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UNCLAS SECTION 01 OF 07 PRISTINA 000065 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR G/TIP, G-ACBLANK, EUR, EUR/SCE, DRL, INL, PRM, EUR/PGI 
 
E.O. 12958: N/A 
TAGS: PHUM KTIP KJUS EAID KDEM KCRM KWMN SMIG KFRD ASEC
PREF, ELAB, KV 
SUBJECT: NINTH ANNUAL TRAFFICKING IN PERSONS (TIP) REPORT FOR KOSOVO 
PART 2 OF 3 
 
REF: STATE 132759 
 
¶34. (SBU) There have been some unintended consequences of PCCK 
Articles that were meant to curb trafficking and protect victims. 
For example, under UNMIK Regulation 2001/4, trafficking victims are 
not required to testify against their exploiters in order to receive 
assistance and are entitled to repatriation without delay. 
Consequently, some victims leave Kosovo before their traffickers go 
to trial.  UNMIK Regulation 2005/16 requires documentation from 
would-be workers in Kosovo.  It has helped Border Police officers 
identify and curb trafficking at border entry points, but the KPS, 
international organizations, and NGOs report that it has led 
traffickers to use more clandestine means of entry or to provide the 
victims with employment contracts for work as waitresses or dancers. 
 Finally, Article 139 provides for prosecution of persons who 
knowingly use or procure the sexual services of a victim of 
trafficking.  This article punishes clients of trafficking victims, 
but its deterrent effect is limited due to the difficulty in proving 
that a client knew he or she was procuring the services of a 
trafficking victim. 
 
35.(SBU) No new anti-trafficking laws were passed during the 
reporting period.  Kosovo law permits civil claims for criminal 
offences and allows compensation for material, emotional, or moral 
damage.  There are no non-criminal statutes specifically designed to 
enable civil penalties against alleged trafficking crimes. 
 
Question 25B: Punishment of Sex Trafficking Offenses: What are the 
prescribed and imposed penalties for trafficking people for sexual 
exploitation? 
 
¶36. (SBU) PCCK Article 139 on trafficking in persons provides for 
two to 12 years imprisonment for engaging in trafficking in persons 
(three to 15 years if the victim is a minor), seven to 20 years plus 
a fine of up to 500,000 Euros for organizing a group to commit the 
offense, six months to five years for negligently facilitating 
trafficking in persons, three months to five years for procuring 
sexual services of a known trafficking victim (two to 10 years if 
the victim is under the age of 18).  Public officials convicted of 
trafficking offenses are subject to greater sentences.  Under 
Article 139, an official would receive five to 15 years in prison 
for engaging in trafficking, at least ten years for organizing a 
group to commit the offense, and two to seven years for negligently 
facilitating trafficking in persons or procuring sexual services of 
a trafficking victim (five to 12 years if the victim was a minor). 
 
¶37. (SBU) PCCK Article 140 provides for punishment of one to five 
years imprisonment for withholding identification documents of 
victims of trafficking.  If the perpetrator is an official in the 
exercise of his or her duties, the punishment is three to seven 
years imprisonment. 
 
Question 25C: Punishment of Labor Trafficking Offenses: What are the 
prescribed and imposed penalties for trafficking for labor 
exploitation, such as forced or bonded labor?  If your country is a 
source country for labor migrants, do the government's laws provide 
for criminal punishment -- i.e. jail time -- for labor recruiters 
who engage in recruitment of workers using knowingly fraudulent or 
deceptive offers with the purpose of subjecting workers to 
trafficking in the destination country?  If your 
country is a destination for labor migrants, are there laws 
punishing employers or labor agents who confiscate workers' 
passports or travel documents for the purpose of trafficking, switch 
contracts without the worker's consent as a means to keep the worker 
in a state of service, or withhold payment of salaries as means of 
keeping the worker in a state of service? 
 
¶38. (SBU) PCCK Article 137 on establishing slavery, slavery-like 
conditions and forced labor provides for imprisonment of two to 10 
 
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years for general cases, three to 10 years if the perpetrator has a 
domestic relationship with the victim, three to 15 years if the 
victim is a child, and five to 12 years if the perpetrator is an 
official (five to 20 years if the victim is a child). 
 
¶39. (SBU) Trafficking in persons for other than sexual exploitation 
is rare in Kosovo, and statistics on imposed punishments for forced 
labor and involuntary servitude do not exist.  There are no records 
of such cases ever being tried in Kosovo. 
 
