Tdh Capitalisation Report – The CSO Implementation in Kosovo 1
Direct aid to children in need, free of political racial or religious bias
Terre des hommes Foundation
Restoring Justice by Serving Community
The Community Service Orders’ implementation in Kosovo
Minors in Conflict with the Law Project
Miranda Bunçica, social worker, Tdh Kosovo
Jessica Xavier, Resource Person Institutional and Human Development, Regional Delegation
CHAÎNE DU BONHEUR
Tdh Capitalisation Report – The CSO Implementation in Kosovo 2
From February 2001 to December 2004, Terre des hommes was directly involved in juvenile
justice in Kosovo, through its Minors in Conflict with the Law (MCL) Project.
This report is a capitalisation of the Community Service Orders (CSO) implementation in the
This programme ended with the introduction of a new Juvenile Justice Code that specifically
designates the Probation Service of Kosovo, a public institution, as the sole body responsible
for executing CSO measures. Terre des hommes’ legal basis to intervene has therefore
This step represents an improvement for juvenile justice. The goal of any non governmental
organisation (NGO) developing a pilot project is to see a public institution taking over: being
under the responsibility of the Probation Service of Kosovo, the CSO measure is now
reinforced in the Province and its sustainability ensured.
Terre des hommes wishes to present its achievements along the almost four years of
intervention, the model of action it developped and the lessons learnt through this experience.
Such an exercise is important for the partners and donors of the project, in order to explain
what has been done: thanks to their support. But more importantly, it is a tool for the future:
although the law has changed, the procedure of implementation remains similar. Therefore, the
problems identified and the lessons learnt are still valid under the new legislation.
Based on past documentation, data collection and interviews, Terre des hommes would like to
share its findings with all the stakeholders involved in CSO implementation (judges,
prosecutors, lawyers, probation officers but also representatives of institutions receiving CSO
cases, etc.). This is why this report is aimed at being published and largely distributed.
Furthermore, it will serve as a basis for future multidisciplinary round tables in order to better
define the challenges ahead, to imagine the possible solutions and to maintain the
professionals’ motivation in developing juvenile justice in Kosovo.
Tdh Capitalisation Report – The CSO Implementation in Kosovo 3
THE CSO IMPLEMENTATION IN KOSOVO
Terre des hommes launched, together with the UNMIK Correctional Service, an evaluation
mission on Juvenile Justice in October 2000. This exercise was led by André Dunant, juvenile
justice consultant, and Patricia Crozel, co-ordinator of Terre des hommes MCL project in
At that time, the experts found that there were no available alternatives to detention in the
Province, even though legislation provided some measures that had never been implemented.
As a result, only juveniles who had committed serious offences were brought to justice.
Considering the particular post-war context in Kosovo, strengthening the juvenile justice was
seen both as an opportunity in a country that was being rebuilt, and an emergency due to an
increasing number of juvenile offenders.
In their conclusions, the experts recommended the introduction of a pilot project for the
implementation of CSO, initially in Mitrovica and then progressively in other parts of the
I. Why recommending the implementation of CSO?
As a principle, when dealing with juvenile justice, alternative measures must be the rule, and
detention the exception.
According to article 37 (b) of the International Convention on the Rights of the Child (CRC)
“the arrest, detention or imprisonment of a child shall be in conformity with the law and shall
be used only as a measure of last resort and for the shortest appropriate period of time”.
However, sanctions remain very important, as they include an educational and a psychological
dimension that are fundamental for the juveniles’ development. Furthermore, they fulfil three
principles of justice:
Every offence should be penalised;
The community should obtain redress;
The offender should be rehabilitated.
Rule 18.1 of the United Nations Standard Minimum Rules for the Administration of Justice
(Beijing Rules) states a non-exhaustive list of alternatives to institutionalisation that should be
given priority, including CSO.
The CSO is a real educational sanction calling for personal commitment on the part of the
juvenile offender. The minor agrees to carry out a number of non-paid hours of work for social
institutions, public works, persons in need or even the victim of the offence. The purpose of
this sanction is to reintegrate the child in society.
Tdh Capitalisation Report – The CSO Implementation in Kosovo 4
When this measure is well organised and the public understands it, it can prove highly positive
for all persons and parties concerned, and, consequently, is very well accepted by the juvenile,
his family, the community and the victim.
In order to implement CSO, only a very light structure is needed, involving modest financial
costs. The work in community can be imposed from 40 to 120 hours and is therefore not time
consuming. Finally, it avoids the stigmatisation of the minor while incorporating the concept of
In conclusion, the CSO were recommended as they respect international principles while being
well adapted to the context in Kosovo.
II. The specific situation in the Province
Several findings pinpointed in the evaluation of 2000 are still valid nowadays.
Kosovo is faced with an important social and economical crisis. Large movements of
population from the countryside to cities ill-equipped to deal with the phenomenon, breakdown
of traditional family ties, a surging unemployment rate and the psychological impact of the
conflict are strong factors in the increase in juvenile delinquency in the Province.
At the same time, public institutions are being rebuilt from scratch, which is a slow process.
The lack of specialised institutions to take care of minors, the shortage of human and financial
resources, the difficulties met by schools to deal with the huge number of pupils add up to
create a poor social follow-up on children, often left by themselves. The juvenile justice itself
is faced with shortcomings: an important backlog and a strong turnover phenomenon impede
the progresses made with the introduction of specific courts to deal with minors.
This situation leads to a feeling of emergency for almost half of the population of Kosovo is
under 22 years old.
III. The MCL project
Terre des hommes launched its MCL project in February 2001.
Up to September 2001, Terre des hommes’ mission in Kosovo led a research on the best ways
to introduce its pilot project, through the analysis of the existing legislation and discussions
with the main juvenile justice stakeholders.
Terre des hommes established strong need and willingness for the development of alternative
measures to detention, especially for the implementation of CSO in Kosovo. Furthermore, it
found legal basis to intervene within the Article 17 of the Criminal Law of the Socialist
Autonomous Province (SAP) of Kosovo, pursuant to UNMIK Regulation N° 1999/24 on the
Law applicable in Kosovo, which provided for CSO.
Legal basis to intervene are essential in order to implement a pilot project;
The project intended must be flexible and adapted to the local context;
Partnerships and agreements with public institutions are of the utmost importance.
Tdh Capitalisation Report – The CSO Implementation in Kosovo 5
One of the seminars organized by Tdh regarding the introduction and training of Juvenile Justice Structures
on Alternative Measures
From September 2001 to January 2003, the first phase of the MCL project took place in
Mitrovita and Prishtina.
Its aim was to introduce international standards in juvenile justice and to develop it in a way
adapted to the specific context in Kosovo.
In order to do so, two axis of intervention were defined:
1. Direct CSO implementation, in cooperation with courts and Centres for Social Work;
2. Information and sensitisation of the professionals through seminars and roundtables.
A judicial Circular on the implementation of the Pilot Project of Terre des hommes Foundation
(reproduced in Annex 1) clarified the stakeholders’ responsibility in implementing the CSO.
The roles of the police, the officers of the Centres for Social Work, the Juvenile judges, the
institutions receiving CSO cases and the social workers from Terre des hommes were specified
(Points 7 to 12). At the same time, this document set clear guidelines on the CSO measure itself
(Points 2 to 6), clarifying the existing legislation.
Terre des hommes set several seminars, roundtables and workshops all over the Province, in
order to inform and sensitise professionals. The first cases of CSO appeared, Terre des hommes
implementing 12 cases during this period.
Collaboration was not always easy, even though a document existed.
Information and sensitisation of professionals are the first step to achieve good results;
Although several methods are available, their outcomes are different. Seminars
represent a good way to inform large number of participants, but multidisciplinary
workshops and roundtables, with a smaller number of persons, are better suited for
Tdh Capitalisation Report – The CSO Implementation in Kosovo 6
In January 2003 started the second phase of the MCL project, planned to last up to December
The results achieved in Mitrovita and Prishtina aroused huge interest from other regions in the
Province. The municipalities of Gjilan and Prizren, as well as the Grancanica enclave, formally
requested Terre des hommes’ intervention. Furthermore, UNMIK, UNICEF and the different
Centres for Social Work supported the geographical extension of MCL project in Kosovo.
The second phase of the MCL project saw its strengthening:
Direct CSO implementation, together with the main juvenile justice stakeholders, took
place in Mitrovita, Prishtina, Gjilan, Prizren, Peja and Ferizaj;
Professionals’ sensitisation and training were maintained, aimed at continuous
information and better networking among the main juvenile justice actors.
