Domestic Violence in Kosovo

1
Domestic Violence in Kosovo

• Domestic violence section
• Directorate of Major Crime
• Conny
  Jarnerus, Sweden, 05/07/2005

2
Organisation
3
Regulations

• UN resolution 1244 (1999)
• Maintain law and order and to establish a police
  presence in Kosovo
• UNMIK Operational Bulletin 0073/KPS Policy and
  procedure Manual
• Provisional Criminal Code of Kosovo

4
Definitions

• Domestic relationship means a relationship
  between two persons
• Who are engaged or married to each other or are
  cohabitating with each other without marriage
• Who share a primary household in common and who
  are related by blood, marriage, or adoption or
  are in a guardian relationship, including
  parents, grandparents, children, grandchildren,
  siblings, aunts, uncles, nieces, nephews, or
  cousins or
• Who are the parents of a common child

5
Operational tasks

• Police officers will be dispatched to ALL calls
  relating to crimes committed within the context
  of a domestic relationship.
• Respond on a emergency basis and restore order by
  gaining control of the situation
• Assess and obtain medical assistance for injured
  parties
• Separate all parties involved in the situation
• Confiscate all weapons found at the scene as
  evidence or for the
• protection of others present
• Refer the case to proper investigation unit
  (primary investigators) to conduct a scene
  investigation
• Assist primary investigator

6
Two in each station68 PI in Kosovo

• Duties
• Physically separate witnesses to the crime and
  conduct interviews
• Collect and record all evidence including
  photographs of injuries and property damaged
• Determine if reasonable suspicion exists that a
  crime has been committed
• If reasonable suspicion exists, determine the
  suspect perpetrator and make the arrest

7
Two in each station68 PI in Kosovo

• If reasonable suspicion exists but the
  suspected perpetrator has fled the area
• Search the area for the suspected perpetrator
• Obtain information where the suspected
  perpetrator may have fled
• Seek an arrest warrant for the suspected
  perpetrator
• If reasonable suspicion exists that a crime has
  occurred but the suspected perpetrator cannot be
  determined, record all investigative steps taken
  and document why an arrest was not made

8
PI shall prevent further violence

• Immediately inform the legal service provider,
  victims advocates
• Provide protection, to assist the victim in
  removing essential personal property if the
  victim chooses to leave the shared domestic
  residence
• Informing the victim or the legal representative
  of the victim of his/her rights pursuant to
  regulation 2003/12, including the right to
  request an Interim Emergency Protection Order

9
PI shall prevent further violence

• Where the criminal acts are committed against a
  child/minor under the age of 18 or where the
  criminal acts are so grave as to impact the
  safety or security of a child or minor living in
  the same residence, the incident shall be
  immediately reported to the Center for Social
  Work (CSW) of the Municipality where that person
  permanently or temporarily resides
• Regularly provide the victim or their legal
  representative with an update on the status of
  the investigation

10
PI shall prevent further violence

• Where the criminal acts are committed against a
  child/minor under the age of 18 or where the
  criminal acts are so grave as to impact the
  safety or security of a child or minor living in
  the same residence, the incident shall be
  immediately reported to the Center for Social
  Work (CSW) of the Municipality where that person
  permanently or temporarily resides
• Regularly provide the victim or their legal
  representative with an update on the status of
  the investigation

11
Duties for Regional Coordinator

• Receive a daily report of all calls concerning
  incidents occurring within domestic
  relationships.
• Collect and log copies of all reports concerning
  domestic violence for the previous 24 hrs
• Follow up on all cases to monitor and ensure the
  cases are handled properly
• Provide assistance/instructions to responding
  officers
• Provide assistance to victim

12
Statistics of DV in Kosovo

• Cases in regions 2003 2004
• Pristina 263 396
• Gjilan 240 325
• Mitrovica 282 178
• Peja 210 233
• Prizren 256 186

13
KPS officers training in KPSS

• Patrol officer
• ??hours in Basic training
• Primary investigator and coordinators
• hours in Basic training
• and
• 40 hours DV investigation course

14
Three Protection Orders

• Regulation no. 2003/12
• 1. Interim Emergency Protection order. Issued by
  UNMIK (not KPS) Regional Domestic Violence
  Coordinator. Expires the next day court is in
  operation.
• 2. Emergency Protection order.
• Issued by the court. The court shall decide
  on a petition, within 24 hours.
• 3. Protection order.
• Issued by the court. The duration shall not
  exceed 12 months.