Country Reports on Terrorism 2015 - Kosovo

Overview: The threat of violent Islamist extremism has been slowly growing in Kosovo since its 1999 conflict, assisted in part by funding from foreign organizations that preach extremist ideologies. Approximately 250 to 300 foreign terrorist fighters from Kosovo have traveled to Syria and Iraq to fight for the Islamic State of Iraq and the Levant (ISIL) or al-Nusrah Front, of which approximately 50 have been killed. Violent extremist groups actively used social media to spread propaganda and recruit followers. No terrorist incidents took place inside Kosovo in 2015, although police have arrested suspects for planning such attacks. In September, the Government of Kosovo approved a comprehensive strategy and action plan for countering violent extremism (CVE). The 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. While relevant governmental and nongovernmental stakeholders have expressed the willingness and commitment to implement their respective action items, lack of capacity and sufficient budget remained challenges. CVE funding made available through Kosovo's recent designation as a pilot country for the Global Community Engagement and Resilience Fund (GCERF) could significantly bolster the government's capacity to implement its CVE action plan, but the process will require close U.S. engagement to ensure the government meets the strict deadlines and standards required to maximize its allotment of available GCERF funds. 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 has mentored and assisted law enforcement and judicial institutions on active counterterrorism cases. Through the Export Control and Related Border Security program (EXBS), International Criminal Investigative Training Assistance Program (ICITAP), Overseas Prosecutorial Development Assistance and Training program (OPDAT), and Office of Defense Cooperation (ODC), the United States has provided training opportunities on various aspects of counterterrorism and CVE.

Because the security and political situation in northern Kosovo continued to limit the government's ability to exercise its authority in that region, the NATO Kosovo Force (KFOR) and 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. Kosovo's ability to exercise its authority in the north has improved since the signing of the 2013 Brussels Agreement to normalize relations with Serbia, but the two countries have yet to fully implement the agreement. Although Kosovo and neighboring Serbia do not usually cooperate on counterterrorism issues, the governments have had an Integrated Border Management (IBM) plan since 2013 and have participated in joint U.S.-sponsored training.

Kosovo is a member of the Global Coalition to Counter ISIL 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, as well as tracking and restricting financing for terrorist groups. Kosovo is not a member of the UN; however, the Government of Kosovo has pledged to implement UNSCRs 2170 and 2178 unilaterally.

2015 Terrorist Incidents: The KP arrested five Kosovo-Albanians on July 11 for attempting to poison Pristina's primary water source, Lake Badovc. Police arrested three of the men after officers patrolling the reservoir spotted them behaving suspiciously at the banks of the lake. The KP subsequently arrested two additional suspects. Two of the suspects had fought for ISIL in Syria. All five were charged with terrorism offenses.\

Legislation, Law Enforcement, and Border Security: Kosovo's legislative framework is sufficient to prosecute individuals suspected of committing or supporting terrorist activities, but prosecutors lack experience in trying such cases. Kosovo officials recognize the need to improve interagency cooperation.

Kosovo has a comprehensive legal framework that covers all criminal aspects related to terrorism. The Criminal Code of Kosovo preserves the UN model on counterterrorism criminal legislation and 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 such as wiretapping, undercover agents, disclosure of financial data, and interception of computer communications. It further gives authorities flexibility to investigate criminal activity during the planning stage to prevent crimes and 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 the relevant 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 and related propaganda. A conviction on these charges carries a penalty of up to 15 years imprisonment.

The Kosovo Assembly adopted the Law on the Prohibition on Joining Foreign Conflicts March 12, and it became effective April 18. No arrests had been made under the statute at year's end.

Authorities were inexperienced in dealing with terrorism cases, and communications and information sharing across agencies remained a challenge. 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 (SPRK), 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 (RACVIAC), a South Eastern European organization that focuses on security-related issues, including terrorism. Representatives from Kosovo attended training activities and conferences on counterterrorism-related topics sponsored by the EU and the United States.