A third axe of intervention was added, concerning the prevention of juvenile
delinquency (for children aged between 9 and 14 years old) through tight collaboration
with police forces and schools.
During this phase, a new MOU was signed together with the Department of Justice, Ministry of
Labour and Social Welfare, District/Municipal courts and District/Municipal prosecutors of
Mitrovita, Prishtina, Prizren, Gjilan and Peja.
Terre des hommes implemented 104 cases of CSO measures and organised several
multidisciplinary seminars, roundtables and workshops.
The steady increase in CSO proved the interest and adaptation of such an alternative
However, as shown in the next section, results were unequal from one region to another.
Trainings and information are ongoing processes and should be pursued, furthermore
since a new legislation came into force in 2004.
Since January 2005, Terre des hommes is not responsible anymore for the implementation of
CSO measures. However, roundtables and workshops on juvenile justice, as well as its project
on prevention of the juvenile delinquency continue.
IV. Statistical results on CSO implementation 2001 – 2004
From 2001 to 2004, Terre des hommes implemented, together with the main juvenile justice
stakeholders, 116 cases of CSO.
Distribution by year
Year of judgement 2001 2002 2003 2004 TOTAL
Number of CSO pronounced 0 12 70 34 116
Year of implementation 2001 2002 2003 2004 TOTAL
Number of CSO cases 0 12 53 51 116
Tdh Capitalisation Report – The CSO Implementation in Kosovo 7
These figures show that the CSO are still at their first phase of implementation. The year 2004,
marking the entry into force of a new legislation, saw a dropping in the number of judgements
pronouncing this measure. This phenomenon is normal taking into consideration the time
needed for the juvenile justice professionals to become familiar with the new legislation.
However, further trainings are necessary to insure that the measure remains a priority when
dealing with juvenile offenders.
The second table indicates the number of cases followed by Terre des hommes. The difference
in the number of cases is due to delays in implementing the measures pronounced. Some of the
judgements took place in the final quarter of 2003 and some time was needed for the judges to
order the entry into force of the sentences.
Status of the CSO implementation
Status of implementation Number of cases Percentage
CSO completed 80 68.97%
Pending choice of institution 2 1.72%
and number of hours
Case still active 4 3.45%
Case implemented with the 4 3.45%
Probation Service of Kosovo
CSO interrupted – judge 4 3.45%
Juvenile has committed another 3 2.59%
offence and is now in jail
The measure was changed 12 10.34%
Prosecution appealed 1 0.86%
The measure has not started – 3 2.59%
Juvenile lives abroad 1 0.86%
Juvenile could not be located 2 1.72%
TOTAL 116 100%
Total of cases implemented or about to: 90 cases (77.59%)
Total of cases impossible to implement: 26 cases (22.41%)
About 4 sentence of CSO measure out of 5 can be executed. One cannot force a minor to
undertake CSO. When the sentence is not executed, it is very important that a new measure be
pronounced, for the juvenile not to interpret a lack of consequences as impunity.
Age of the juvenile
Age 14 15 16 17 18 19 20 TOTAL
Cases 0 7 18 60 19 8 4 116
Percentage 6.03% 15.52% 51.72% 16.38% 6.90% 3.45% 100%
Half the juveniles condemned to CSO were 17;
It then concerned mainly juveniles aged 16 or 18;
Juveniles below 16 or above 18 were rarely sentenced to CSO measures.
Tdh Capitalisation Report – The CSO Implementation in Kosovo 8
Courts pronouncing CSO measures
Court Number of cases Percentage
Municipal Court 55 47.41%
District Court 3 2.59%
Municipal Court 15 12.93%
District Court 14 12.07%
Municipal Court 7 6.03%
District Court 5 4.31%
Municipal Court 3 2.59%
Municipal Court 6 5.17%
Municipal Court 8 6.90%
TOTAL 116 100%
The distinction between municipal and district courts is very clear, municipal courts being
much more disposed to issue CSO measures.
Municipal courts: 94 cases (81.03%)
District courts: 22 cases (18.97%)
But important differences among the regions can be pinpointed:
About 75% of the cases took place in Mitrovita and Prishtina
Mitrovita: 58 cases (50% of the overall amount of cases)
Prishtina: 29 cases (25% of the overall amount of cases)
Only 25% of the cases came from other parts of Kosovo and with again important differences
Prizren: 12 cases – 10.34%
Ferizaj: 8 cases – 6.90%
Peja: 6 cases – 5.17%
Gjilan: 3 cases – 2.59%
The regions where the MCL project was implemented from January 2003 need to be
Tdh Capitalisation Report – The CSO Implementation in Kosovo 9
Type of crime
Type of crime Number of cases Percentage
Theft 43 37.07%
Heavy theft 32 27.59%
Attempt theft 1 0.86%
Attempt heavy theft 3 2.50%
Robbery 1 0.86%
Heavy robbery 1 0.86%
Involvement in a fight 1 0.86%
Slight injury 6 5.18%
Heavy injury 3 2.60%
Attempt murder 1 0.86%
Unpremeditated murder 2 1.72%
Abduction 2 1.72%
Rape 1 0.86%
Traffic offence 2 1.72%
Overall endangerment 2 1.72%
Money falsification 2 1.72%
Illegal detention of weapons 6 5.18%
Unnatural acts 1 0.86%
Fraud 1 0.86%
Illegal production narcotics 2 1.72%
Documents falsification 2 1.72%
False denunciation 1 0.86%
TOTAL 116 100%
Property offences concerned the majority of cases: 81 minors (69.83%)
Type of public institutions where CSO were carried out
Type of institutions Number of cases Percentage
Water supply 9 7.76%
Metal sheets factory 2 1.72%
Agronomy faculty 4 3.45%
Shock absorber factory 1 0.86%
Traffic police 2 1.72%
Public utilities 3 2.60%
Meat factory 1 0.86%
Kindergarten 2 1.72%
City library 10 8.62%
Bus station 8 6.90%
Fire brigade 37 31.90%
Garage 7 6.03%
Sports’ hall 3 2.60%
Cultural Centre 11 9.48%
Elderly house 2 1.72%
Radiator factory 1 0.86%
Textile factory 2 1.72%
N.S.H Elani 2 1.72%
Juveniles not placed for 9 7.76%
TOTAL 116 100%
Tdh Capitalisation Report – The CSO Implementation in Kosovo 10
V. New law, new challenges
Terre des hommes legal basis to intervene on CSO implementation does not exist anymore:
since April 2004, a new Juvenile Justice Code came into force, which specifically designated
the Probation Service of Kosovo (a branch of the Correctional Service) as the sole body
responsible (see Annex 2 for extracts).
Article 6(2) of the Juvenile Justice Code still provides for CSO to be applicable. However, it is
not seen as an educational measure anymore, but a punishment. As a result, and according to
Article 6(3), it cannot be imposed on minors who had not reached the age of sixteen at the time
of the commission of the criminal offence.
CSO can also be a diversion measure (Article 15(6)), which can be pronounced by the
Prosecutor (Article 50(1)) or by the Judge (Article 50(2)). Conditions for a diversion measure
to be pronounced are stated in Article 14.
The CSO as a punishment is described in Article 28:
(1) The court may order community service work with the consent of the minor
to replace an institutional educational measure of up to three years, juvenile
imprisonment of up to two years or a fine.
(2) When imposing an order for community service work, the court shall order
the minor to perform unpaid community service work for a specified term of
thirty (30) to one hundred and twenty (120) hours. The Probation Service will
determine the type of community service work to be performed by the convicted
person, designate the specific organization for which the convicted person will
perform the community service work, decide on the days of the week when the
community service work will be performed and supervise the performance of the
community service work.
(3) The community service work shall be performed within a period specified by
the court which shall not exceed one year.
(4) If, upon the expiry of the specified period, the minor has not performed the
community service work or has only partially performed such community
service work, the court shall order that a proportionate duration of the original
term of the institutional educational measure or juvenile imprisonment be
executed, considering the duration of community service work that has been
performed. In the case of a fine, the court shall order the payment of a fine
proportionate to the duration of the community service work that has not been
It is to be noted that the Probation Service of Kosovo is involved in all steps of the procedure:
It writes the first social inquiry to be handed to the judge prior to the judgement (Article
7(2 and 3));
Officers may be present during the trial (Article 68(2));
The Probation Service of Kosovo is the body responsible for the execution of the CSO,
both as a diversion measure (Article 79(1)) and as a punishment (Articles 128 and 129).
