Risks in prisons may disrupt crime-fighting in the Western Balkans.

According to the latest Global Organized Crime Index, published in September 2023, three out of six countries in the Western Balkans rank among the worst 10 in Europe for criminality (see Figure 1).1 It is not surprising that the European Commission has emphasized the need for countries in the region to showcase substantial advances in crime-fighting.2 It is also perhaps not surprising that four of the six countries in the region have incarceration rates that are above the European median (see Figure 2).

2023 2021
Criminality Europe World Europe World
Serbia 3 40 2 33
Montenegro 5 54 4 45
Bosnia and Herzegovina 8 57 5 49
Albania 15 87 9 61
North Macedonia 18 93 11 74

Figure 1 Ranking of Western Balkan countries in relation to 44 European countries and 193 worldwide (1 = worst-ranking).

Source: Global Organized Crime Index, https://ocindex.net/

Prison population rates (inmates per 100 000 inhabitants) in 2022.

Figure 2 Prison population rates (inmates per 100 000 inhabitants) in 2022.

Sources: Council of Europe Annual Penal Statistics, World Prison Brief Data, data obtained from institutions upon request and Večernji list

For example, in 2022, there were 10 557 inmates in Serbian prisons and 5 357 in Albanian ones.3 In these two countries, more than one-quarter of all inmates are serving sentences for drug-related offences.4 However, not all serve sentences for drug production and distribution; most are in jail for possession rather than organized criminal activity. Indeed, of the roughly 23 000 individuals in prisons in the six Western Balkan countries in 2022,5 only a few hundred were convicted of offences related to organized crime, including 75 in Albania,6 134 in Bosnia and Herzegovina,7 11 in Kosovo,8 48 in North Macedonia,9 17 in Montenegro10 and 144 in Serbia.11 While these numbers are relatively small, prisons in the region have inherent risks that could fuel rather than diminish organized crime.

Illegal communication from prisons

In some cases, prison does not seem to be an impediment to running criminal operations. Between 2014 and 2021, Darko Šarić, a convicted drug lord, resided in cell 117 at the Special Court’s detention centre in Belgrade, Serbia.12 Prosecutors found that Šarić maintained constant communication, issued orders including assassinations and managed finances using encrypted Sky ECC devices over the period October 2020 to December 2021.13 Šarić conducted these operations from a supposedly highly secure facility where phone use is strictly prohibited.14

Serbia is not the only country in the region grappling with illegal communications from within prisons. In September 2023, a stash of hidden phones and chargers was found in Spuž Prison, Montenegro.15 In July 2023, six mobile phones were hidden inside an air conditioner unit.16 In January 2023, a drone equipped with two mobile phones was detected flying over the prison.17 In November 2022, a cooking pot with multiple hidden phones and a note reading ‘Brother loves you’ was uncovered.18

A drone equipped with two mobile phones detected in Spuž Prison, Montenegro.

A drone equipped with two mobile phones detected in Spuž Prison, Montenegro.

Photo: UIKS

Recruitment from prisons into organized crime

In many countries around the world, prisons are fertile environments for recruiting petty criminals into criminal gangs or groups. Offenders serving terms for minor offences such as possession of drugs mix with hardened criminals. For example, in Serbia, older inmates with criminal backgrounds and links to football hooligan groups befriend and mentor younger prisoners who have not previously been involved in organized crime. After release, these younger individuals often join criminal groups. When the mentor is released, they sometimes go into business together, usually involving drug trafficking.19

For almost a decade, Montenegro has been bedeviled by deadly clashes between two violent criminal groups that compete for control of the cocaine market. Correctional institutions in Montenegro, such as the prison in Spuž that houses leaders and high-ranking members of organized criminal groups, are pivotal recruitment hubs for new members.20 This is achieved by the seasoned convicts offering protection, access to expensive legal counsel, other forms of financial support and numerous other incentives.21

A related problem is insufficient post-penal support. When people who have served time are released from prison, they often lack licit support networks, employment opportunities or even basic documents, and they are stigmatized within their communities. As a result, some seek and find support in the organized criminal networks they began to associate with in prison. Lack of rehabilitation increases the risks of recidivism.