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 UN, INTERPOL or EUROPOL; the UN Mission in Kosovo and EULEX serve as Kosovo's intermediaries with these organizations, slowing down cooperation and preventing Kosovo from having access to their watchlists. Kosovo has applied for INTERPOL membership, but faces opposition from Serbia and other non-recognizing states. The KBP and Directorate against Terrorism use biometric equipment to enroll suspicious foreigners entering or applying for benefits in Kosovo, as well as locals 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.

The KBP applies specific profiling techniques to identify persons attempting to travel to Syria and Iraq to join ISIL. In 2015, the KBP, in cooperation with regional countries and Turkey, identified and blocked at least 10 such persons from leaving Kosovo and turned them over to the KP Counterterrorism Directorate. 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 program supported Kosovo participation in a series of border security-related courses aimed at addressing foreign terrorist fighter travel.

Trials are ongoing for several of the 59 suspects arrested in August 2014 during the government of Kosovo's largest counterterrorism operation to date. Three indictments against 33 individuals have been filed. Many of the defendants pled guilty to the charges. Kosovo prosecutors indicted six other individuals in 2015 who were arrested by EULEX in June 2014 in connection with a separate case. Investigations are ongoing against a dozen other individuals, including several imams. During 2015, Kosovo authorities opened 20 new cases against 45 suspects. Police arrested 14 of these suspects. On July 11, 2015, the KP arrested five individuals near Pristina on terrorism-related charges. On December 1, Italian Police arrested and extradited two Kosovo Albanians and the KP arrested a third individual in Kosovo suspected of being members of a terrorist cell that had threatened the Pope and the former U.S. Ambassador to Kosovo.

In October 2015, Kosovo's Minister of Internal Affairs issued an executive order revoking the licenses of 16 NGOs on suspicion of recruiting for ISIL and disseminating extremist propaganda.

Kosovo demonstrated political will to address threats related to terrorism, and the state possesses the legal framework to do so. However, national institutions – including investigative and prosecutorial elements – have limited capacity, resources, and experience to handle terrorism cases effectively.

Countering the Financing of Terrorism: Kosovo is not a member of the Financial Action Task Force (FATF). The Kosovo financial intelligence unit (FIU) worked towards becoming a member of the Egmont Group. Kosovo has a Law on the Prevention of Money Laundering and Terrorism financing, which allows it to comply with international anti-money laundering and counterterrorism finance standards. This law also established enforcement mechanisms for the examination of reporting entities and narrowly defines terrorism financing. However, it lacks an appropriate registration and monitoring system to track NGOs that receive funding from suspicious entities. Other legislation, amendments, and directives are pending on counterterrorism financing, and its indicators. Kosovo has not yet successfully prosecuted a terrorism financing case or identified and frozen assets of sanctioned individuals and organizations. For further information on money laundering and financial crimes, see the 2016 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 four strategic objectives in the government's CVE strategy is the prevention of violent extremism and radicalism, which the government began implementing in November. This includes raising awareness of radicalization among community stakeholders and building their capacity to fight it, increasing support for young people, counter-messaging, incorporating CVE into existing community initiatives, undertaking regional CVE activities, and establishing a strategic communications plan. Kosovo's CVE strategy also includes the preparation and promotion of counter-narratives to weaken the legitimacy of violent extremist messages.

Kosovo's CVE strategy 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 (to include alternatives to detention when appropriate and psychological support), raising awareness within the correctional system on the risks posed by imprisoned terrorists, and building capacities for their rehabilitation. The government began work on this objective in November.

International and Regional Cooperation: The OSCE and the Terrorism Prevention Branch of the UN Office on Drugs and Crime provided training to Kosovo law enforcement, prosecutors, and judges on terrorism-related topics. 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. Serbia and Bosnia and Herzegovina's non-recognition of Kosovo hinders participation in many regional counterterrorism initiatives.

Several Kosovo officials attended the White House Summit on Countering Violent Extremism in February, and the Leader's Summit on Countering ISIL and Violent Extremism hosted by President Obama in New York in September, and a regional CVE summit in Tirana, Albania, in May. Kosovo was selected as a beneficiary country for the Global Community Engagement and Resilience Fund (GCERF), which will fund community-level initiatives aimed at reducing the risk of radicalization to violence.