Tdh Capitalisation Report – The CSO Implementation in Kosovo 11
In conclusion, CSO procedures remain identical to the previous legislation, but it is for the
Probation Service of Kosovo to follow-up its implementation. However, this responsibility
represents only a tiny portion of this body’s tasks, as it is in charge of all non-custodial
measures, both for adults and minors. Still understaffed and under funded, it faces tremendous
challenges before being fully operational, which is only a question of time for its human
resources are highly motivated.
Tdh Capitalisation Report – The CSO Implementation in Kosovo 12
VI. Interview with Fëllëza Kadiu Juvenile Judge, District Court of Prishtina
Fëllëza Kadiu, District Court Judge presenting her opinion about the CSO alternative measure
Innovation in the Judicial System
CSO achieved results on prevention of criminal acts done by juveniles. The unpaid work that
they have conducted raised awareness on them for their penal responsibility.
The mere fact that the criminal acts have not been repeated by these juveniles confirms the
above-mentioned point and have affected that these juveniles understand better the division
between right and wrong.
It remains the duty of the judge and the Kosovo Probation Service to always bear in mind that
they deal with a juvenile (emotionally inexperienced) and convince him/her that CSO is a penal
sanction for them because they did a penal act.
I suggest that in future these impositions as an alternative towards educational measures and
imprisonment for juveniles be applied more, but it should not become routine because the
Juvenile Judges with the assistance of the Probation Service and other Institutions have to
consider the well being of the juvenile and only when this is taken into consideration to apply
Tdh Capitalisation Report – The CSO Implementation in Kosovo 13
VII. Interview with the Juvenile who served CSO
The minor G.M. from Fushë Kosova for his criminal act of heavy theft has been sentenced with
the education measure of the raised observation by the Custodian Service along with
Community Service Order in total of 80 hours.
The story of the juvenile after the conviction with CSO:
“I was afraid that I would be apprehended again if I do not attend CSO”
When I received the conviction I had no idea for what it was about, at the beginning I thought
that this had to do something with my employment and the other that was very oppressing for
me was the fear that if I did not respond to this afterwards I wild be again apprehended. To tell
you the truth I did not favor the whole situation happening for me because I was very afraid.
After the visit of the social workers of TDH and the explanation they gave me I felt relieved
but again I did not favor to go to an Institution and conduct an unpaid service. Again I felt fear
of what will happen to me in the Institution. How will I be accepted?! How will I be treated?!
What will I concretely do?!
Together with the social workers of TDH we went to the Institution so that I begin with the
CSO. After they presented the Institution supervisor that will take care of me and appointing
me my duties and obligations that I would fulfil, they left and I remained there to conduct the
hours for the day.
I felt very lonely and frightened since I found adhesion in the social workers of TDH that put
away my fear, and now I was alone there and I did not know what would happen to me.
Few days after my attendance in the Institution I changed entirely my opinion which now
seems to have been all wrong, since I found very nice people over there, which treated me in a
special way and created a warm family environment for me which I did not have for a long
I started to think differently for life, for my future and I saw that reality is different from what
has happened to me. I think of creating my own family one day, to take care of them, to have a
nice job and to live a quiet and normal life like everybody else.
Tdh Capitalisation Report – The CSO Implementation in Kosovo 14
Now the juvenile G.M. after the completion of CSO is attending the Informatics Course. He is
likes the course and thinks that this will affect more for him to indulge more positive values in
CSO case accomplishing the number of hours pronounced by the relevant court
Tdh Capitalisation Report – The CSO Implementation in Kosovo 15
Implementation of the Pilot Project of Terre des hommes Foundation (Tdh)
In Accordance with article 17 of the Criminal Law of the Socialist Autonomous Province (SAP) of Kosovo,
pursuant to UNMIK Regulation No. 1999/24 on the Law applicable in Kosovo.
1. This circular sets forth the procedure for the Pilot Project of Terre des hommes to be implemented in the
form of a measure in accordance with article 17 of the Criminal Law of the SAP Kosovo in
Mitrovicë/Mitrovica and Prishtinë/Priština regions.
Community Service Order (CSO)
2. The International Convention on the Rights of the Child (CRC), in Article 37 (b, c and, in particular d) and
in Article 40, requires that alternatives to institutionalization be available to ensure that sentencing is
consistent with the aims of Juvenile Justice and the general principles of the CRC. The United Nations
Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules) propose, in Rule 18.1,
alternatives (non-exhaustive list) to the institutionalization of the child, one of the mentioned alternatives
being a Community Service Order (CSO).
3. The competent judicial authority (Juvenile Judge) can apply the measure of Community Service Order to a
child who has committed criminal acts according to article 17 (1) of the Criminal Law of the Socialist
Autonomous Province (SAP) of Kosovo especially:
- “To become engaged in certain socially useful activities in his leisure time”,
- “To take part in activities of humanitarian and youth organizations” and
- “To fulfil other obligations assigned by the court.”
4. According to article 17 (2), “the judge may modify or abolish the obligations he/she has imposed”. The law
does not set the duration precisely but rather provides guidelines that the judge should respect in
determining a specific solution (article 14, 15, 16 of the Criminal Law of the SAP Kosovo).
5. The CSO consist of an unpaid work of an educational nature, the purpose of which is to contribute to the
reintegration of the child in society, according to article 73 (1) of the Criminal Code of the Socialist Federal
Republic of Yugoslavia which states, that the child “who at the time of the commission of a criminal act
had attained the age of 14 years but not reached the age of 16 years may not be punished but educational
measures shall be ordered on him” as well as according to article 39 of the CRC that states that the measure
of CSO should be pronounced in promoting “the recovery and social reintegration of the child …, which
shall take place in an environment which fosters the health, self-respect and dignity of the child”.
6. The Court may, upon the child’s consent and the consent of his/her parents /guardians and assessment of
the Social Service Officer of the Center of Social Work (CSW), decide to pronounce the measure according
to article 17 of the Criminal Law of the SAP of Kosovo together with the obligation that the child must
perform unpaid work in the community service or the specific organization appointed by the Court, under
the supervision of the Social Service Officer of the CSW in coordination with the person appointed as a
social worker under the supervision of Terre des hommes
The work in the community service shall be imposed from 40 up to 120 working hours.
The work in the community service shall be performed within a one-year period.
The court shall decide on the amount of the working hours while the Social Service Officer of the CSW
recommends on the days of the week and the suitable period of the year, when they should be performed.
When the work in the community service is not performed completely without any justifiable reasons, the
court decides on substituting the CSO by another educational measure to be executed in proportionality
with the remaining not performed work in the community service.
Criteria for selecting the institutions appropriate for the fulfilment of the CSO by the child.
7. According to article 32 (1) of the CRC “the State’s Parties recognize the right of the child to be protected
from economic exploitation and from performing any work that is likely to be hazardous or to interfere with
Tdh Capitalisation Report – The CSO Implementation in Kosovo 16
the child’s education. Or to be harmful to the child’s health or physical, mental, spiritual, moral or social
development”. The institutions appropriate for having the child work must ensure the effective enforcement
of the article 32 of the CRC.
8. According to article 29 (5) of the Criminal Law of SAP Kosovo, the person, appointed as an officer by the
supervising institution is responsible for the child in respect of the provisions of the CRC.
The procedure for implementation of the CSO
9. The police, after investigating the facts of a criminal offence, inform the prosecutor or the judge. According
to article 459 (2) of the Yugoslav Law on Criminal Procedure, the juvenile judge or the prosecutor notifies
the competent juvenile welfare authority (Social Service Officer of the CSW) of every proceeding instituted
against a child.
10. The Social Service Officer of the CSW submits an initial social report including a pre-sentencing
assessment taking into consideration the suggestions of the person appointed as a social worker under the
supervision of Terre des hommes concerning the recommendations of a CSO.
11. According to article 17 of the Criminal Law of SAP Kosovo, the Juvenile Judge having chosen the measure
of CSO will identify the public institution appropriate for accompanying the child placed under a CSO and
determine the duration of the CSO.
12. The person appointed as a social worker for Terre des hommes supervises the implementation and
fulfilment of the order issued by the judge and submits a monthly report to the Social Service Officer of the
CSW to be included in the latter’s quarterly report. He/she furthermore sends a final report to the Social
Service Officer of the CSW for him/her to submit it to the judge, who will then decide on the follow-up
(end of measure, changing measure etc, as indicated in the law). He/she assists the child in fulfilling the
conditions of the order.
