Jankovic: The Kosovo-Denmark prisoner agreement is not just about money, it has political connotations too

The agreement under which 300 prisoners from Denmark will serve their sentences in Kosovo has financial, political, and cultural aspects, evaluates Miloš Jankovic for Kosovo Online, a lawyer and former ombudsman who also has extensive experience as the director of the Administration for the Enforcement of Institutional Sanctions, and as a member of the UN Subcommittee for the Prevention of Torture.

"It's difficult to solve the problem of migrants who have not socialized but have committed certain criminal acts. This is one of the simplest ways to, practically, extract people from Denmark to another territory so that when their sentences expire, they do not leave prison onto the streets in Denmark, but instead, an extradition process is carried out in another country," explains Jankovic, noting that this will help Denmark solve one of its pressing problems, which is the large number of migrants.

On the other hand, when asked what the agreement brings to Kosovo, he says that it's not just about money, but the agreement also has political connotations and a cultural aspect.

"This is an agreement that is treated by the Danish co-signatories as a treaty between two states, which means a lot for Kosovo to enter into such interactive inter-state bilateral agreements. This agreement indicates, again from a political aspect, that Kosovo is part of a system to which a Scandinavian country like Denmark belongs. Moreover, this agreement can help Kosovar authorities and the Kosovar community not only to adopt the culture of criminal sanction enforcement prevalent in Denmark, which leads in the system of respecting the rights of detained individuals, but also to shape their prison system at a much higher level, all of which will have far-reaching consequences," says Jankovic.

He assesses that this agreement will not directly improve conditions in other prisons in Kosovo, where Serbs are also detained, but that in the long term, the Danish example can be expected to have repercussions on all other convicts in Kosovar prisons.

"Not only will prison officials delegated by Denmark perform their functions in the prisons, but the head of that system will be Danish, although there will also be a director chosen by the Kosovo government. All this will impact the status, respect, position, material status... of the officials of Kosovo’s prison administration and this will consequently have a domino effect in other areas," Jankovic points out.

He says there was a great debate about whether Kosovo would be able to provide prisoners with the standards enjoyed by prisoners in Denmark and notes that the criticisms that Kosovo is not part of the UN or the Council of Europe and therefore not subject to the provisions of international conventions - are not entirely accurate.

"There are international conventions that are universal and where the jurisdiction of international bodies exists regardless of whether a specific state is a member of an international organization. The Committee for the Prevention of Torture, a body of the Council of Europe, concluded an agreement with UNMIK and they have visited Kosovo several times, given their recommendations, and Kosovar authorities cooperate with international bodies in this context. A bigger problem is how Denmark will exercise its jurisdiction on the territory of Kosovo. This will be a very problematic and highly complex legal issue," our interlocutor explains.

In response to whether simply transferring prisoners from Denmark to Kosovo constitutes a violation of their rights, Jankovic draws a parallel with individuals sentenced by the International Criminal Tribunal.

"What really contradicts international regulations is that individuals from Serbia or Bosnia and Herzegovina were sent to serve their sentences in remote countries, thus violating their rights. For example, I visited Milan Martic who is in Estonia, not in the capital, but in a remote location, and we changed three planes to get there. It was very expensive and exhausting. There are other issues too. For instance, where a different language is in use, there's a communication issue. The right of the individual includes rights to access the press and television. He could not follow Serbian language programs in Estonia. Further, there are issues of participation in cultural activities, religious rights... Therefore, serving a sentence far from one's place of residence is problematic," he states.

Regarding the Kosovo-Denmark agreement, according to him, rights would be violated if Danish citizens, or individuals residing in Denmark, were transferred to Kosovo. If it concerns individuals being deported, migrants who reside in a country in Africa or Asia, then the question arises whether it makes a difference if they are imprisoned in Kosovo instead of Denmark.

"What if his family is in Denmark, and he is in Kosovo? The issue is quite complex and it stirs controversy and the fact is that international bodies will take a stance on this, as it has now become practice for certain countries, which I think is a wise move by the Danish authorities, to subtly eliminate a problem by paying some money," says Jankovic.

Jankovic also emphasizes that the problem does not end with the completion of the sentence because it remains open what will happen with these people once their sentences expire.

"They certainly will not be returned to Danish territory, so the Danes won't have to worry about what to do with them. They will likely stay in Kosovo, and then the Kosovar authorities will probably negotiate, seeking money on how to deport them. Many will benefit, lawyers will gain a lot, health services…, everything that is done will be charged, so there are benefits for many entities," he says.

Asked whether this will pose a security risk to the region, Jankovic notes that it is hard to assess today and recalls that millions of migrants have passed through this region.

"Our country first opened its borders, I personally was at these informal crossings, where people moved in columns, all under the watch of the UNHCR. It was allowed for migrants who entered without passports, without anything, to pass through the territory of Serbia, some camps were made… The fact is that Serbia, as well as other countries in the region, have not had major security issues. Today we have a problem at the border with Hungary because the informal system managed to consolidate, and then it's more about conflicts between these migrant leaders, it's actually about the creation of mafia clans which the state should abolish as soon as possible," concludes Jankovic.