Pristina, December 5, 2022
The State Protocol for Handling Cases of Sexual Violence is a working document to be used by all institutions responsible for handling cases of sexual violence, said the Prime Minister of the Republic of Kosovo, Albin Kurti, at the ceremony of its launch.
This State Protocol aims to clarify to all responsible institutions that it does not matter if the victim or survivor contacts the emergency first, reports the case to the police, contacts the victim’s advocate or seeks help in a specialized service center for abused women, said Prime Minister Kurti.
He emphasized that it is important that regardless of which institution receives the first information about the case, the treatment must begin immediately with responsibility and professionalism and all the specific needs of the victims must be met through a multi-sectoral and coordinated approach.
Often in the presented cases, the institutions have not performed and implemented their legal obligations, leaving the victims without the treatment they deserve. Also, in such cases, the violators/perpetrators and abusers have not received the deserved punishment, said the Prime Minister.
Mentioning the actions taken by the Government, he singled out the various legal provisions in the Criminal Code and the Criminal Procedure Code. The Prime Minister emphasized the changes in cases where a person is found guilty of the criminal offense of domestic violence or sexual violence: employment in public institutions will be prohibited; it will be prohibited to run for positions either at the local or central level; his driving license will be taken; mitigating circumstances for violators will not apply; the handling of these cases will not last more than one year and the names of the violators will be published on the official website of the KJC.
After these legal changes, for the toughening of punishments for violators, the implementation of this protocol will help and protect the victims, Prime Minister Kurti emphasized.
The Prime Minister wished that the implementation of the Protocol would start and give immediate results in the treatment of victims and survivors of sexual violence.
Prime Minister Kurti’s full speech:
Thank you Mrs. Curri
Honorable Minister of Justice, Mrs. Albulena Haxhiu,
Honorable Director of the Kosovo Women’s Network, Mrs. Igballe Rogova,
Honorable Head of the Office of UN Woman, Mrs. Vlorë Tuzi, Nushi,
Dear Coordinator of the United Nations in Kosovo, Mrs. Spence,
Honorable Ambassador of Bulgaria,
Dear representatives of international institutions,
Dear EULEX Ambassador, Head of EULEX in Kosovo, Lars-Gunnar Wigemark,
Dear activists for human rights protection,
Ladies and gentlemen,
Dear attendees,
Professional and responsible work, serious commitment and sensitivity to justice are features that make institutions serious in action and responsible in fully implementing their tasks and mission. Not infrequently, the justice system has suffered from its own fragility, in the absence of real mechanisms, which define and specify the scope of actions, when addressing relevant cases and subjects.
The State Protocol for Handling Cases of Sexual Violence is a working document to be used by all institutions responsible for handling cases of sexual violence.
This State Protocol aims to clarify to all responsible institutions that it does not matter if the victim or survivor contacts the emergency first, reports the case to the police, contacts the victim’s advocate or seeks help in a specialized service center for abused women. It is important that, regardless of which institution receives the first information about the case, the treatment must begin immediately with responsibility and professionalism and all the specific needs victims must be met through a multi-sectoral and coordinated approach.
Therefore, such irresponsibility cannot be allowed, where institutions blame each other for inaction and also avoid responsibilities or neglect the calls of victims of violence when they knock on the doors of the institutions. Often in the presented cases, the institutions have not performed and implemented their legal obligations, leaving the victims without the treatment they deserve. Also, in such cases, the perpetrators and abusers have not received the deserved punishment.
The legal changes undertaken by our Government, in the Criminal Code and the Code of Criminal Procedure, in cases where a person is declared guilty of the criminal offense of domestic violence or sexual violence, are the following:
– employment in public institutions will be prohibited;
– it will be forbidden to run for positions either at the local or central level;
– his driving license will be taken;
– mitigating circumstances will not apply to violators;
– the treatment of these subjects will not last more than 1 year and
– the names of the violators will be published on the official website of the KJC.
Therefore, after these legal changes, for the toughening of the punishments against the perpetrators, but also the implementation of this protocol, will come to the aid and protection of the victims.
The protocol includes the implementation of all obligations provided by law for the immediate protection of the victim, as well as the following comprehensive services: obtaining informed consent, providing language interpreters; sign language interpreters in case of need; treatment in suitable friendly premises; the provision of complete infrastructure, which enables easy access for persons with special needs; then, the provision of services by professionals of the same gender as the victim, as well as avoiding the tediousness of multiple interviews.
Such treatment with the victim in the center, immediate and competent actions, will undoubtedly bring better results in this service. The comprehensive and coordinated approach against violence against women, and especially against sexual violence, is also one of the main requirements of the Istanbul Convention.
The main purpose of this Protocol is: to standardize the necessary actions for a continuous, comprehensive and responsible response, for the identification, protection, treatment, documentation, referral, sustainable empowerment and re-integration of victims/survivors and survivors of sexual violence, through immediate and professional interventions in the responsible institutions.
With its approval, the Government is committed to investing in additional financial and human resources for: strengthening all necessary services, adding missing services, strengthening the capacities of professionals who deal with cases of this very serious form of violence against women, as well as the protection, sustainable empowerment and reintegration of victims and survivors, together with taking measures to prevent and reduce the possibility of recurrence of this form of violence.
I congratulate all those who have engaged in the drafting of the Protocol, this sophisticated document, and I wish that its implementation will begin and give immediate results in the treatment of victims and survivors of sexual violence, and for this I wish you dedication and tireless work in its best implementation.
The compilation of the protocol enables us to work, it is not the end of the work, but it should facilitate our unsparing and determined commitment to eliminate domestic violence, especially sexual violence against women.
Dear attendees,
We need the maximum commitment of all institutions, as well as each one of us, to advance our efforts to eradicate gender-based violence. Violence elimination is the responsibility of each one individually and of all of us together. Victims deserve institutional and social support, maximum and adequate health and psychological care. It is necessary that the law enforcement and investigative bodies, the prosecutors’ offices and the courts, bring the suspected persons to justice as soon as possible, the prosecutors’ offices and the courts are the ones that prove that the new commitment is a new phase for all institutions and for the whole society and in this case the perpetrators receive meritorious punishments. Violence against women and girls is a matter of security and well-being, both public and social, and not just a family and private matter. Its elimination is a battle that belongs to all of us.
Thank you!
Last modified: December 7, 2022