13. According to Article 26 of the CRC, “The State parties shall recognize for every child the right to benefit
from social security, including social insurance, and shall take the necessary measures to achieve the full
realization of this right in accordance with the national law”. The CSO will be performed under the
responsibility of the public authorities for injuries caused to the child during the order and during his travel.
Public authorities will also be held responsible for damages to others caused by the child and resulting
directly from execution of the CSO. For the duration of the Pilot Project, Terre des hommes will provide an
insurance contract for personal accidents, a contract signed between the Insurer, the Insurance Institute,
INSIG- Sh.a. and the Contractor, Terre des hommes.
14. The persons appointed as the social workers for Terre des hommes will be financed by Terre des hommes
and will coordinate and co-operate with the Social Service Officer of CSW.
Tdh Capitalisation Report – The CSO Implementation in Kosovo 17
The Juvenile Justice Code of Kosovo
Measures and punishments applicable to minors
(1) The measures that may be imposed on minors are diversion measures and educational measures.
(2) The punishments that may be imposed on minors are fines, orders for community service work and juvenile
(3) Only measures may be imposed on minors who not have reached the age of sixteen years at the time of the
commission of a criminal offence.
Selection of Applicable Measures and Punishments
(2) The Probation Service shall prepare a complete social inquiry on the minor upon the request of the public
prosecutor, the juvenile judge or the court as provided for in the present Code. The social inquiry shall include
information about the minor’s age and psychological development, family background, the background and
circumstances in which the minor is living, school career, educational experiences, the conditions under which the
criminal offence has been committed and any other relevant information.
(3) Prior to the selection of any measure or punishment, the court shall, in all cases except those involving minor
offences, request from the Probation Service the social inquiry referred to in paragraph 2 of this article and a
recommendation regarding the selection of a measure or punishment.
Purpose of diversion measures
The purpose of diversion measures is to prevent, whenever possible, the commencement of proceedings against a
minor offender, to promote the positive rehabilitation and re-integration of the minor into his or her community
and thereby prevent recidivist behaviour.
Conditions for the imposition of diversion measures
(1) A diversion measure may be imposed on a minor who has committed a criminal offence punishable by a fine
or by imprisonment of three years or less.
(2) The conditions for the imposition of a diversion measure are:
1) Acceptance of responsibility by the minor for the criminal offence;
2) Expressed readiness by the minor to make peace with the injured party; and
3) Consent by the minor, or by the parent, adoptive parent or guardian on behalf of the minor, to perform
the diversion measure imposed.
(3) The failure of the minor to perform the obligations of a diversion measure shall be reported promptly to the
competent prosecutor who may decide to recommence the prosecution of the case.
Type of diversion measures
The diversion measures that may be imposed on a minor offender are:
1) Mediation between the minor and the injured party, including an apology by the minor to the injured party;
2) Mediation between the minor and his or her family;
Tdh Capitalisation Report – The CSO Implementation in Kosovo 18
3) Compensation for damage to the injured party, through mutual agreement between the victim, the minor and his
or her legal representative, in accordance with the minor’s financial situation;
4) Regular school attendance;
5) Acceptance of employment or training for a profession appropriate to his or her abilities and skills;
6) Performance of unpaid community service work, in accordance with the ability of the minor offender to
perform such work;
7) Education in traffic regulations; and
8) Psychological counselling.
Order for community service work
(1) The court may order community service work with the consent of the minor to replace an institutional
educational measure of up to three years, juvenile imprisonment of up to two years or a fine.
(2) When imposing an order for community service work, the court shall order the minor to perform unpaid
community service work for a specified term of thirty (30) to one hundred and twenty (120) hours. The Probation
Service will determine the type of community service work to be performed by the convicted person, designate the
specific organization for which the convicted person will perform the community service work, decide on the days
of the week when the community service work will be performed and supervise the performance of the
community service work.
(3) The community service work shall be performed within a period specified by the court which shall not exceed
(4) If, upon the expiry of the specified period, the minor has not performed the community service work or has
only partially performed such community service work, the court shall order that a proportionate duration of the
original term of the institutional educational measure or juvenile imprisonment be executed, considering the
duration of community service work that has been performed. In the case of a fine, the court shall order the
payment of a fine proportionate to the duration of the community service work that has not been performed.
(1) The public prosecutor may suspend the prosecution of a criminal offence and impose a diversion measure if
the conditions under Article 14 are fulfilled. Before deciding on a diversion measure, the prosecutor shall summon
the minor, his or her parents, adoptive parents or guardian and defence counsel.
(2) The juvenile judge may impose a diversion measure if the conditions under Article 14 are fulfilled. Before
deciding on a diversion measure, the juvenile judge shall summon the minor, his or her parents, adoptive parents
or guardian and defence counsel. If the juvenile judge decides to impose a diversion measure, any ongoing
proceedings shall be stayed.
(2) In addition to the persons referred to in Article 321 of the Provisional Criminal Procedure Code, the parent,
adoptive parent or guardian, a representative of the Guardianship Authority and a representative of the Probation
Service shall be summoned to the main trial. The failure of such persons to appear shall not prevent the court from
holding the main trial.
Execution of Diversion Measures
(1) When the prosecutor, the juvenile judge or the court imposes a diversion measure, the ruling and all other
relevant information shall be sent to the competent Probation Service to execute this measure.
(2) The Authority which imposed the diversion measure shall supervise the execution of the diversion measure.
Tdh Capitalisation Report – The CSO Implementation in Kosovo 19
(3) If the minor fails to perform an obligation ordered as a diversion measure, the Probation Service shall verify
the facts and the reasons for the failure to perform the obligation and shall inform the authority which imposed the
diversion measure and the competent public prosecutor.
Execution of Sentences
(1) The provisions in the applicable Law on Execution of Penal Sanctions on the execution of a suspended
sentence with an order for community service work shall apply mutatis mutandis to the execution of orders for
community service work imposed on minors.
(2) If it is in the interest of the minor, the Probation Service may seek assistance from or cooperation with the
Guardianship Authority or the legal representative of the minor.
(3) Special attention should be paid to ensuring that the completion of community service work does not prevent
regular school attendance or other important activities.
(1) The Probation Service staff shall submit a written report to the court that has imposed the punishment on the
performance of the community work and any obstacles in the execution of this measure.
(2) If the minor cannot complete the community service work because of subsequent change in circumstances for
which he or she is not responsible, the Probation Service shall ask the court to review the order for community
(3) The court may, in view of the results achieved, amend the order or terminate the execution of the measure.
Tdh Capitalisation Report – The CSO Implementation in Kosovo 20
Terre des hommes’ model of action
Terre des hommes’ model of action consisted of different steps in implementing CSO
measures, following the procedures laid down in the Judicial Circular (refer to Annex 1).
1. The court decision
2. The first family visit
3. Implementation of CSO measure
5. Completion of CSO measure
6. Post-CSO activities
Each of theses stages is briefly described and followed in annexes by the tools used by Terre
des hommes in implementing CSO measures.
Although the model of action was based on the previous legislation, procedures have not
changed drastically, meaning that the main lessons learnt and some tools are still valid
STEP ONE: The court decision
Proceedings started with the handing over of a social inquiry from a Centre for Social Work.
From that stage on, Terre des hommes could be involved, if required, during the following
1. The judge (and sometimes the Centre for Social Work) informed Terre des hommes a CSO
measure might be handed to a juvenile
2. It happened that the judge asked Tdh to go to visit the family before sentencing the child, in
order for the measure to be correctly explained beforehand.
3. Furthermore, the Foundation could be invited to court session, in order to explain to the child
what was a CSO measure and the benefits he could gain out of it
4. Although it was for the judge to choose the institution receiving the case, out of a list of
institutions with which conventions had been signed, Terre des hommes was sometimes asked
to participate to this selection.
5. The judge then sentenced the child to CSO measure, outlining the number of hours to be
performed and the name of the institution receiving the minor. This sentence could be executed
in a 12 months period.
6. It was then for Terre des hommes social workers, together with the Centres for Social Work,
to follow-up this implementation.
Tdh Capitalisation Report – The CSO Implementation in Kosovo 21
For CSO measures to be handed over, it is important that judges, prosecutors and
lawyers are fully aware of their existence and benefits. This is why information sessions
and trainings remain vital for the sustainability of this alternative measure.
