The Constitution says the state failed in the Sebahate Morina case, IKD requires downloads

The Constitution says the state failed in the Sebahate Morina case, IKD requires downloads

Kosovo's Institute for Justice (IKD), today at a media conference, has condemned the silence of state leaders in connection with the case of the late Sebahate Morina, and has demanded the dismissal of chief prosecutor Mejim Munishi and the case prosecutor. The Constitutional Court yesterday came up with a ruling regarding the request made by the girl and [...]

The Constitutional Court yesterday came up with a ruling concerning the request made by the late girl, Velerda Sopi, on July 13th 2021, which stressed that through inaction, her mother had been violated the right to life. For the request drafted by the Free Juridical Assistance Centre of the Kosovo Institute for Justice, violation of the right to life, guaranteed with the Constitution, has been found.

The constitution ruled that Kosovo Police, the Police Station in Gracanica, and the State Prosecutor-Institution Prosecutor in Pristina respectively, have failed to meet their positive obligations for protecting Morina's life.

“The court unanimously ruled that the request is acceptable and found that Kosovo Police, the Police Station in Gracanica and the State Prosecutor, respectively, have failed to meet: (i) their positive obligations for protecting S. M. M., guaranteed in Article 25 of Article 25 [Rights for Life] of the Constitution and paragraph 1 of Article 2 (Right for Life) of the European Convention for Human Rights; and (i) of obligations set out with Article 4 (General Obligations), paragraph 1 of Article 50 (Review, Prevention, and Prompt Protection), paragraph 1 of Article 51 (Release of danger and management) and paragraph 1 of November 55 (Procedures ex parte and ex officio) of the Convention on Prevention and Combating Violence on Women and Violence in the Family”, the Constitutional Reporting said.

Betim Musliu, the deputy director of the IKD, has stated that it is unforgivable to silence some of the heads of state, praising that this silence reveals much about the woman's position in society.

For us, the silence of President Osmani, Prime Minister Kurti, Minister Haxhiu, and especially Minister Svechla over the case, following the proclamation of this Constitutional Court act. Their silence speaks of the priority of women, of protecting her from domestic violence”, is expressed at the press conference.

In this case, IKD and the Kosovo Women's Network ( RGK, on March 17, 2021, had also released a report on key findings and violations of state institutions. Even the ombudsman's institution in April 2021 has published a report stating violations by responsible state institutions in this case.

Sebahate Morina was killed by her former husband, L.S, on March 14, 2021. The data shows that he was denounced at least three times for the criminal act “domestic violence”. In 2019, he had even been in custody for this work, while the late one had been charged by the guardian of her former husband until December 2020.

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