They can even play tennis in detention in The Hague — what will it be like for the defendants before the Specialist Court if they are sentenced to prison?

Former KLA members tried before the Kosovo Specialist Chambers in The Hague and who are finally convicted to prison sentences will, as things currently stand, serve their sentences in prisons in Belgium. Belgium is the only country so far to have signed an agreement with the Kosovo Specialist Chambers on the enforcement of sentences. If other countries join, the convicted will not be able to choose where they serve their sentence — that will be decided by the court. Based on the impressions of those previously convicted before the Hague Tribunal, Finland and Denmark are known for having the best prison conditions.

Written by: Dusica Radeka Djordjevic

The Belgian prison system is one of the most overcrowded in Europe. Despite measures taken, Belgian media reported last autumn that the number of inmates in prisons is at a record high.

“The chronic lack of capacity in Belgian prisons has led to inhumane conditions,” reported the Brussels Times.

The French newspaper Le Monde also covered the conditions in Belgian prisons, reporting two years ago that the buildings are dilapidated, and that there is a shortage of staff and healthcare services.
Belgium was the first — and remains the only — country to sign an Agreement on the Enforcement of Sentences with the Kosovo Specialist Chambers, based in The Hague, on 12 June.

According to the Law on the Specialist Chambers adopted by the Kosovo Assembly in 2015, a prison sentence is to be served in a country designated by the President of the Specialist Chambers, selected from among those countries that express willingness to accept convicted individuals, and in accordance with concluded agreements.

If prison conditions do not meet international standards, the convicted person may file a complaint to the Specialist Chambers. Under the 2015 law, the harshest possible sentence is life imprisonment, and only the Specialist Chambers are authorized to modify the duration of a sentence.

After concluding the agreement with Belgium, the President of the Specialist Chambers, Ekaterina Trendafilova, invited other states to follow Belgium’s example and support the Chambers by signing similar agreements.

Lawyer Artan Qerkini told Kosovo Online that it was expected such an agreement would be signed with some country, as foreseen by the Law on the Specialist Chambers. However, he added that it remains to be seen whether any other countries will join Belgium, since no one is obliged to enter into such an arrangement.

“That is up to the individual countries. An agreement is never an obligation. It’s a matter of mutual consent and the will of the parties signing it,” Qerkini stated.

The countries where sentences are to be served, he noted, must respect human rights and the UN Convention on the rights of detainees.

“Until a final court decision is rendered, the accused remain in detention in The Hague. Once the judgment becomes final, anyone who is convicted, based on current circumstances, will have to serve the sentence in Belgium, unless in the meantime the Specialist Chambers conclude an agreement with another country,” said Qerkini.

During its ten-year existence, the Specialist Chambers has initiated proceedings in six cases — three for war crimes and three for offenses against the administration of justice, such as breaching confidentiality or contempt of court.

The most high-profile case is “Hashim Thaçi et al.”, in which four former senior KLA officials — Hashim Thaçi, Kadri Veseli, Rexhep Selimi, and Jakup Krasniqi — are charged with war crimes and crimes against humanity. The case of Salih Mustafa has progressed the furthest: in September, the Court of Appeals sentenced him to 15 years in prison, but the proceedings are not yet concluded as legal remedies are still pending.

According to lawyer Zoran Zivanovic, the agreement signed between Belgium and the Kosovo Specialist Chambers reflects a lack of trust in Kosovo’s authorities, due to concerns that sentences served in Kosovo would not be properly enforced.

“This court, operating in The Hague, is technically a Kosovo court functioning under a special regime because of the international community’s lack of trust. That’s why they decided that the court would be run by international judges and prosecutors, as domestic judges were seen as biased and not fulfilling their responsibilities. The decision to have sentences served in Belgium also reflects this mistrust, based on the assumption that Kosovo’s authorities would likely offer such privileges to convicts that they would practically feel at home — not in prison,” Zivanovic told Kosovo Online.

He added that Belgium may not be the only country to accept Specialist Chambers convicts, and others might follow, which is why it is currently stated that they can serve their sentences in Belgium.
Zivanovic explained that in the case of the ICTY — the UN-established Hague Tribunal — the Netherlands had a specific reservation: it allowed the accused to be detained in the Netherlands only until the final verdict, after which the country was not willing to host convicts in its prisons.

“Then the UN, through its member states — mostly European — persuaded certain countries to accept ICTY convicts in their prisons. Many countries agreed, including all Scandinavian nations, the UK, France, Germany, Austria, Spain, Italy, Portugal, and also the Czech Republic, Poland, and Estonia. So, sentences are being served in those countries. But convicts cannot choose where they’ll serve their time. That is determined by the court’s registry, in agreement with the states — some states won’t accept certain convicts, some will, and they have their own conditions,” said the lawyer.

Ratko Mladic, sentenced by the ICTY, remains in The Hague because he is in very poor health and no country is willing to accept him into their prison system.

“There are countries that will not accept a convict if the imposed sentence does not exist in their legal system. Or they’ll say: ‘We’ll accept him up to the point when he’d be eligible for release under our laws. If you want him to serve longer than that, we’ll send him back to you and you’ll have to find somewhere else to place him,’” the lawyer explained.

As for prison conditions, he said that, according to convicts, the best facilities are in Scandinavian countries — Finland and Denmark.

“In my knowledge, the worst conditions are in Estonia and the UK. There have been many unpleasant situations there, including attempted murders,” said Zivanovic.

As for the current detention conditions of those on trial before the Specialist Chambers in The Hague, the court recently issued a statement.

“Detainees in The Hague have daily access to fresh air and physical activity, with opportunities to engage in sports like tennis, table tennis, football, and basketball, as well as gardening. They have access to an art room for creative activities like painting, and a music room with instruments. They can cook and share meals together and socialize. Detainees may participate in religious services. They also have access to writing materials, as well as Albanian-language radio and television programming, books, magazines, and newspapers,” the court stated.