Concerning the execution of the sentence, although a 12 months period was, and still is,
provided for, it is very important, for the child, to begin his CSO as soon as possible.
It happened that judges decided on CSO measures without Terre des hommes’ presence,
just informing the Foundation afterwards. This situation led from time to time to the
refusal of the child to undertake CSO. In these cases, it has always been possible to
change the juvenile’s objections through dialogue. According to the new legislation, the
Probation Service of Kosovo might take part to the court session, although its presence
is not compulsory. From past experiences, it seems that it is important to open dialogue
with the minor as soon as possible, and therefore participation to sessions is
In rare occasions, the CSO measure was not appropriate for the child had already been
sentenced to detention, or his whereabouts were not known. Judges had to be informed
as soon as possible in order to be able to change their decision.
TOOLS USED BY TERRE DES HOMMES AT THIS STAGE
Terre des hommes wrote a paper on criterions for selecting proper institutions (Annex 3)
The Foundation largely distributed questionnaires to possible institutions (Annex 4), in order
to identify those agreeing in taking part to the project. Formal agreements were then signed.
An up-dated list of institutions with which Terre des hommes was collaborating was kept
(Annex 5), to be handed out to the judge in its decision-making process.
Tdh Capitalisation Report – The CSO Implementation in Kosovo 22
CRITERIONS FOR SELECTING THE INSTITUTIONS WHERE THE COMMUNITY
SERVICE ORDER (CSO) COULD BE IMPLEMENTED
The criterions regarding the selection of the institutions where the CSO could be implemented are not made up by
chance. They were selected primarily from the experience of the countries where this measure has been applied for
a long time. But we have to keep on mind that the CSO is a decision taken by the Court towards the young
offender, it can be accomplished only through the public institutions which are able to accept the children in
conflict with law and offer them a work, not to gain profit but to reeducate them in terms of being useful for the
society in general. The criterion generally accepted is that the institutions must be of public character. The reason
why this criterion is chosen is the character of CSO itself, which includes the work directed towards the common
interest, or more precise: the fact of caring out the work of common interest contains also, a kind of indemnity for
the damage that a child caused to the society while breaking the law.
The reason why the private institutions are not foreseen is to avoid competition, to prevent the risk of exploitation
of the young offenders and finely the public institutions have a higher level of control through the hierarchal levels
of responsibilities. Depending on what kind of breach has been made, how dangerous it was for the society and,
also the damage it caused, the Court can have the possibility to precise the duration of the measure as well as the
working hours per day that can be from 2 to 4 hours of working under CSO per day. It is better to have a great
variety of institutions so that the juvenile judge can have more choices in his hands.
Except the criterion that the institution should be public ones, another criterion is that, the institutions where the
CSO has achieved the expected results in reeducation of the young offenders should be included first, of course
based on the experience of the countries, which have already applied this measure. Here, we have in mind
institutions that are dealing with the maintenance of the environment, including the verdure, where a young
offender could be aware of the value of conserving the environment. If we make a wider interpretation of the
Criminal Law of Kosovo (CLK), in its article 17, we could conclude that a similar measure was foreseen in the
part where it presents the obligation that can be pronounced as a secondary measure to the young offender in order
to be included in the activities of youth organizations (for example).
There is no space for the institutions which nature of work is not suitable for the age of a young offender, or for
the institutions, which really have nothing to offer to the young offenders in terms of work for the benefit of the
society. From the above written context, we can conclude that the key criterion is: what can a certain institution
offer for CSO?
Another, special criterion is: if the institutions can offer a minimum of monitoring the young offender while he is
carrying out the CSO, which means that one person should be responsible for monitoring the child while he is
working. This was requested from each institution for another reason, that is: the juvenile should not be in danger
of possible accidents, injuries or in a position not to full fill his assignment. All this can be compiled as the care
for the security of the young offender, his health and his efficiency towards the work for the common interest. We
can only imagine the risks if a young offender is left alone in carrying out the work which needs a minimum care.
Always with the aim to make children aware of certain values, such as health, a young offender who has breached
the traffic regulations, for example, driving without license, can be sent to the hospital where he can see the
consequences of the traffic accidents and be aware that these things happen in reality. In one aspect, the young
offender will have a chance to try through his contribution to eliminate the damage such as, for example,
jeopardizing the people in traffic.
If there is a case of a young offender who’s sensitive towards children, than the judge can send him to a
Kindergarten for the CSO. Except the emotional aspect, the young offender will have the possibility to have
contacts with adults, first of all the educators of the Kindergarten, which could positively influence on the young
offender. The Kindergartens that we visited have small gardens where the young offender can work on
maintenance and the verdure, from time to time.
Another criterion that we have followed while selecting the institutions was what kind of work they can offer for
the child in conflict with law, accounting the psychophysical state of the child, i.e. if the offered work is match
Tdh Capitalisation Report – The CSO Implementation in Kosovo 23
This questionnaire is directed towards institutions where Community Service Orders (CSO) could be carried out
1. Can you accept young persons against whom the court has pronounced a measure of CSO?
2. What kind of job can you offer to young offenders?
3. Are you able to offer, to young offenders, a job that meets their needs in terms of their age, their
mental and physical development?
4. Could you identify a person responsible for the CSO implementation, in order to monitor the
regular attendance and the technical control of the work undertaken?
5. Are you able to guarantee a risk-free environment from exploitation and mistreatment of young
6. Could you accept more than one young offender?
7. Do you have any particular question?
Tdh Capitalisation Report – The CSO Implementation in Kosovo 24
List of institutions working with Terre des hommes
Region of Prizren
1. IMB – “Sillosi” Xërxe, 5. IT “Printeks” – Prizren 9. “CIVILENI” NPK. Ujësjellsi
Fabrika e Bukës – Prizren Kontakt personi: Sedat Peralli dhe kanalizimi
Kontakt personi: Reshat Tel. 029/42-067 Kontakt personi: Agim Bytyqi
Qaflleshi 6. SH.A “Kosovatransi” – Tel. 029/44-157
Tel. 029/43-56 Prizren 10. “Falmme-ing” –
2. NPM “Famipa” – Prizren Kontakt personi: Liman Ndërmarrja Prodhuese
Kontakt personi: Xheladin Elshani Inginherin
Gërmizaj Tel. 029/44-270 Kontakt personi: Sedat Heroi
Tel.044/220-606 7. GTZ – Prizren Tel. 029/42-157 (23 830)
