Dr. Mirjana Dokmanovic Combating domestic violence in Western Balkans and Turkey P2Pstudtours 42680, Brussels 25 October 2010

CountryLegal provisionsSeparate law on DVNational Strategy AlbaniaFamily & Criminal CodeYes (2007)Yes Bosnia & Herzegovina Criminal Code in both entities & Brcko District Yes – Fed. B&H (2005, amendments drafted in 2009) RS (2005, amended in 2008) Yes, both entities CroatiaCriminal Code Law on Misdemeanours Yes (2003, 2009, amended in 2010) Yes Kosovo (under UN SC R 1244) Interim Criminal Code Law on Social Protection Yes (2010)Component of NAP on GE Draft Strategy on DV FYR MacedoniaCriminal Code Family law Law on Social Protection NoYes MontenegroCriminal CodeYes (2010)Component of NAP on GE SerbiaFamily & Criminal CodeNoComponent of NAP on GE Turkey Criminal Code, Municipality Law Directive 2006/1 on Prevention of VAW and Customary and Honour Killing Law on Protection of Family (1998, amended in 2007) Yes

Definition of domestic violence International standardsIn use / proposed DV is a specific form of gender based violence Gender Equality Law, Bosnia and Herzegovina DV declared as a matter of public concernNo DV is a threat of the enjoyment of human rights and freedoms based on equality Law on DV in both entities of B&H (Art. 6) Include not only family members & married partners & ex-partners, but also intimate partners Both entities of B&H, Serbia (Family Law), Macedonia physical, psychological, and sexual violenceYes Economic violenceBoth entities of B&H, Croatia, Montenegro, Kosovo

Definition of domestic violence  Evident progress in all countries, but not completely harmonized with int. standards  Not always brought in accord in all relevant national laws  Tendency to treat DV as a matter of protecting the family, defining it as a family issue ; may cause problems in implementation by focusing on the protection of the family of the victims, not of the victims themselves  Do not clearly state that this is a specific form of gender-based violence, directed against women, not a private but a public matter of the government’s special concern

Separate law on combating DV  in Albania, both entities of B&H, Croatia, Kosovo, Montenegro and Turkey  immediate protection of the victim by providing physical removal of the offender  protection measures: protection orders, emergency protection orders, including eviction orders  urgent procedure, faster than in criminal proceedings  significant role of the police  obligation to report DV – failure to do so is a misdemeanour  DV as misdemeanours – sanctions fines and short-term imprisonment  contributed to increasing number of victims reporting incidents and of issued protection orders

But...  Problems in implementation: - Misdemeanour vs. criminal - Law on DV or Criminal Code ? - mild sanctions, usually a fine rather than imprisonment - lack of trained officials (policemen, judges, social workers...) - lack of shelters - lack of protection of the victim during the proceeding  Republic Srpska (2008) and Croatia improved their laws (in progress in Federation of B&H)  New Croatian Law on DV (2009, amended in 2010):  - increased max. punishment from 60 to 90 days  - increased max. length for a restraining order from 1 year to 2 years  - increased max. length of an eviction order from 3 months to 2 years  - but – intimate partners still out of protection

Advancements  DV prosecuted ex officio in all countries  specific criminal offence in Croatia, Brcko District, Republic Srpska, Federation of B&H, Montenegro, Serbia  not specific criminal act in Albania, Kosovo, FYR Macedonia (aggravating circumstances and more severe punishment when the act is committed against a family member) and Turkey (art. 96 – torment of a spouse or a family member sentenced to 3 to 8 years imprisonment; art. 232 – maltreatment of anyone inhabiting the same abode up to 1 year of imprisonment)  aggravating forms exist  special rules of testifying the victims, including children and minors (e.g. exclusion of the public, removal of the offender from the courtroom, hearing via video link, etc.)

Intervention and investigation  detailed procedure described in the Rules of Procedure (Protocol) on responding cases of DV and protecting victims (involve all relevant actors: police, prosecutors’ office, social workers, health care workers...)  Example of good practice : Croatia

Gaps  states fail to revise the effects of criminal provisions and/or increase sanctions, where necessary  pronounced sentences usually mild  lack of effective protection of victims and witnesses during criminal procedures  lack of medical and psychological care, and special conditions for hearing victims and witnesses  many judges and prosecutors do not have adequate knowledge about causes and consequences of DV and how to implement relevant criminal provisions

Access to justice  All states ensure legal remedies, but the practice lags behind the legislation  Women are not sufficiently informed about their right to access to the mechanisms of justice (particularly rural women, Roma women, minority women, illiterate women...)  Criminal procedure usually lengthy and discouraging  Unwarranted or humiliating questioning is not always prevented (e.g. this is abolished by the amended Criminal Procedure Code 2009 in Serbia)

Access to justice  DV still underreported due to:  lack of knowledge and information  fear from the offender (lack of effective protection)  lack of confidence that the offender will be brought to justice  mild sanctions  uncertainty of the result of the criminal procedure  painful burden of proof, particularly for sexual offences  lack of medical and psychological care during all stages of the procedure  not sufficient and effective protection from secondary victimization

ECHR judgments  Opuz v. Turkey no. 3340/02, of 9 June 2009  Branko Tomasic and others v. Croatia no. 4659/06, of 15 January 2009

Family Law  Family Law provisions related to DV in Albania, Macedonia, Serbia and Turkey  temporary protection measures ordered by the civil court :  prohibition of contacting and approaching the victim,  prohibition of stalking and non-molestation orders,  deprivation of a weapon  obligatory medical treatment of alcoholics and drug addicts,  attending rehabilitation programs or counselling,  restricting the perpetrator’s right to occupy or re-enter the house,  supporting the family financially,  etc.  non-compliance of the protection order is usually sanctioned with imprisonment (Serbia, Macedonia, Croatia)