Question 25D: What are the prescribed penalties for rape or forcible 
sexual assault? (Note:  This is necessary to evaluate a foreign 
government's compliance with TVPA Minimum Standard 2, which reads: 
"For the knowing commission of any act of sex trafficking . . . the 
government of the country should prescribe punishment commensurate 
with that for grave crimes, such as forcible sexual assault (rape)." 
 End Note.) 
 
¶40. (SBU) PCCK Article 193 covers rape and forcible sexual assault. 
It provides for prison sentences of two to 10 years imprisonment for 
rape (five to 20 years if the victim is under 16); three to 10 years 
if the victim is unprotected or his or her security is in danger; 
five to 15 years if the victim is tortured or injured or if a 
dangerous weapon is used, if the perpetrator has caused the victim 
to become intoxicated, if the offense is committed by more than one 
person, or if the perpetrator knows the victim is vulnerable because 
of age, a handicap, illness or pregnancy, or if the perpetrator has 
a domestic relationship with a victim between the ages of 16 and 18; 
and five to 20 years if the perpetrator has a domestic relationship 
with a victim under the age of 16.  If the victim dies, the minimum 
sentence is 10 years in prison. 
 
Question 25E: Law Enforcement Statistics: Did the government 
prosecute any cases against human trafficking offenders during the 
reporting period?  If so, provide numbers of investigations, 
prosecutions, convictions, and sentences imposed, including details 
on plea bargains and fines, if relevant and available.  Please note 
the number of convicted traffickers who received suspended sentences 
and the number who received only a fine as punishment. Please 
indicate which laws were used to investigate, 
prosecute, convict, and sentence traffickers.  Also, if possible, 
please disaggregate numbers of cases by type of TIP (labor vs. 
commercial sexual exploitation) and victims (children under 18 years 
of age vs. adults).  If in a labor source country, did the 
government criminally prosecute labor recruiters who recruit workers 
using knowingly fraudulent or deceptive offers or by imposing fees 
or commissions for the purpose of subjecting the worker to debt 
bondage?  Did the government in a labor destination country 
criminally prosecute employers or labor agents who confiscate 
workers' passports/travel documents for the purpose of trafficking, 
switch contracts or terms of employment without the worker's 
consent to keep workers in a state of service, use physical or 
sexual abuse or the threat of such abuse to keep workers in a state 
of service, or withhold payment of salaries as a means to keep 
workers in a state of service?  What were the actual punishments 
imposed on persons convicted of these offenses?  Are the traffickers 
serving the time sentenced?  If not, why not? 
 
¶41. (SBU) From January 1, 2008 to through December 31, 2008, the 
Kosovo judiciary worked on 56 trafficking in persons-related cases, 
32 of which were unresolved cases from previous years.  During the 
reporting period, 24 cases were completed, resulting in 15 
convictions.  Fourteen traffickers received prison terms, all 
greater than five years.  Six cases were transferred to other 
courts, three were dismissed based on lack of evidence, and one 
trafficker received a suspended sentence.  None received fines. 
 
¶42. (SBU) Limiting factors on effective prosecution included a weak 
witness protection system that inhibited more extensive undercover 
 
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operations.  Victims returning to their homes without testifying 
against their traffickers or refusing to testify against their 
traffickers further weakened prosecutions.  The Kosovo Special 
Prosecutor's Office (KSPO) continued its focus on building strong 
cases against trafficking networks instead of going after individual 
bars also affected the number of trafficking convictions.  Before 
2007, prosecutors tended to go after bars, only to see them reopen 
again a few months later with the same trafficked women. 
 
¶43. (SBU) There is no evidence to suggest that Kosovo is a source or 
destination for forced laborers.  KPS reports that no forced labor 
cases came to its attention in 2008. 
 
Question 25F: Does the government provide any specialized training 
for government officials in how to recognize, investigate, and 
prosecute instances of trafficking? Specify whether NGOs, 
international organizations, and/or the USG provide specialized 
training for host government officials. 
 
¶44. (SBU) The GOK provides training on recognizing and investigating 
trafficking in persons.  KPS Training Department officers provide 
specialized and Balkans-specific training to recruits at the Kosovo 
Center for Public Safety, Education, and Development.  During the 
reporting period, KPS Training Department officers at the Kosovo 
Center for Public Safety, Education, and Development provided 
anti-TIP training to 56 police recruits and officers.  The KPS also 
provided training for an additional 13 Training of Trainers (TOT) 
during 2008.  The KPS THBS section, in cooperation with NGOs and 
other government institutions, conducted 18 training sessions, 11 of 
which were given to other KPS officers. 
¶45. (SBU) The MOIA held an additional four TIP sessions with 
students at the University of Pristina.  The Ministry of Education, 
Science, and Technology conducted two anti-TIP training sessions at 
schools in Kacanik, including the distribution of anti-TIP 
materials, and an anti-TIP class given by certified trainers.  The 
Ministry of Culture held 14 anti-TIP workshops for young children 
and adolescents. 
¶46. (SBU) A number of international and national training 
organizations also provide comprehensive training programs on 
trafficking in persons to Kosovo judges and prosecutors.  The Kosovo 
Judicial Institute, the primary national training organization, 
provided training on prosecuting trafficking and similar crimes 
twice in the reporting period.  The United States Government 
embedded a Resident Legal Advisor (RLA) in the KSPO in 2007.  Among 
her duties are training, monitoring, mentoring and advising a 
prosecutor dedicated to TIP cases.  Nevertheless, many involved in 
counter-trafficking work say that judges and prosecutors would 
benefit from more training. 
 