3. Brigada e Zjarrëfikësve – Kontakt personi: Ewald 11. “Ballkani” Fabrika e
Prizren Spitaler eng. & tek. Consultant Gomës – Therandë
Kontakt personi: Murat Berisha Tel. 029/32-176 Kontakt personi: Muhamet
Tel. 029/22-093 dhe 044/201- 8. “Elan” Ndërmarrje Shala
501 ndërtimore – Prizren 12. “Komunalja” – Therandë
4. NP „Higjena“ – Prizren Kontakt personi: Hysein Kazaz Kontakt personi: Tahir Kolgeci
Kontakt personi: Hana Canaj Tel. 029/41-360 Tel. 029/71-770
1. Palestra Sportive 5. Kosovatransi (stacioni i 9. Fabrika e Radiatorëve – fsh.
Kontakt personi: Hafiz Gashi autobusëve) Budrikë e Ultë – Gjilan
Tel. 0280-25-507 Kontakt personi: Jakup Berisha Kontakt personi: Slavko
2. Brigada e Zjarrëfikësve Tel. 0280-24-307 Stanojevic
Kontakt personi: Isa Bllaca 6. Agrokombinati Bujqësor Tel. 063-301-817
Tel. 0280-20-999 Kontakt personi: Selajdin Isufi 10. Brigada e Zjarrëfikësve –
3. Ujësjellësi Tel. 0280-23-637 Viti
Kontakt personi: Xhelal 7. Kombinati-Integj Kontakt personi: Adem Osmani
Selmani Kontakt personi: Jakup Bajrami Tel. 044-278-293
Tel. 0280-26-980 Tel. 0280-22-122 11. Brigada e Zjarrëfikësve –
4. NSH Qeliku 8. Fabrika e Radiatorëve Kamenicë
Kontakt personi: Besim Azizi Kontakt personi: Nazmedin Kontakt personi: Sabri Rexha
Tel. 0280-20-052 Daku Tel. 0280-71-538
1. Hidrohigjiena 5. Brigada e Zjarrëfiskëve 8. Brigada e Zjarrëfikësve –
Kontakt personi: Gani Mustafa Kontakt personi: Halil Osmani Kaqanik
Tel. 0290-20-650/22-259 Tel. 0290-27-740/044-143-488 Kontakt personi: Ylber Shehu
2. Salla e Sporteve 6. Shtëpia e Kulturës “Hivzi Tel. 0290-80-545/044-224-812
Kontakt personi: Ramadan Sylejmani” 9. Shtëpia e Kulturës –
Ademaj Kontakt personi: Rrahim Kaqanik
Tel. 044-172-800 Sadiku Kontakt personi: Abdullah
3. Biblioteka e Qytetit Tel. 044-121-294 Malsiu
Kontakt personi: Enver 7. Autoshtëpia – Mustafë Tel. 0290-80-265
Zhinipotoku Rexhepi 10. NP – Lypeteni – Kaqanik
Tel. 0290-20-606/044-227-175 Kontakt personi: Kemajl Kontakt personi: Sali Brudi
4. Qerdhaja e Fëmijëve Varoshi Tel. 0290-80-466/044-225-386
Kontakt personi: Tefik Sadiku Tel. 044-165-022/0290-20-
Tel. 0290-20-380 545/0290-22-819
Tdh Capitalisation Report – The CSO Implementation in Kosovo 25
1. Ndërmarrja Publike „Syri I Ndërmarrje e higjienoteknikës 4. Shtëpia e shëndetit
Kaltërt“ Kontakt personi: Hasime Kontakt personi: Milazim
Ndërmarrje për menagjimin e Krasniqi Kryeziu
ujësjellësit Tel. 044-201-316 Tel. 044-201-289
Kontakt personi: Nijazi Bytyqi 3. Kosovatransi – Stacioni i 5. Brigada e Zjarrëfiskëve
Tel. 044-391-926 autobusëve Kontakt personi: Aziz Telaku
2. Ndërmarrja Publike Kontakt personi: Isuf Mazreku Tel. 044-205-755
Komunale “Lumi” Tel. 044-201-285
1. Hortikultura 12. Hekurudha 23. Shtëpia e Kulturës –
Kontakt personi: Sadik Pllana Kontakt personi: Ymer Sallahu Vushtrri
Tel. 028-33-938 Tel: 028-20-300 Kontakt personi: Skender Musa
2. Kosovatransi – stacioni i 13. Biblioteka Tel. 028-70-525
autobusëve Kontakt personi: Hajr Mustafa 24. Drejtoria e Sporteve –
Kontakt personi: Bahri Xhaferi Tel. 044-146-228 Vushtrri
Tel. 044-147-211 14. Shtëpia e Kulturës Kontakt personi: Fetah Rashica
3. Shërbimet Komunale Kontakt personi: Haki Shkreli Tel. 044-213-201
Kontakt personi: Refki Aliu Tel. 028-32-010 25. Qendra Rinore – Vushtrri
Tel. 028-33-211 15. Muzeu i Qytetit Kontakt personi: Xhavit
4. Elekrodistribucioni Kontakt personi: Turknas Mehmeti
Kontakt personi: Hamiete Konjusha Tel. 028-71-399
Qorrolli Tel. 028-23-509 26. Brigada e Zjarrëfikësve –
Tel. 044-193-232 16. Muzeu i Minierës Vushtrri
5. Drejtoria e Tregut Kontakt personi: Vjollca Meha Kontakt personi: Gani Isa
Kontakt personi: Mehmet Tel. 028-31-233 Tel. 044-197-311/028-71-016
Bajrami 17. Brigada e Zjarrëfiskëve 27. Qerdhja e Fëmijëve –
Tel. 028-33-943 Kontakt personi: Tahir Skenderaj
6. Drejtoria e Pyjeve Mikullovci Kontakt personi: Jashar
Kontakt personi: Gzim Raqa Tel. 028-30-129 Lushtaku
Tel. 044-173-936 18. Kosovatransi – Vushtrri Tel. 028-82-093
7. Qerdhja e Fëmijëve Kontakt personi: Qamil 28. NPK – 18 Qershori –
Kontakt personi: Hadia Kelmendi Skenderaj
Kukulec Tel. 028-71-499 Kontakt personi: Ilaz Halili
Tel. 028-23-501 19. Shërbimet Komunale – 29. PTK – Skenderaj
8. Drejtoria e Arsimit Vushtrri Kontakt personi: Emin Imeri
Kontakt personi: Muharrem Kontakt personi: Gazmend Tel. 044-182-309
Peci Abazi 30. Brigada e Zjarrëfikësve –
Tel. 028-30-521 Tel. 028-71-004 Skenderaj
9. Skolla Speciale 20. PTK – Vushtrri Kontakt personi: Liman Geci
Kontakt personi: Hajdar Shyti Kontakt personi: Habib Beqiri Tel. 028-82-495/044-194-996
Tel. 028-39-538 Tel. 044-165-602 31. Shtëpia e Kulturës –
10. Ujësjellësi regjional 21. Qerdhja e Fëmijëve – Skenderaj
Kontakt personi: Abdulhalim Vushtrri Kontakt personi: Sylejman
Nesimi Kontakt personi: Bahrie Spanca Lushtaku
Tel. 028-33-707/20-304 Tel. 044-111-696 Tel: 028-82-219/04
11. Drejtoria e Sporteve 22. Ndërmarrja ndërtimore –
Kontakt personi: Fehmi Fejza Vushtrri
Tel. 044-196-349 Kontakt personi: Hamit Xhaferi
Tdh Capitalisation Report – The CSO Implementation in Kosovo 26
1. Brigada e Zjarrëfikjes
Kontakt personi: Bardh Nitaj Tel. 039-32-694/33-975 5. Bibloteka ndërkomunale –
Tel. 039-31-503 (punëtoria teknike) Azem Shkreli
2. Spitali Rajonal 4. Higjiena publike Kontakt personi: Avdi
Kontakt personi: Isa Kaliqani Kontakt personi: Mevlyde Kelmendi
Tel. 039-33-455/044-125-463 Zhara Tel. 039-33-235
3. NP – Ujësjellësi Tel. 039-34-729/34-457/044-
Kontakt personi: Ferasete Aliu 364-571
1. Brigada e Zjarrëfikësve 2. Kosovatransi Kontakt personi: Jahir Gashi
Kontakt personi: Muharrem Kontakt personi: Idriz Musliu Tel. 038-571-630
Latifi Tel. 038-5706044
Tel. 044-144-180 3. PTK – Podujevë
1. Brigada e Zjarrëfikësve 7. Qerdhja e Fëmijëve Tel. 044-153-928
Kontakt personi: Viktor Kontakt personi: Afërdita 13. Fabrika e amortizatorëve
Krasniqi Mulla Kontakt personi: Gani Dauti
Tel. 038-548-005 Tel. 038-553-913 Tel. 038-541-435
2. Trafiku Urban 8. Qendra sportive Boro 14. Fakulteti i Bujqësisë
Kontakt personi: Latrik Ramizi Kontakt personi: Skender Musa
Xhemajli Kontakt personi: Afrim Gaxha Tel. 038-541-435
Tel. 038-553-511 Tel. 038-249-425 15. Fakulteti i Arteve
3. Shtëpia e Pleqëve 9. Teatri Dodona Kontakt personi: Arbëresha
Kontakt personi: Valbona Kontakt personi: Hasan Raqa
Makiqi Bajrami Tel. 038-227-201
Tel. 038-501-713 Tel. 038-230-623 16. Qendra Spitalore
4. Higjienoteknika 10. Magjistrala Kontakt personi: Safet Beqiri
Kontakt personi: Zejadin Kontakt personi: Shpend Tel. 038-500-600 (32-32)
Brahimi Bajrami 17. Industria e Mishit – Fushë
Tel. 038-525-191 Tel. 038-111-220 Kosovë
5. Termokosi 11. Ujësjellësi Batllava Kontakt personi: Milaim
Kontakt personi: Enver Ramadi Kontakt personi: Qaush Hoxha
Tel. 038-543-210 Bajrami Tel. 038-66-168
6. Drejtoria e Tregut Tel. 038-541-211 18. Shtëpia e Kulturës – Fushë
Kontakt personi: Hafiz 12. Bibloteka Kombëtare Kosovë
Krasniqi Kontakt personi: Muharrem Kontakt personi: Fazli Haziri
Tel. 044-175-509 Hallili Tel. 038-66-405
1. Brigada e Zjarrëfikësve Kontakt personi: Ibrahim 3. NSHPK “Ambienti” –
Kontakt personi: Neki Kollari Cmega Ndërmarrje e higjienoteknikës
Tel. 044-204-235/029-76-063 Tel. 044-200-656 Kontakt personi: Shaqir Shala
2. Kosovatransi Tel. 044-288-404
Tdh Capitalisation Report – The CSO Implementation in Kosovo 27
STEP TWO: The first family visit
As soon as the court reached its decision, Terre des hommes’ social workers opened a file on
the juvenile identity (Annex 6), containing personal information such as the minor’s social
and economical environment, as well as data on his physical and psychological development.
