment or failure to report terrorists or terrorist groups, organization and participation in terrorist groups, and preparation of terrorist offenses against the constitutional order and the security of the state of Kosovo. It defines a terrorist group as a structured group of more than two persons, established over a period of time and acting in concert to commit terrorism. In addition, the Criminal Procedure Code provides authorities with all the necessary powers to investigate and prosecute such cases, including sanctioning the use of covert measures. It further gives authorities flexibility to investigate criminal activity during the planning stage to prevent terrorist acts. The Procedural Code also allows Kosovo courts to admit evidence from other countries, thus allowing prosecution of international terrorism in Kosovo. This framework provides authorities with the tools necessary to fight any form of terrorism. Kosovo law also criminalizes joining a foreign army, police, or paramilitary formation in armed conflicts outside the territory of Kosovo. A conviction on these charges carries a penalty of up to 15 years imprisonment.

Law enforcement authorities increased their capacity to handle terrorism cases and share information across agencies, although challenges remain. The KP Counterterrorism Directorate, which is responsible for counterterrorism investigations, has resource constraints that inhibit its ability to track suspects. The law provides the Special Prosecution Office, which is composed of local and international staff, with exclusive jurisdiction over terrorism cases. Prosecutors have made considerable improvements in the past year in dealing with terrorism-related cases. The Department of State supported programs with the Department of Justice to mentor Kosovo law enforcement and prosecutors. Kosovo is a member of the Regional Arms Control Verification and Implementation Assistance Centre, a southeastern European organization that focuses on security-related issues, including terrorism. Representatives from Kosovo attended EU and U.S.-sponsored training activities and conferences on counterterrorism-related topics.

Kosovo has issued biometric travel and identity documents since 2013. All major border crossing points, including Pristina International Airport, are equipped with computerized fraudulent/altered document identification equipment, for which a database is updated regularly with information from other countries. The Kosovo Border Police's (KBP) regularly updated STOP/WATCH list of persons suspected of connections to terrorism or criminal activities had more than 1,700 hits in 2015; however, the electronic Border Management System does not interface with INTERPOL and does not always function properly. Kosovo is not a member of the United Nations, INTERPOL, or Europol; the UN Interim Administration Mission in Kosovo and EULEX serve as Kosovo's intermediaries with these organizations, slowing down cooperation and preventing Kosovo from having direct access to their watchlists. Kosovo applied for INTERPOL membership, but INTERPOL as of November has suspended all pending applications indefinitely. The KBP and Directorate against Terrorism use biometric equipment to enroll suspicious individuals who may be affiliated with terrorism. The Law on Border Control obliges airlines to submit Advance Passenger Information/Airline Passenger Name Record data to Kosovo; the KBP has been using this information. In 2016, the KBP, in cooperation with regional countries and Turkey, identified and blocked at least five persons from traveling to Syria and one citizen was arrested upon his return from a conflict zone; however, at least five individuals successfully transited to Syria. With U.S. assistance, KBP is revising its curricula used to train border officers to focus more on early identification of persons affiliated with terrorism. The Department of State's Antiterrorism Assistance (ATA) program supported Kosovo participation in a series of border security-related courses aimed at addressing foreign terrorist fighter travel.

In addition to the ATA program, the United States provided training opportunities on various aspects of counterterrorism and CVE, through the Export Control and Related Border Security program (EXBS), the DOJ's International Criminal Investigative Training Assistance Program (ICITAP), the DOJ's Office of Overseas Prosecutorial Development, Assistance and Training (OPDAT), and the Office of Defense Cooperation (ODC).

Trials are ongoing for several of the 59 suspects arrested in August 2014 during the government of Kosovo's largest counterterrorism operation to date. Investigations are ongoing against a dozen other individuals, including several imams. During 2016, Kosovo authorities arrested 32 individuals on terrorism-related charges, including 18 in November. Authorities also secured several high-profile convictions, including the sentencing of seven citizens to 42 years imprisonment on terrorism charges in May, and five individuals to 49 years imprisonment for ISIS involvement in July. Additionally, the Ministry of Public Administration suspended the activities of 21 NGOs suspected of supporting violent extremism.

Kosovo demonstrated political will to address threats related to terrorism, and the state possesses the legal framework to do so. National institutions also strengthened the capacity of their investigative and prosecutorial elements, but limited capacity, resources, and experience continued to limit their ability to handle terrorism cases more effectively.

Countering the Financing of Terrorism: Kosovo is not a member of the Financial Action Task Force (FATF) or any FATF-style regional bodies. In 2016, the Kosovo financial intelligence unit worked towards becoming a member of the Egmont Group of Financial Intelligence Units. Kosovo has a Law on the Prevention of Money Laundering and Terrorist financing, modeled after international anti-money laundering and counterterrorist finance standards. This law also established enforcement mechanisms for the examination of reporting entities and narrowly defines terrorist financing. Kosovo has not yet successfully prosecuted a terrorist financing case or identified any frozen assets of sanctioned individuals and organizations.

Kosovo has not consistently frozen and confiscated assets without delay. A prosecutor may only freeze bank accounts for 72 hours, during which time the pre-trial judge is obliged to approve or reject the freezing order. Under a judge's temporary order, assets may be frozen for 30 days, but owners may dispute asset freezes. Kosovo monitors and regulates money/value transfer and other remittance services. Kosovo requires the collection of Know Your Customer data for wire transfers. Because Kosovo is not a member of the FATF network, we are unable to assess how well this framework is implemented or meets the international standard.

Kosovo's FIU distributes the UN Security Council ISIL (Da'esh) and al-Qa'ida sanctions list to financial institutions and publishes the direct link to the UN list on its web page.

For further information on money laundering and financial crimes, see the 2017 International Narcotics Control Strategy Report (INCSR), Volume II, Money Laundering and Financial Crimes: http://www.state.gov/j/inl/rls/nrcrpt/index.htm.

Countering Violent Extremism: One of the main objectives in the government's CVE strategy is the prevention of violent extremism and radicalization to violence. This includes raising awareness of radicalization among community stakeholders and building their capacity to fight it. The Ministry of Internal Affairs is piloting a referral mechanism in the municipality of Gjilan that will bring together local officials, religious leaders, and civil society to address community concerns of radicalization to violence. Kosovo's CVE strategy includes the preparation and promotion of counter-narratives to weaken the legitimacy of violent extremist messages. The strategy also includes a section on de-radicalization and the reintegration of radicalized persons. The goals include helping radicalized individuals abandon violent extremist ideology, assessing risks posed by individuals returning from foreign conflicts, and raising awareness within the correctional system on the risks posed by imprisoned terrorists.

The 2015 CVE Strategy and Action Plan provide a five-year roadmap for stemming the growing threat of violent extremism through a whole-of-government approach, emphasizing the critical role of local stakeholders and civil society. Thus far, implementation has been uneven across government ministries; a lack of capacity and an insufficient budget remained challenges. The Global Community Engagement and Resilience Fund designated US $2.5 million in funding for Kosovo that could significantly bolster the government's capacity to implement its CVE Action Plan.

International and Regional Cooperation: Kosovo's membership in many regional and international organizations, including the UN, has been blocked by countries that do not recognize its independence. Lack of membership and non-recognition impedes cooperation on many issues, including counterterrorism.