Question 25G: Does the government cooperate with other governments 
in the investigation and prosecution of trafficking cases?  If 
possible, provide the number of cooperative international 
investigations on trafficking during the reporting period. 
 
¶47. (SBU) Kosovo is still developing regional law enforcement 
relationships since declaring independence in February 2008.  During 
the year Albania, Macedonia, Montenegro, and Croatia recognized 
Kosovo's independence.  Serbia, Bosnia and Herzegovina, and Greece 
have not recognized Kosovo, and this limits effective regional law 
enforcement cooperation.  Kosovo is not able to join Interpol, 
Europol, and the Southeast European Cooperative Initiative due to 
some countries' resistance to recognizing Kosovo's independence. 
Kosovo cooperated with Interpol and Europol during the reporting 
period under UNMIK's auspices, and these competencies are 
transferring to EULEX. 
 
¶48.  (SBU) The KPS reported two cooperative international 
investigations of trafficking cases during the reporting period (one 
case with Montenegro, another with Albania).  KPS officers report 
 
PRISTINA 00000065  004 OF 007 
 
 
good cooperation with their Albanian counterparts through the 
Albanian Liaison Office, as well as with their Montenegrin 
counterparts.  The liaison relationship with both Albania and 
Montenegro yielded specific information on trafficking cases in 
Kosovo. 
 
¶49. (SBU) Prior to Kosovo's declaration of independence, the KPS, 
under the UNMIK umbrella, held bi-monthly meetings with the Serbian 
Ministry of Interior.  The KPS no longer has the monthly meetings 
with the Serbian Ministry of the Interior due to Serbia's refusal to 
engage directly with GOK institutions.  Kosovo maintains an office 
to coordinate its dealings with Interpol and Europol.  The KPS 
provides requested information to international organizations and 
foreign governments, but police officers complain that regional 
countries do not always reciprocate in sharing information. 
 
¶50. (SBU) The National Anti-Trafficking Coordinator (NATC) reports 
good cooperation with some of his counterparts in neighboring 
countries, and Kosovo continues to pursue international agreements 
combating TIP and participates in regional fora when diplomatic 
conditions allow.  The MOIA signed a Memorandum of Understanding 
(MOU) with Albania to coordinate efforts in dealing with organized 
crime and TIP.  The GOK is negotiating a similar agreement with the 
Government of Macedonia.  The NATC also participated in an 
International Center for Migration Policy Development (ICMPD) 
conference discussing Transnational Referral Mechanisms (TRM) and 
promoting regional cooperation in Southeastern Europe in Vienna, 
Austria in November 2008. 
 
Question 25H: Does the government extradite persons who are charged 
with trafficking in other countries?  If so, please provide the 
number of traffickers extradited during the reporting period, and 
the number of trafficking extraditions pending. In particular, 
please report on any pending or concluded extraditions of 
trafficking offenders to the United States. 
 
¶51. (SBU) Prior to independence Kosovo was unable to enter into 
formal extradition treaties because it lacked status as a sovereign 
state.  Instead, UNMIK possessed the authority to enter into 
international agreements to transfer Kosovo citizens to other 
countries on a case-by-case basis, and extradite foreign nationals 
under UN Security Council Resolution 1244.  As a newly independent 
state, Kosovo is reviewing its treaty obligations and has not yet 
negotiated any new extradition treaties.  UNMIK has not yet 
transferred extradition competencies to the GOK.  Since the end of 
the conflict in 1999, UNMIK extradited eight people and facilitated 
the transfer of four Kosovo residents to foreign countries.  No 
persons were extradited for trafficking during the reporting period. 
 The GOK's Ministry of Justice, with UNMIK's help, extradited from 
Kosovo an additional 12 people and received 25 Kosovo citizens since 
1999; none were extradited for trafficking during the reporting 
period. 
 