These elements are essential for an appropriate and individual follow-up on the CSO
implementation. Furthermore, they can partly explain the causes of the juvenile’s delinquent
acts. Such explanation remains vital for better prevention of new offences.
Information was gathered from a visit to the child and his family (Annex 7).
Such meetings are fundamental to build trust and collaboration.
Families are of the utmost importance for the success of the measure. But in order to
play an active role, parents need to understand the meaning and purposes of CSO
measures. As soon as they are fully informed, they usually offer their cooperation.
In some occasions, parents seemed opposed to the sanction, but it concerned mainly
the fact that they believed their child to be innocent. Through dialogue, once again,
their support could finally be obtained.
Trust between the juvenile and the social worker following his case is essential as
well. A young offender is very often at the same time a minor in danger. It is important
to work closely with the child to help him overcome his difficulties, in order to prevent
further offences to be committed.
TOOLS USED BY TERRE DES HOMMES AT THIS STAGE
The Child ID form has been drawn from Terre des hommes social workers’ experience
(Annex 6). It contains all needed information on social and economical environment, as well
as the physical and psychological development of the juvenile. Such data are required in the
final social report to be handed over to the judge at the completion of the CSO measure. The
writing down in a specific form allows the conclusions to be as objective and thorough as
possible. Information is to be added continuously. Every other form must be attached to the
child ID file. The fourth part of this document concerns specific assistance given to families.
Aid remains exceptional and deals only with material support: clothes, food, wood, etc.
The information on a child ID can now be gathered by the Probation Service of Kosovo when
they write the first social report to the judge. Data could be added during the CSO follow-up,
in order to hand back a complete final social report at the end of the measure.
A table on family visits (Annex 7) must be filled up, from the first meeting on. It allows
social workers to keep track on the number of encounters and their purpose. Usually, CSO
implementation does not require frequent family visits.
Tdh Capitalisation Report – The CSO Implementation in Kosovo 28
CHILD ID FILE
Name of the child: ___________________________________________________________
Date of birth: _______________________________________________________________
Phone number: ______________________________________________________________
Ethnic group: _______________________________________________________________
Name and functions of Tdh personnel following the case:
I. Social and Economical Environment
A. School level
School level reached Present school situation Present activities
B. Family situation
Number of people living in the family: ____________________________________________
Legal guardians’ situation:
Name Surname School level Activities
Brothers and sisters’ situation:
Name Surname Age School level Activities
Where does the child live? House – Apartment – Other ______________________________
Number of rooms: ____________________________________________________________
Facilities available: ___________________________________________________________
Tdh Capitalisation Report – The CSO Implementation in Kosovo 29
II. Physical and psychological development
Comments on the physical and psychological state of the child:
III. CSO implementation
Which was the offence committed: ______________________________________________
Date of judgement / File number: _______________________________________________
Name of the judge: ___________________________________________________________
Number of hours of CSO: ______________________________________________________
Institution in which CSO implemented: ___________________________________________
Name of the person following the child: ___________________________________________
What type of activity undertaken by the minor: _____________________________________
Date of insurance: ____________________________________________________________
Date of beginning of activities: __________________________________________________
Costs covered by Tdh / Amount / Date: ___________________________________________
Date of end of activities: _______________________________________________________
Date of handing over of social report: ____________________________________________
Comments on CSO completion:
IV. Type of assistance to the family
Date Tdh social worker Type of assistance Comments
Tdh Capitalisation Report – The CSO Implementation in Kosovo 30
FAMILY VISITS FORM
Name and surname of the child:
Date Tdh social worker Object of the visit Comments
Tdh Capitalisation Report – The CSO Implementation in Kosovo 31
STEP THREE: The CSO implementation
As soon as Terre des hommes’ social workers had reached an agreement with the juveniles
and their families, they prepared the CSO implementation, in cooperation with the Centre for
Social Work, formally responsible for the follow-up.
The institution that had been chosen by the judge for the execution of the measure was
contacted. Because it had already signed an agreement of collaboration, it had the obligation
to take on the child. However, a first meeting was very important, because the public
institution could face some internal problems that could prevent a good follow-up of the case
(human resources shortage, for example). In these instances, it was necessary for the judge to
designate another institution. Information on the CSO measure (number of hours) and about
the child were given to the person in charge of the case within the institution.
A second meeting was organised between this supervisor, the child and Terre des hommes’
social worker. An agreement, describing each party’s obligations, was then signed. A form
containing the list of hours undertaken by the minor was given to the institution to be filled up
during the CSO execution. At the end of the measure, this form would be given to the judge
together with the final social report, as a proof of completion.
Before the juvenile could start his community service work, he was insured by Terre des
hommes and monetary support would be given to his family for transport if needed.
A supervisor within the institution was very important, both for Terre des hommes and
for the child. A single person responsible facilitates the follow-up as it represents a
single referral point.
The signature of an agreement allows the child to become an actor of his CSO.
TOOLS USED BY TERRE DES HOMMES AT THIS STAGE
The service agreement (Annex 8) that had to be signed by all parties involved and stated
the obligations undertaken.
The statement of expenditure (Annex 9) is a specific form to Terre des hommes.
The list of hours (Annex 10) to be filled up by the person responsible for following-up the
execution of the CSO measure within the chosen institution. Personal remarks could be added
for the final social report to be more specific.
Tdh Capitalisation Report – The CSO Implementation in Kosovo 32
This agreement is made between the following parties:
1. Terre des hommes (Tdh), a Non-Governmental Organization implementing in Kosovo a "Minors in
Conflict with the Law Project", reperesented by the Tdh social worker:
2. The child: ……………………………………………………………….
For whom the juvenile Judge has ordered a period of …………….. hours.
3. The public institution able to accompany the child:
Represented by: ………………………………………………………
Telephone no: ……………………………………………………...
This agreement aims at the elaboration of a program of activities to be put into place for the child and the
obligations that will arise from it.
The Social worker of Tdh promises to assure the follow up of the order issued by the judge. That means:
- Putting the child and the person responsible in contact with each other so that they can organize the
program issued by the judge;
- Providing useful tasks which are not degrading ;
- Informing the Social Service Officer of the Centre for Social Work (CSW) about this program for
him/her to submit to the judge in order to obtain his/her consent;
- Ensuring that all goes ahead as intended;
- Intervening if the child or the person responsible requests such intervention;
- Carrying out a qualitative and quantitative evaluation at the end of the program with the person
responsible and the child;
- Submitting the report to the Social Service Officer of the Centre for Social Work at the end of the order
issued by the judge.
The child promises:
- To respect the timetable and the tasks provided;
- To inform the person responsible and the social worker of Tdh if there is any problem;
- To justify any absence to the social worker of Tdh (medical certificate …)
- Not to cause any damage (either material or moral) to the public institution able to accompany the child;
- Not to borrow any material which belongs to the public institution able to accompany the child;
- To behave in a correct manner (polite, punctual…)
- In case of difficulties to speak to the person responsible or the social worker of Tdh in order to work
- In cases of problems to speak to the person responsible or the social worker of Tdh;
- To be present at interviews necessary to ensure the correct working of the order issued by the judge.
The person responsible (from the public institution able to accompany the child) promises:
- To respect the timetable and the tasks provided for;
- To assure the child is looked after, the presence of a member of personnel when the child is working,
practical assistance, to furnish the necessary material for the tasks required (except if stated
Tdh Capitalisation Report – The CSO Implementation in Kosovo 33
- Not to expose the child to dangerous situations (respect of article 32 of the Convention of the Child the
- To prohibit the child from driving motorized vehicles;
- To ensure that the child works anonymous;
- To be present at interviews necessary to ensure the correct working of the order issued by the judge.