Family Law  Focus on the role of centres for social work  Police and/or centres for social work responsible for monitoring and implementing the protection measures  In Macedonia, centres for social work may undertake a protection measure (sheltering, social and psychological intervention and treatment, health care, etc.) and any other measure essential for resolution of problems  divorce proceedings and housing usually not simplified in cases of DV  child custody proceedings – DV a reason for deprivation of parental rights in Serbia and Croatia

Compensation  In majority of countries no special provisions for victims of DV  Laws anticipate the possibility of compensation of material and non material damages in Croatia and Serbia  In Macedonia – order to compensate medical and any other costs arising from DV  Croatia adopted the Law on Financial Compensation of Damage of the Victims of Violent Crimes (2008)

Free legal aid  Guaranteed in criminal procedures, but lacks in civil proceedings  Guaranteed in Montenegro and Kosovo  Croatia: Law on Free Legal Aid (2008) in all court proceedings, administrative and other bodies with public power; legal aid in cross-borders disputes drafted, but not be put in place until state’s accession into the EU  In Serbia, Macedonia and B&H provided by centres for social work, in some local municipalities, and by NGOs

Shelters and help-lines  numbers much below the needs  crisis intervention centres only in Macedonia and Kosovo  predominantly in urban areas; many of them do not meet minimum standards and not accessible 24/7, lack of professional staff, mainly run by women’s NGOs and centres for social work  government-operated shelters in Macedonia and Albania  Number of NGO-operated shelters decrease due to lack of funds  governmental financial support to shelters increases in recent years  Turkey – Law on Municipality mandates municipalities with over 50,000 residents to provide a shelter  lack of shelters for victims of sexual violence  national help-lines in Macedonia and Federation of B&H

Rehabilitation programs For victims:  not available  access to health care:  - Croatia concluded that victims of DV are not a special category that would be entitled to getting state provided supplementary health insurance  - Federation of B&H – new legal provisions will secure specific forms of health care to victims of DV  social measures: Croatia - victims of DV is beneficiaries of social protection by the Draft Law on Social Protection; measures to enhance employment  access to education – lack of the inclusion of children in schooling For perpetrators:  prescribed by laws / NAPs in majority of countries, but lack of implementation and lack of trained professionals  training programs of professionals have started in Croatia

Training of professionals  In recent years the States have started to (co)finance training programs of police officers, judges, prosecutors, social workers, health care workers, teachers, journalists etc.  Implementation in collaboration with women’s NGOs  Not in all countries on regular and systematic basis  In Macedonia, Croatia, Montenegro and Serbia – the Academy for Education of Judges and Prosecutors and/or the Police Academy  Manuals developed or are planned to be developed for various professionals

Specialized units and interagency cooperation  Kosovo – separate Unit against DV, the General Advisory Board (2004) with the DV Unit  Appointed police officers in Croatia, Montenegro, Serbia  Multidisciplinary operational teams in Macedonia, Serbia, Croatia, B&H, including women’s NGOs - protocols on interventions  Interagency cooperation on basis of the Protocol in Croatia (new adopted in 2008), B&H, Montenegro, Albania  Planned to be developed and implemented in all NAPs

Protection from armed domestic violence  Presence of a SALW as a risk factor to DV not recognised, although it increases the risk of death by 12 times compared to other means of violence; reason for not to report violence  It is easy to acquire a gun and/or a license, even if a person is prosecuted for DV or ordered a protection measure  50% of women in B&H and 90% of women in Podgorica contacting a shelter report having been threatened by a SALW  80% of health service providers in Albania do not register cases of armed violence  The majority of NGOs do not have a question about perpetrators’ possession or use of a weapon on their reporting forms  DV and SALW legislation should be linked  SALW issue should be included in NAPs / Strategies

 Education of children and young persons  Albania – the Government reviewed textbooks in primary schools and established criteria for reviewing from gender perspective  Pilot projects implemented in Croatia and Kosovo  gender sensitive school education foreseen in all NAPs  Media  analysis of media portrayal of women and reporting on DV done by women’s NGOs  foreseen in all NAPs  Montenegro – Law on Media and the Code of Conduct on reporting on violence  Croatia – Ministry published Manual with Guidelines for Media Reporting on DV  Awareness raising – all governments support National campaigns against DV (10 days of action against VAW, Zero tolerance)

Collection of data and monitoring  Gender disaggregated statistics introduced in all countries, but data collection is mostly done partially and sporadically, without a clear strategy and a systematic and uniform approach  State statistics are more indicators of the functioning of the criminal justice system, rather than of the nature and prevalence of DV  Croatia: started a system of management of statistics on DV and inter- institutional exchange of relevant data  State monitoring poor  State reports to international organizations are inadequate in terms of their quality and reliability

Collection of data and research  State institutions have recently started to support NGOs in research and surveys (e.g. Vojvodina, Turkey, Macedonia)  Research on costs of DV - done in Macedonia (2009), pilot project in Serbia (2003), planned in Croatia  Serbia has started a comprehensive project “Combating Sexual and GBV” - the State for the first time systematically approaches to improving legislation and services for victims

GENERAL CONCLUSIONS  In general, the governments in the region only partially comply with their obligations from the CEDAW and other international human rights documents with respect to DV  Positive shifts have been noted in recent years, but the practice still lags behind the positive legal changes, particularly in their translation into financial support, training of professionals and raising gender awareness  Legislation and policies are gender neutral  More focused on penalizing offences and sanctioning perpetrators, than on preventing DV and protecting victims, and on programs for perpetrators  Services not accessible to all, predominantly provided by women’s NGOs  Lack of a coordinated, cross-cutting and multisectoral response