UN complains of poor judgment of violence in Kosovo, cites Zenepe Berisha case

This report says that laws in Kosovo address rape as a criminal act, but however, they do not specifically address the violence that occurs by women taking place in cases of domestic violence.

The report also stresses that the violation could be sentenced up to 15 years in prison, however, refers to European Mission for Ending Law data (EULEX) when it says that the maximum punishment is not practiced in these cases in Kosovo.

“EULEX noted that courts often apply punishments easier than minimum legal in rape cases, especially in cases where the victim was underage”, the report said.

Also reportedly, EULEX has found cases where very rarely courts have taken action to protect victims and witnesses of cases, and have not closed public hearings as required under the law.

“A division of the chief state prosecutor's office has helped secure access to justice for victims of all crimes, with a particular focus on domestic violence victims, trafficking in persons, child abuse and rape”, the report said.

However, the report also notes that laws deal with domestic violence as a civil matter, although victims suffer bodily injuries, are followed.

“Disrespecting the trial of a civil court in connection with a case of domestic violence is a criminal offence and must be prosecuted, however, has been rare prosecution of these cases”, writes further in the UN report.

The level of prosecution and the raising of charges in reporting cases of violence against women, according to the UN, is low.

Court lawyers and monitors, according to the report, have confirmed that judges favour uniting the family, on protecting the victim by taking protective measures that allow the perpetrators of violence to remain in the family until one case is still under treatment.

“Deforms were often soft, ranging from court warnings to imprisonment of up to six months to five times”, the report notes.

One of the cases that are highlighted with violation of justice is that of Zeynep Berisha when her husband, who stabbed her, Ne glorify Berisha, was sentenced to only 12 years in prison in 2015. The reaction of media and civil society, as well as the prosecution's complaint case, prompted the court to increase the 12-year prison sentence to 17 years.

The report also speaks of sexual harassment, which with laws in Kosovo treated as a civil case. According to the UN, the data of women's organisations in Kosovo shows that the most frequent harassment has occurred in women's workplaces, which have been victims of harassment.