Implementation of diversion measures
within the juvenile justice system
- English
- Shqip
Highlights
The study on the Implementation of Diversion measures within the juvenile justice system in Kosovo was conducted to assess how effectively diversion measures—an essential component of a child-sensitive justice system—are being applied in practice. Diversion measures offer alternatives to formal criminal proceedings, promoting the rehabilitation and reintegration of juveniles in conflict with the law while avoiding unnecessary institutionalization.
Conducted under the EU-funded “Protecting Vulnerable Children in Kosovo” Action and implemented by UNICEF in collaboration with KOMF and national institutions, the study evaluates the legal, institutional, and practical aspects of the use of diversion. It takes a child rights-based approach aligned with the Convention on the Rights of the Child and UNICEF’s global justice for children frameworks.
Using a mixed-methods approach, the study involved a comprehensive legal review, analysis of quantitative data from 2023–2024, and consultations with over 30 professionals in the justice system. It reveals a significant discrepancy between the progressive legal framework and the actual implementation of diversion measures.
Key findings show that only 10% of juveniles are diverted through formal diversion measures, while 33% benefit from broader prosecutorial discretion to avoid formal procedures. However, 67% of juveniles are still referred to court, contrary to the child-friendly principles of the Juvenile Justice Code. Worryingly, some diversion measures were imposed by courts, despite legal provisions assigning this responsibility exclusively to prosecutors.
The study also finds significant differences in practice among prosecution offices, limited understanding of restorative justice, and institutional gaps in the implementation of newly introduced measures. While the number of implemented diversion measures increased from 237 in 2023 to 305 in 2024, overall use remains low compared to the system’s potential.
Findings underscore the need for investment in training, inter-institutional coordination, and the development of clear standard operating procedures. Recommendations aim to ensure that diversion becomes a central pillar of Kosovo’s justice system for children, aligned with international standards.
