OSCE Mission urges Kosovo courts to take swifter action in domestic violence cases

PRISHTINE/PRISTINA, 25 November 2009 - The judicial system in Kosovo must do more to protect vulnerable individuals from violence and abuse, says an OSCE report on domestic violence cases that was presented today.

The report's conclusions are the result of two years of focused monitoring of judicial proceedings involving domestic violence by the OSCE Mission in Kosovo. The report expresses concerns regarding unlawful delays in scheduling hearings and in deciding on petitions for protection orders and emergency protection orders.

It also notes that the courts sometimes apply the law erroneously, which could lead to violations of the domestic legal framework and international human rights. In addition, the report observed failures by the courts to hear the opinion of representatives of the Centre for Social Work in cases involving juveniles. It further notes inadequate reasoning of judgments and the failure to effectively prosecute domestic violence crimes in some cases.

"Most victims of domestic violence are women and children. The justice system in Kosovo has a vital role in protecting the security and personal integrity of victims of domestic violence and it should play a more active role," said Markku Laamanen, the Deputy Head of the OSCE Mission.

The report's recommendations emphasize that judges must comply with relevant laws and issue decisions within legally mandated deadlines. In addition, the report recommends that judges properly justify decisions in domestic violence cases and that the Kosovo Judicial Institute should continue educating judges and prosecutors.

"Domestic violence is not just a private matter - something that stays within the family and no one dares to speak about. It is a matter of public concern. We must speak about and combat this serious crime," Laamanen said.

The report was released on the International Day Against Violence Against Women, which also marks the start of the international awareness-raising campaign "16 Days of Activism against Gender Violence". As a part of its activities during this period, the OSCE Mission will host a roundtable meeting with Kosovo stakeholders to discuss the reports' concerns and recommendations. In addition, the OSCE Mission will launch an anti-trafficking campaign Kosovo-wide.

The report is available on the OSCE website: //www.osce.org/kosovo