Corruption on the inside

Security in prisons is often undermined by corruption. The Western Balkans is no exception. As explained by a prison director in North Macedonia, corruption among correctional officers has enabled the illegal smuggling of weapons, telephones and drugs into jails.22 According to a former director of one of the country’s prisons, North Macedonia leads Europe in the number of jailbreaks and ‘this demonstrates the extent of criminality within the prison system’.23

This has been highlighted in other reports.24 In Montenegro, there are widespread allegations of collaboration between prison staff and organized criminal factions.25 In Albania, an example came to light in April 2022 when the acting director of Shkoder prison was arrested for allegedly abusing his authority.26 His predecessor had been suspended just three months earlier due to allegations of document forgery.27 The need to address such risks is given added weight by a growing push to repatriate prisoners abroad back to the region.

Prisoner transfers to Albania and Kosovo

While some Western Balkan countries have relatively large prison populations, a considerable number of nationals from the region are held in foreign prisons. For example, there are 1 475 Albanian citizens imprisoned in the UK, equating to 14% of all foreign prisoners in that nation.28

Albania and the UK in May 2023 agreed a prisoner transfer arrangement. The deal builds on a document29 that came into force in May 2022.30 Under this arrangement, the UK supports the modernization of Albania’s prison infrastructure. In return, Albania has committed to repatriating a maximum of 200 Albanian nationals currently serving sentences of four years or more in UK prisons.31 UK officials have highlighted that this initiative will not only result in cost savings for British taxpayers but also alleviate prison overcrowding in the UK.32 However, there has been criticism in Albania that the agreement was characterized by ‘little political and public debate regarding specifics and little civil society involvement’.33

Albania’s justice minister, Ulsi Manja, says that the agreement promotes convict reintegration without using national taxpayers’ money and contributes to improving the Albanian prison system. On the other hand, several judges and lawyers have voiced concerns about the impact of accommodating 200 more prisoners on Albania’s overcrowded prison system.34

Meanwhile, one Western Balkan country has agreed to host an EU nation’s prisoners. In December 2021, Kosovo agreed to accommodate 300 Danish inmates, with Denmark paying an annual fee of €15 million for renting facilities in Gjilan prison.35 According to Kosovo’s justice minister, the arrangement will earn the country €210 million, much of which will go to renewable energy initiatives and training for prison personnel.36 Some experts in Kosovo were against the agreement,37 but in June 2023 the government submitted a draft law to parliament for review and adoption.38

Although some Western Balkan countries have improved their correctional systems, as acknowledged by the European Commission in its 2022 progress reports, several systemic challenges persist. Prison overcrowding is a common problem in the region, Kosovo aside. In North Macedonia, the European Commission urges that ‘systemic solutions to improve detention conditions be implemented with the utmost urgency’, while in Albania, prison conditions remain ‘an ongoing concern’.39 In Bosnia and Herzegovina, there have been ‘no efforts to enhance detention conditions’, indicating a troubling lack of progress.40 On a more positive note, Kosovo, Montenegro and Serbia have made strides in aligning themselves with international standards.41

To bolster prison security, it is essential to harness cutting-edge technology and conduct regular cell checks. Concurrently, the upgrade of judicial and correctional infrastructure is paramount, ensuring facilities meet modern standards. A holistic approach to improving the correctional environment is crucial, with a primary focus on enhancing working conditions for staff, shielding them from undue political and criminal pressures and fostering a culture of accountability to replace any prevailing complacency. Additionally, the implementation of in-prison rehabilitation programmes, facilitated in collaboration with civil society, holds promise in effectively reducing recidivism rates.

Notes

  1. See the Europe overview in GI-TOC, Global Organized Crime Index 2023: A fractured world, September 2023, https://ocindex.net/report/2023/04-continental-overview.html#europe

  2. European Commission, 2022 Communication on EU Enlargement Policy, 12 October 2022, 8–9, https://neighbourhood-enlargement.ec.europa.eu/system/files/2022-10/2022%20Communication%20on%20EU%20Enlargement%20Policy-v3.pdf

  3. Marcelo F Aebi, Edoardo Cocco and Lorena Molnar, Prisons and prisoners in Europe 2022: Key findings of the SPACE I survey, Council of Europe and University of Lausanne, updated on 26/06/2023, https://wp.unil.ch/space/files/2023/06/230626_Key-Findings-SPACE-I_Prisons-and-Prisoners-in-Europe-2022.pdf

  4. Hamdi Firat Buyuk, Council of Europe: Turkey’s Prison Population Rises Beyond 300,000, Balkan Insight, 27 June 2023, https://balkaninsight.com/2023/06/27/council-of-europe-turkeys-prison-population-rises-beyond-300000/

  5. The data presented here represents the author’s calculations, derived from various sources, including the Council of Europe Annual Penal Statistics, World Prison Brief Data, official budget expenditure reports and data obtained from institutions upon request. 

