Changes in Criminal Code for Rapsters Rejected

The supplementary sentences that are set to be included as amendments to the Penal Code for home violence, sexual harassment and rape are being considered to be contrary to the Constitution of Kosovo and efforts to criminalise human rights.

It is believed that these sanctions will have no effect on the reduction of these criminal acts, so it is called for the severity of punishments for the perpetrators.

The Justice Ministry's proposals, which were later voted in Kosovo Government, include additional penalties such as the ban on running in public office from 3-10 years; the ban on public employment at all levels; the ban on the benefits of patenter for the person who has been convicted of such acts; the ban on applying as strategic investors of 3-10 years. In cases of rape and sexual assault, the limits of easing sentences will not be implemented, and so is the prohibition on profiting vehicle and driving from 1 to 5 years for the person convicted of criminal rape.

And with these severitys of convictions for violators Democratic League of Kosovo MP Driton Selmanaj considers that the Government of Kosovo is knowingly criminalising the civil rights of citizens.

Selmanaj, who is also a member of the Commission for Legislation, estimates that as such these proposals, the Constitutional Court would bring down.

“What we have a Government initiative as if we have conscious or unconscious efforts to criminalise even the civil rights of people because of actions they eventually can do. The actions they can take should receive due punishment in line with the work they have done, but the supplementary sentences of nature not related to the nature of criminal acts as if I say they criminalise civil and constitutional rights in Kosovo. You cannot add an additional punishment that has nothing to do with the nature of a criminal offense. If the act of rape has been caused, a criminal sanction for the work caused, but to deny to have a driver's license I don't think this has anything to do with the gross and punishable act that he has done... If you continue with this approach these changes will fall from the Constitutional Court because they violate basic human rights freedoms... we have reservations of my belief that with these changes violate the civil freedoms or rights of people”, Selmanaj stressed.

MP from the ranks of the Democratic Party of Kosovo, Hajdar Beqa, says Justice Minister Albulen Haxhiu's proposals have more character of an NGO.

According to him, the legal route should be viewed to strengthen legal mechanisms in order to reduce cases of rape, but also domestic violence.

I think that the goal is good, but we have to actually analyse it are some proposals that are in conflict with criminal activity, there is no connection between criminal acts... law should be no longer a law we can't do kind or emotional acts, we have to make legal enforcement and law enforcement, I think Kosovo doesn't suffer from lack of legal infrastructure either in this area or in domestic violence or sexual violence, but I think it should strengthen their implementation in practice... I consider that Albulen Hadziu's proposals have more character of an NGO than a ministry, I said politically supporting them legally we should look at giving you legal form in harmony with the Constitution of Kosovo”, the MP said. PDK.

And against these changes in the Criminal Code are expressed by the Human Rights and Freedoms Council.

Council for Protection of Human Rights and Freedoms Chairman Behxhet Shala says these proposals are contrary to human rights and the Constitution of Kosovo.

He is convinced that these changes will have no impact on lowering cases of domestic violence or violence.

“These proposals are in stark conflict with the human rights of persons deprived of freedom and contrary to the Constitution, and without any doubt contrary to the International Court for Human Rights for the fact that sentences are laid down on penalties, while even those deprived of freedom enjoy certain rights as much as before these changes are simply prejudged by someone's guilt or on the other side any proposal which comes out of the ministry, respectively, by the Government is not in a cause of acts for which these punishments are provided and in this unacceptable context, and they will not affect the decline of domestic violence, or violence, as in the case that even certain acts of crime will, he said.

KMDLNY's chairman believes that this new legal punitive platform against those who cause violence will not receive the blessing of Kosovo Assembly deputies.

I don't believe that any MP who has basic knowledge of the laws, who can vote for these amendments, the less that if I go to the Constitutional Court, would definitely fall. We as KMDLNj are always on the side of the victims, seeking to strengthen existing mechanisms”, he said.

And these complementary sentences for violators have welcomed the Kosovo Women's Network.

Valmira Rashit of RGK considers it the last time for such an institutional response.

She believes that with these kinds of sentences, the level of sexual violence in the country will be reduced.

“We have welcomed these changes that are set forth to be part of the new Penal Code, but also that of the Criminal Procedure we think has been the last time in the wake of a slightly more comprehensive institutional response to women's demands in Kosovo by taking the high level of violence, especially the sex violence that has been at high levels in recent months... We're hoping it's influenced and it's been a drastic change of measures that should be taken because we've spent a long time in the culture of silence and haven't been sanctioned by abusers and rapists, and now we're going to move into a different whole culture where there's post-prisoning 48x1>, Rashi stressed.

The cases of sexual assault but also domestic violence are disturbing, especially during this year. The most tragic case that shocked the country was that of the 11-year-old rape, for which protests were also organised, and public leaders reacted. / KP