7 minutes agoQICA seeks court dismissal in 15 year-old case
Periskopi(5 years ago)
(5 years ago)The federal organisation QICA has requested the dismissal of the judge in the case of a 15-year-old violation in Gjakova, where the pronounced sentence had only been eight months and eight days. This case, more than two months ago, became public in the media today. QICA has requested the dismissal of the case judge [...]
This case, more than two months ago, became public in the media today.
QICA has requested the dismissal of the case judge, named Florije Zatriqi, follows Periscopi.
“This decision the judge argued using interpretations like “he had the correct attitude, had expressed regret and admitted guilt, during the act he had suffered no injuries, he was not convicted before, there was no other procedure against him, he was 21 years old, he was immature, had children, and that by the time the criminal work was committed, almost 10 years have passed” Each of these are reasons why women are often used to reason and legitimize violence. ” writes QICA via a communiqué.
The following is her complete communique:
Fire Judge Florije Zatriqi!
With concern we've forwarded the Calx report. com in the case of the Court of Basic Court ruling in Pec, Florije Zatriqi, who has convicted a person charged with violating a 15-year-old to only eight months and eight days in prison.
According to the Kosovo Criminal Code, the penalty for rape in the case when the victim is a minor is envisioned to be between 5 and 20 years in prison. Therefore, disciplinary procedure must be developed against Judge Florije Zatriqi, and on the basis of the outcome of the process, merited disciplinary measures that we consider must be dismissal.
The judge argued that decision using interpretations like “he had correct conduct, had expressed regret and admitted guilt, during the act he had suffered no injuries, he was not convicted before, there was no other procedure against him, he was 21 years old, had been immature, had children, and that by the time the criminal work was committed, almost 10 years have passed<1> Each of these are reasons why women are often used to reason and legitimize violence.
The court has had to point out the way the criminal act was committed with serious knife-crushing, had to consider the age of 15 victim, and the fact that it is a particularly sensitive victim and has had to exploit this case to convey to all potential violators of women and girls a clear message that such acts are unacceptable and severely punished. By ignoring all of this and by focusing on unavoidable circumstances such as correct behavior, lack of hurt, childbearing, and a long time since the rape, the judge has made a decision that dehumanizes the victim and discriminates against him on the basis of gender. Furthermore, this low and illegal condemnation deconcate girls and women to report sexual assaults and other assaults on their sexual integrity.
None of the circumstances the judge has considered to be extenuating reason and make it legal to ease the sentence in eight months' imprisonment. This is in full violation of the Kosovo Criminal Code. According to the Penal Code, easing the sentence in cases of particularly extenuating circumstances for criminal acts punishable by at least 5 years, such as this case, could amount to up to 3 years in prison. Thus, there is no way to justify the punishment of the bully by 8 months and 8 days in prison.
The Kosovo Judiciary Council should urgently show the public what the measures will be taken (or taken) to the court judge.
This ruling is a violation of the victim's basic right to fair and impartial judicial process, and it will by no means be accepted. The judge should be dismissed!