  6. European Commission, Albania 2022 Report, 12 October 2022, 40, https://neighbourhood-enlargement.ec.europa.eu/system/files/2022-10/Albania%20Report%202022.pdf

  7. European Commission, Bosnia and Herzegovina 2022 Report, 12 October 2022, 39, https://neighbourhood-enlargement.ec.europa.eu/system/files/2022-10/Bosnia%20and%20Herzegovina%20Report%202022.pdf

  8. European Commission, Kosovo 2022 Report, 12 October 2022, 46, https://neighbourhood-enlargement.ec.europa.eu/system/files/2022-10/Kosovo%20Report%202022.pdf

  9. European Commission, North Macedonia 2022 Report, 12 October 2022, 21, https://neighbourhood-enlargement.ec.europa.eu/system/files/2022-10/North%20Macedonia%20Report%202022.pdf

  10. European Commission, Montenegro 2022 Report, 12 October 2022, 49, https://neighbourhood-enlargement.ec.europa.eu/system/files/2022-10/Montenegro%20Report%202022.pdf

  11. European Commission, Serbia 2022 Report, 12 October 2022, 52, https://neighbourhood-enlargement.ec.europa.eu/system/files/2022-10/Serbia%20Report%202022.pdf

  12. Leposava Bogić, Advokat i četiri klana, Vreme, 5 May 2022, https://www.vreme.com/vreme/advokat-i-cetiri-klana/

  13. Insajder, Insajder otkriva detalje optužnice: Istraga i opstrukcija istrage protiv Šarića, 29 January 2023, https://insajder.net/teme/insajder-otkriva-detalje-optuznice-istraga-i-opstruiranje-istrage-protiv-sarica

  14. Ibid. 

  15. Jelena Jovanović, Oduzeli četiri mobilna telefona u Zatvoru za duge kazne, Vijesti, 11 September 2023, https://www.vijesti.me/vijesti/crna-hronika/673117/oduzeli-cetiri-mobilna-telefona-u-zatvoru-za-duge-kazne

  16. Jelena Jovanović, Pronađeno šest mobilnih telefona i dva USB kabla u klima uređaju dostavljenom za zatvorenika u Spužu, Vijesti, 4 July 2023, https://www.vijesti.me/vijesti/crna-hronika/663887/pronadjeno-sest-mobilnih-telefona-i-dva-usb-kabla-u-klima-uredjaju-dostavljenom-za-zatvorenika-u-spuzu

  17. Vijesti, Zaplijenjen dron, nadlijetao iznad spuškog zatvora sa dva telefona, 20 January 2023, https://www.vijesti.me/vijesti/crna-hronika/639659/zaplijenjen-dron-nadlijetao-iznad-spuskog-zatvora-sa-dva-telefona

  18. Jelena Jovanović, ‘Voli vas brat’: Mobilni telefoni pronađeni u specijalnom dnu šerpe koju je posjetilac krenuo da unese u zatvor, Vijesti, 20 November 2020, https://www.vijesti.me/vijesti/crna-hronika/631422/voli-vas-brat-mobilni-telefoni-pronadjeni-u-specijalnom-dnu-serpe-koju-je-posjetilac-krenuo-da-unese-u-zatvor

  19. Interview with a civil society activist who runs an organization that provides post-penal support in Serbia, September 2023. 

  20. Vlada Crne Gore, Biro za operativnu koordinaciju, SOCTA 2021: Procjena opasnosti od teškog i organizovanog kriminala u Crnoj Gori, March 2022, 18, https://www.gov.me/dokumenta/cf105122-2c9b-4816-b152-8487b5f59063

  21. Ibid. 

  22. Interview with the director of a prison institution in North Macedonia, September 2023. 

  23. Ibid. 

  24. US Department of State, 2022 Country Reports on Human Rights Practices: North Macedonia, February 2023, 3, https://www.state.gov/wp-content/uploads/2023/02/415610_NORTH-MACEDONIA-2022-HUMAN-RIGHTS-REPORT.pdf

  25. US Department of State, 2022 Country Reports on Human Rights Practices: Montenegro, February 2023, 5, https://www.state.gov/wp-content/uploads/2023/02/415610_MONTENEGRO-2022-HUMAN-RIGHTS-REPORT.pdf

  26. VOX News, The director of the Reç-Shkodër prison is arrested, 25 April 2022, https://www.voxnews.al/english/aktualitet/arrestohet-drejtori-i-burgut-rec-shkoder-i6997