Question 25I: Is there evidence of government involvement in or 
tolerance of trafficking, on a local or institutional level?  If so, 
please explain in detail. 
 
¶52. (SBU) There is no evidence of government involvement in or 
tolerance of trafficking on a local or institutional level. 
Nevertheless, KPS has reported that foreign trafficking victims 
often arrive in Kosovo with valid documents and employment contracts 
registered by local attorneys and stamped by municipal authorities. 
They believe the attorneys and local authorities may be aware that 
the girls are being trafficked into Kosovo to work as prostitutes, 
despite the fact that the traffickers are asking them to draft and 
register employment contracts stating the girls will be waitresses 
or dancers. 
 
¶53. (SBU) The GOK is tackling corruption.  It established the Kosovo 
 
PRISTINA 00000065  005 OF 007 
 
 
Anti-Corruption Agency and the Police Inspectorate of Kosovo (PIK) 
in July 2006, and the Kosovo Special Prosecutors' Office (KSPO) in 
September 2006.  The Kosovo Anti-Corruption Agency began its 
operations in February 2007; according to its head, Hasan Preteni, 
it submitted 21 corruption cases to prosecutors by June, and expects 
to submit approximately 50 more for the second half of 2008. 
 
¶54. (SBU) The PIK is an independent body within the MOIA designed to 
promote police efficiency and effectiveness, hold police accountable 
for their actions, and investigate alleged major violations of law. 
The PIK forwards the results of investigations revealing violations 
to the recently formed Senior Police Appointment and Disciplinary 
Committee (SPADC) for possible further action.  SPADC will commence 
full operations in 2009. 
¶55. (SBU) Through January 2009, the PIK investigated 2,024 active 
cases, of which 789 were based on complaints from citizens, and 
1,235 were from the KPS itself.  Of those cases, 168 were being 
investigated further, 323 were deemed unfounded, 482 investigations 
were completed and forwarded to SPADC, and 781 were turned over to 
the Professional Standards Unit (PSU), which focuses on 
investigating and punishing minor police offenses.  The remaining 
270 cases are still under investigation. 
¶56. (SBU) The PSU handles the investigation and punishment of minor 
police offenses and is run by the KPS.  Between January and 
December, the PSU opened 989 cases, most commonly involving 
unauthorized absence from duty, leaving the area of assignment, and 
damage or loss of police property.  As of December, 716 of these 
cases were completed, 500 were deemed to have merit, and 212 were 
deemed unfounded.  Four remain open.  The PSU closed one case 
without investigative measures due to the resignation of the accused 
officer.  Sanctions ranged from dismissal to temporary suspension or 
mandatory training.  As of December, a total of 273 cases were still 
under investigation; in cases involving violations of the criminal 
code, many of the employees were suspended temporarily pending a 
court decision. 
 
¶57. (SBU) The KSPO is currently working the most complex and 
sensitive cases under the tutelage of international prosecutors, 
with a transition underway to EULEX prosecutors to assist in this 
role.  Eventually Kosovo nationals at the KSPO will take full 
responsibility for sensitive cases, including corruption, organized 
crime and trafficking.  There are currently six special prosecutors 
on staff with plans to add four more.  The KSPO also has nine legal 
officers.  One prosecutor specializing in TIP cases began work in 
February 2007, and remains engaged on TIP cases.  The KSPO's 
authorized strength is ten special prosecutors. 
 
Question 25J: If government officials are involved in trafficking, 
what steps has the government taken to end such participation? 
Please indicate the number of government officials investigated and 
prosecuted for involvement in trafficking or trafficking-related 
corruption during the reporting period.  Have any been convicted? 
What sentence(s) was imposed?  Please specify if officials received 
suspended sentences, or were given a fine, fired, or reassigned to 
another position within the government as punishment.  Please 
indicate the number of convicted officials that received suspended 
sentences or received only a fine as punishment. 
 
¶58. (SBU) There were no government officials investigated or 
prosecuted for involvement in trafficking or trafficking related 
corruption during the reporting period, and Post has found no 
evidence of government officials being involved in trafficking 
during this reporting period.  The GOK is aware that susceptibility 
to corruption is a problem in Kosovo due in particular to the low 
salaries local law enforcement officials receive.  In 2006, the GOK 
established three government bodies whose mandates include 
anti-corruption work: the Police Inspectorate of Kosovo (PIK), the 
Kosovo Special Prosecutors' Office (KSPO) and the Kosovo 
Anti-Corruption Agency.  (See paragraphs 54-57 for a more detailed 
 
PRISTINA 00000065  006 OF 007 
 
 
examination of their results.) 
 
