Basic Courts in Kosovo to improve sentencing practices and expedite resolution of domestic violence cases, OSCE report recommends

Chief of the OSCE Mission in Kosovo Law and Justice Section, Mark Lasser, presents the OSCE Trial Monitoring Report on the Adjudication of Domestic Violence Cases in Kosovo alongside justice sector leaders, Prishtinë/Priština 2 July 2024. (OSCE/Šehida Miftari) Photo details

PRISHTINË / PRIŠTINA, 2 July 2024 - The OSCE Mission in Kosovo published its latest trial monitoring report today on the handling of domestic violence cases by the Basic Courts in Kosovo.

The report analyses data collected from 141 civil and criminal domestic violence cases in 2023 and assesses the compliance of seven Basic Courts with local and international legal standards.

The report stresses two main shortcomings related to domestic violence cases: delays and failure to adhere to procedural deadlines, and the frequent use of alternative or lenient sentencing.

As an example, the report notes a breach of procedural deadlines in 24 per cent of the 29 civil protection order hearings monitored by the OSCE, leaving nearly a quarter of victims without a timely resolution and thereby potentially exposing them to further violence.

In terms of sentencing practices, imprisonment was imposed only 22 per cent of the time, while the vast majority of judges elected to either fine the offender, apply an alternative sentence (such as a suspended sentence, suspended fines, or no fines), or institute other measures (such as judgments requiring mandatory psychiatric evaluation) 78 per cent of the time.

Where effective imprisonment was imposed, the average sentence was just over five months, whereas the average suspended sentence of imprisonment was nearly six-and-a-half months. The average amount for both actual and suspended fines was €350.

"Addressing these judicial shortcomings is imperative not only for the protection of victims but also for the integrity of Kosovo's justice system," said Michael Davenport, Head of the OSCE Mission in Kosovo.

"Only when all mechanisms of the justice system function properly can we be proud of having an organized state at the service of citizens, for protection, security, and justice of all," said Albulena Haxhiu, Minister of Justice and National Co-ordinator for protection from domestic and gender-based violence.

The report concludes with recommendations for actors in the Kosovo judicial system, including tailored training for judges, prosecutors and attorneys, and providing training and other recommendations for the Kosovo Academy of Justice, the Kosovo Bar Association, and other relevant Kosovo institutions.

The full report is available here: https://www.osce.org/mission-in-kosovo/572074