  27. Albanian Daily News, Shkodra prison’s warden suspended after report’s forgery, 12 January 2022, https://albaniandailynews.com/news/shkodra-prison-s-warden-suspended-after-report-s-forgery

  28. Georgina Sturge, UK Prison Population Statistics, House of Commons, 8 September 2023, 14, https://researchbriefings.files.parliament.uk/documents/SN04334/SN04334.pdf

  29. International treaty UK/Albania: Agreement on the Transfer of Sentenced Persons [CS Albania No.3/2021], 19 October 2021, https://www.gov.uk/government/publications/ukalbania-agreement-on-the-transfer-of-sentenced-persons-cs-albania-no32021

  30. Ministry of Justice, Government strikes deal to remove more Albanian prisoners, 26 July 2021, https://www.gov.uk/government/news/government-strikes-deal-to-remove-more-albanian-prisoners

  31. Ministry of Justice, HM Prison and Probation Service and Alex Chalk KC MP, UK and Albania agree groundbreaking new arrangement on prisoner transfers, 24 May 2023, https://www.gov.uk/government/news/uk-and-albania-agree-groundbreaking-new-arrangement-on-prisoner-transfers

  32. They Work For You, Prisoners’ Transfers: Albania, Ministry of Justice written question – answered on 4 September 2023, https://www.theyworkforyou.com/wrans/?id=2023-07-20.195373.h

  33. Interview with Ervin Karamuç, professor of criminology at the law faculty of the University of Tirana, Tirana, September 2023. 

  34. Panorama, ‘Britania përdor shqiptarët për të fituar kredo politike’- Juristi Ramaj tregon në ‘Panorama TV’: Marrëveshja për të burgosurit, propagandë në bashkëpunim me qeverinë tone, 25 May 2023, http://www.panorama.com.al/britania-perdor-shqiptaret-per-te-fituar-kredo-politike-juristi-ramaj-tregon-ne-panorama-tv-marreveshja-per-te-burgosurit-propagande-ne-bashkepunim-me-qeverine-t/; MCN TV, Transferimi i të dënuarve nga Britania, Petraj: Burgjet shqiptare nuk kanë kapacitete! Kodi penal nuk parashikon të njëjtën vuajtje dënimi, 24 March 2023, http://www.mcntv.al/2023/03/24/transferimi-i-t-d-nuarve-nga-britania-petraj-burgjet-shqiptare-nuk-kan-kapacitete-kodi

  35. See treaty at https://www.justitsministeriet.dk/wp-content/uploads/2022/04/Final-treaty-Denmark-Kosovo.pdf

  36. N1 Belgrade, Kosovo Justice Minister says millions from prison rental, 23 December 2021, https://n1info.rs/english/news/kosovo-justice-minister-says-millions-from-prison-rental/

  37. Charles Szumski, Kosovo experts oppose Denmark prison outsourcing, Euractiv, 22 December 2021, https://www.euractiv.com/section/politics/short_news/kosovo-experts-oppose-denmark-prison-outsourcing/

  38. Koha, The government takes the treaty with Denmark on prisons to the parliament, 7 June 2023, https://www.koha.net/en/arboretum/380701/the-government-puts-in-the-parliament-the-treaty-with-Denmark-for-prisons/

  39. European Commission, North Macedonia 2022 Report, 12 October 2022, 16, https://neighbourhood-enlargement.ec.europa.eu/system/files/2022-10/North%20Macedonia%20Report%202022.pdf; European Commission, Albania 2022 Report, 12 October 2022, 28, https://neighbourhood-enlargement.ec.europa.eu/system/files/2022-10/Albania%20Report%202022.pdf

  40. European Commission, Bosnia and Herzegovina 2022 Report, 12 October 2022, 29, https://neighbourhood-enlargement.ec.europa.eu/system/files/2022-10/Bosnia%20and%20Herzegovina%20Report%202022.pdf

  41. European Commission, Kosovo 2022 Report, 12 October 2022, 31, https://neighbourhood-enlargement.ec.europa.eu/system/files/2022-10/Kosovo%20Report%202022.pdf; European Commission, Montenegro 2022 Report, 12 October 2022, 35, https://neighbourhood-enlargement.ec.europa.eu/system/files/2022-10/Montenegro%20Report%202022.pdf; European Commission, Serbia 2022 Report, 12 October 2022, 36, https://neighbourhood-enlargement.ec.europa.eu/system/files/2022-10/Serbia%20Report%202022.pdf