Question 25K: Is prostitution legalized or decriminalized? 
Specifically, are the activities of the prostitute criminalized? 
Are the activities of the brothel owner/operator, clients, pimps, 
and enforcers criminalized?  Are these laws enforced?  If 
prostitution is legal and regulated, what is the legal minimum age 
for this activity?  Note that in countries with federalist systems, 
prostitution laws may be under state or local jurisdiction and may 
differ among jurisdictions. 
 
¶59. (SBU) Voluntary prostitution is a minor offense under the Kosovo 
Law on the Preservation of Public Peace and Order Article 18(6), and 
the law punishes the prostitute, but not the client.  The prostitute 
may receive up to 60 days in jail and, if foreign, face deportation. 
 In 2008, the KPS arrested 22 individuals for prostitution or 
possible engagement in prostitution.  A client may only be punished 
under PCCK Article 139 if he or she knowingly procures the services 
of a trafficking victim.  In practice, it is difficult to prove that 
a client had such knowledge. 
 
¶60. (SBU) Under PCCK Article 201, providing the premises for 
prostitution or recruiting, organizing or assisting a person with 
the crime of prostitution is punishable by a fine or imprisonment of 
up to three years.  If prostitution is practiced within a 350-meter 
radius of a school or other locality used by children, the 
facilitator may receive six months to five years in prison. 
Facilitating prostitution for someone between the ages of 16 and 18 
in punishable by one to 10 years imprisonment, and doing so for 
someone under the age of 16 is punishable by one to 12 years 
imprisonment. 
 
Question 25L: For countries that contribute troops to international 
peacekeeping efforts, please indicate whether the government 
vigorously investigated, prosecuted, convicted, and sentenced 
nationals of the country deployed abroad as part of a peacekeeping 
or other similar mission who engaged in or facilitated severe forms 
of trafficking or who exploited victims of such trafficking. 
 
¶61. (SBU) Kosovo does not contribute troops to international 
peacekeeping operations. 
 
Question 25M: If the country has an identified problem of child sex 
tourists coming to the country, what are the countries of origin for 
sex tourists?  How many foreign pedophiles did the government 
prosecute or deport/extradite to their country of origin?  If your 
host country's nationals are perpetrators of child sex tourism, do 
the country's child sexual abuse laws have 
extraterritorial coverage (similar to the U.S. PROTECT Act) to allow 
the prosecution of suspected sex tourists for crimes committed 
abroad?  If so, how many of the country's nationals were prosecuted 
and/or convicted during the reporting period under the 
extraterritorial provision(s) for traveling to other countries to 
engage in child sex tourism? 
 
¶62. (SBU) There is no evidence, anecdotal or otherwise, that child 
sex tourism exists in Kosovo. 
 
Question 26A:  What kind of protection is the government able under 
existing law to provide for victims and witnesses? Does it provide 
these protections in practice? 
 
¶63. (SBU) Protection and assistance to trafficking victims are 
governed by the Standard Operating Procedures (SOPs) that were 
designed with the help of UNMIK, international organizations, and 
NGOs in 2006.  The GOK further updated the procedures in October to 
include Transnational Referral Mechanisms (TRM) and establish common 
procedures for communicating and interacting with other countries. 
Both foreign and local VOT are eligible for the same benefits, 
 
PRISTINA 00000065  007 OF 007 
 
 
although foreign victims who wish to return to their countries of 
origin also have a right to IOM repatriation assistance.  Under the 
SOPs for VOT, when police or social workers suspect that someone is 
a trafficking victim, a KPS officer must fill out a Basic Data Form 
and call a victims' advocate from the Ministry of Justice Victims' 
Assistance and Advocacy Division (VAAD). 
 
¶64. (SBU) Victims' advocates assist all trafficking victims with 
legal advice and support from identification through reintegration. 
Victims' advocates also give victims information on medical and 
psychosocial support services available to them.  In the case of 
minors, social workers from the MLSW's Center for Social Work (CSW) 
must be present for any questioning of the victim.  The CSW 
representatives assist minors from identification through 
reintegration. 
 
¶65. (SBU) If KPS determines that the person is a victim of 
trafficking, and the victim agrees, they will place him or her in 
the MOJ-run Interim Security Facility (ISF).  If the victim is a 
child, police must seek agreement from a representative of the CSW. 
On the second or third day, IOM discusses repatriation options with 
foreign victims.  If the victim is from Kosovo, the CSW discusses 
reintegration options.  At that point, if the victim is not high 
risk, he or she will normally go to a local NGO shelter to await 
repatriation or social reintegration within Kosovo.Kosovo 2009 TIP 
Report Submission continued SEPTEL - Part 2 of 3. 
 
KAIDANOW