Are there any legal obstacles to Special Prison prisoners being transferred to Kosovo?

Although the Kosovo Constitution states that sentences imposed by the Specialist Chambers for Kosovo must be served outside Kosovo, Kosovo lawyers are calling for this to be changed. The main factor, they say, is the humanitarian reason for them to serve their sentences in their own country.

Former KLA members, accused and convicted by the Specialist Chambers for Kosovo, are being held in the detention center in The Hague, Netherlands.

But, the final sentence that receives the seals of all levels of courts will be served in the state of Belgium.

Last month, the Specialist Chambers announced the reaching of an agreement with this state on the implementation of sentences.

“On 12 June 2025, the Kosovo Specialist Chambers (“KSC”) and the Kingdom of Belgium officially signed the Agreement on the Enforcement of Sentences. The Agreement was signed by the Administrator of the Kosovo Specialist Chambers, Dr. Fidelma Donlon, and Mr. Gerard Div, Head of the Central Authority for Cooperation with International Criminal Tribunals, at the Belgian Ministry of Justice in Brussels. According to this agreement, persons sentenced by the Kosovo Specialist Chambers may serve their prison sentences in Belgium, subject to the conditions set by the Kosovo Specialist Chambers and the approval of Belgium. President Ekaterina Trendafilova underlined that the enforcement of sentences is essential for a comprehensive and effective system of international criminal justice. She expressed her gratitude for Belgium’s continued support for the Kosovo Specialist Chambers and stressed: “By signing this agreement, the Kingdom of Belgium reaffirms its strong commitment to international criminal justice and the ability of the Kosovo Specialist Chambers to carry out its mandate. "myself."

The President of the NCJ also invited other states to follow Belgium’s example in strengthening the NCJ framework for the enforcement of sentences by concluding similar agreements. The Head of the Belgian Central Authority stated: “By signing this agreement, we would like to express Belgium’s support for the NCJ and international justice in general. With this agreement, Belgium demonstrates its unwavering commitment to the full functioning of the NCJ, in accordance with the agreement between the EU and Kosovo.” In accordance with the 2014 Exchange of Letters between the High Representative of the European Union for Foreign Affairs and Security Policy and the President of Kosovo, and Article 162 of the Constitution of Kosovo, final sentences are carried out outside Kosovo.”

The changes that were included in the Constitution of Kosovo in 2015 state that convicted persons must serve their sentences outside the territory of Kosovo.

Despite this, justice experts say that Kosovo institutions should officially request that former KLA members be transferred to Kosovo to serve their sentences.

"The execution of the decision to imprison persons who were held in the Specialist Chambers takes place in a state that has expressed its readiness and willingness to accept these persons and is ultimately decided by the President of the Specialist Chambers in accordance with the respective provisions of the law on the Specialist Chambers. As for the Kosovo issue, in my opinion such a thing is not prohibited despite the fact that it depends on the President of these Chambers, however, we have not publicly seen any official letter expressing the readiness and willingness from the institutions of our country", emphasized Ardian Bajraktari - lawyer.

Meanwhile, even visiting family members in other countries, outside of Kosovo, would be financially costly.

"I think it is necessary and necessary, above all, both legally and humanly, for Kosovo to ask the Special Court to serve the sentences of the persons sentenced by that Court in the Republic of Kosovo, in our correctional services, because above all, it is a humane issue because they are citizens of this country, their families live here and their access to visits is much easier than in other countries," stated Meshari Selimaj - lawyer.

So far, only the case of Salih Mustafa has reached the Supreme Court, which has upheld the sentence reduced to 15 years for war crimes. /RTV Dukagjini/