Hours worked outside the program will not be counted except if agreed beforehand with the social
worker of Tdh.
After an absence work can only be recommended if the social worker of Tdh so agrees.
Type of transportation of the child:
Tdh social worker: ………………………………….
Person responsible from the institution: …………………………………
Tdh Capitalisation Report – The CSO Implementation in Kosovo 34
STATEMENT OF EXPENDITURE
Nom et Prénom / Lastname and Firstname Qualité / Position
I the undersigned,
déclare avoir dépensé la somme de
Montant en chiffre et devise / Amount and currency
certify having spent the following sum
Montant en lettre / amount in capital letters
Détails / details
Nom du fournisseur, lieu d’achat, raison de l’absence du justificatif d’achat, etc.../ Supplier, place of purchase, reason for not having an invoice, etc...
A faire remplir et signer par le fournisseur / to be filled out and signed by the supplier
Code journal: Date: N. of bills Project code
Description Nr. Account Credit:
Amount Nr. Account debit:
Tdh Capitalisation Report – The CSO Implementation in Kosovo 35
Attendance Form for Community Service Orders carried out by the young offender
Name :………………………. Surname :……………………………..
Institution where the CSO is carried out :………………………………………..
Number of hours :…………………………………..
Responsible person in the institution :…………………………………………
Starting date:…………………. Ending date :……..……………..
Date Starting time & Ending time Signature Responsible
Tdh Capitalisation Report – The CSO Implementation in Kosovo 36
Remarks and suggestion by the person responsible in the institution:
Tdh Capitalisation Report – The CSO Implementation in Kosovo 37
STEP FOUR: Follow up
Terre des hommes’ social workers followed up the execution of CSO measures by meeting
the children at their working place, on average twice a week. The institutions would
furthermore phone in case of difficulties.
Regular information was sent to the Centre for Social Work, which had to hand over a
monthly report to the judge on the CSO follow-up.
Adjustments regarding the place of execution could be asked to the judge in cases where the
child was not properly followed up by the institution or when the juvenile required, for sound
reasons, a change of institution.
In some occasions, the minor was not presenting himself to the institution. Family visits were
then undertaken to clear the situation. If attendance problems continued, Terre des hommes
wrote a social report to the judge, stating that the measure had not been completed.
Regular meetings are compulsory. It helps the institution to follow-up the child
properly and allows the social worker to prevent or solve any difficulty in execution
the CSO measure.
However, the juvenile must be given a sense of responsibility. It means that failure to
attend should be regarded as the serious issue, and the measure should be changed if
the child does not fulfil his obligations.
TOOLS USED BY TERRE DES HOMMES AT THIS STAGE
A table on contacts with the designated institution had to be kept (Annex 11) for follow-up
Tdh Capitalisation Report – The CSO Implementation in Kosovo 38
Name and surname of the child:
Date Tdh social worker Name of the Nature and object Comments
person met of the contact
(phone call / visit)
Tdh Capitalisation Report – The CSO Implementation in Kosovo 39
STEP FIVE: Completion of the CSO measure
When the required number of work was completed, the institution gave back to Terre des
hommes the filled up list with the dates and hours undertaken to prove the end of CSO.
Terre des hommes’ social workers would then write a final social report containing all the
data gathered during the CSO execution, concerning the environment of the child, the
conditions of the implementation of the measure and further recommended activities (such as
complementary courses for example).
Although this document had to be as objective as possible, it allowed some room, within the
annexes, for comments on the problems encountered and the possible reasons for the child’s
TOOL USED BY TERRE DES HOMMES AT THIS STAGE
Terre des hommes’ social report content (Annex 12), to be handed over to the Centre of
Social Work responsible for following the case. This document would then be transmitted to
Tdh Capitalisation Report – The CSO Implementation in Kosovo 40
CONTENT OF THE FIRST PAGE:
- For Centre for the Social Work ( place )
- Attention to (name of the social worker and place)
- Subject : ( initials of young offenders name)
- File : ( number of the court decision)
- Juvenile Judge: ( name of the judge and the court )
- CSO : ( duration of the work – number of hours )
- Supervised by the social worker : ( names of the Tdh social workers )
- Institution where the young offender carried out the CSO
- Done on : ( date when the report is done )
- Place : (place where the report is done)
- Facts from the court decision: (type of offence and measure pronounced)
CONTENT OF THE SECOND PAGE:
- Title : Organization and follow up of the Community Service
- State of the young offender – social and economical environment
- Psychological and physical state of young offender
- Selection of the proper institution : ( explaining who chose the activities )
- Progress of CSO: ( follow up of the work, discussions with the responsible person that supervised the
young offender in the institution)
- Our opinion : ( what we think could have influenced the child into becoming a young offender)
- Final conclusion: (what is our opinion on the reintegration of the child)
- At the end name and surname of the Tdh social worker that wrote the report
Tdh Capitalisation Report – The CSO Implementation in Kosovo 41
STEP SIX: post CSO activities
Terre des hommes often offered post CSO activities to juveniles.
This intervention proved useful as a way to motivate the child into completing the CSO
measure. At the same time, post activities could help preventing further offences.
Activities would be chosen together with the juvenile. It would generally be trainings aimed
at helping the child to reintegrate society. Courses usually concerned professional trainings
(carpenter, mechanical trainings for example) or complementary courses (language or
computer classes for example), based on the interests of the minor. They lasted on average
three to four months after the completion of the CSO measure.
Parents needed to agree on the proposed post CSO activities. Follow-up was undertaken by
Terre des hommes’ social workers, on average once every two weeks. If the child failed to
attend regularly his courses, the activity was stopped.
Post CSO activities proved a very important and efficient tool in the MCL project. It
gave the children motivation and offered positive alternatives to juvenile delinquency.
TOOL USED BY TERRE DES HOMMES AT THIS STAGE
A specific form would be added to the child ID file (Annex 13) containing all needed
information, allowing proper follow-up.
Tdh Capitalisation Report – The CSO Implementation in Kosovo 42
POST CSO ACTIVITIES
Name of the child: __________________________________________________________
Phone number: _____________________________________________________________
Case number: ______________________________________________________________
Date end CSO measure: ______________________________________________________
Reasons for proposing post CSO activities:
Type of activities proposed: ___________________________________________________
Institution where activities take place: ___________________________________________
Date of family visit for agreement: ______________________________________________
Costs involved / Amount / Date:
Planned duration: ____________________________________________________________
Date beginning activities: ______________________________________________________
Date Tdh social worker Nature and object of visit Comments
Comments on follow-up
Date of end post CSO activities: _________________________________________________
Name/Surname/Functions of Tdh personnel responsible:
Tdh Capitalisation Report – The CSO Implementation in Kosovo 43
The CSO measure in Kosovo proved to be well adapted to the specific context and well
accepted, both by the juvenile justice professionals and by the children and their families.
Terre des hommes’ pilot project was a success, and the Foundation is very pleased with the
institutionalisation of the CSO provided for in the new legislation, insuring a better
However, results show that the integration of this alternative to detention in the Province is at
its first stage.
Activities are still required for informing the professionals, so all the regions could equally
apply this measure. At the same time, juvenile justice in Kosovo is undergoing a transitional
phase from the previous to the present legislation, which creates confusions among the main
stakeholders. Networking therefore remains a priority. This is why Terre des hommes plans to
pursue its multidisciplinary workshops and roundtables on juvenile justice, together with all
the actors involved, especially the Probation Service of Kosovo.
The establishment of this body represents a clear political willingness to introduce
international standards on juvenile justice in Kosovo. However, its mandate does not
specifically concern minors. All non-custodial measures fall under its responsibility. But
human, material and financial resources do not yet match the tasks ahead. Delays in giving
proper means to undertake these very complex functions could lead to a decrease in the
number of alternative sanctions issued, which, due to their degree of integration, would be
detrimental to juvenile justice.
At the same time, new measures should be developed, and especially diversion measures.
Mediation and CSO as diversion to trials would be well adapted to the existing context in
Kosovo and would provide an efficient solution to the problems faced by Juvenile Justice in
the Province, such as backlogs and the important professionals’ turnover.
Juvenile delinquency represents more than ever a vital issue for the Province. Solutions will
require the collaboration of all the stakeholders: professionals, institutions, schools, families
and civil society. Their interactions in offering better answers to reintegrate children into
society will prove a key element in a brighter future for Kosovo.