The regional network of the Youth Initiative for Human Rights from Bosnia and Herzegovina, Montenegro, Croatia, Kosovo and Serbia - have reacted to a sentence of the Basic Court in Gjilan which has given a fine of 300 euros in the case of domestic violence.

According to them, the Basic Court in Gjilan not only imposed a fine of 300 euros but also considered the criminal offense of minor bodily injury, against the defendant who used violence against his wife.

“The Basic Court in Gjilan, General Department, Criminal Division with Judge Snežana Mihajlović in decision number P.nr.287 / 21 has imposed a fine of 300 euros and has considered the criminal offense of minor bodily injury, against the defendant i who has used violence against his wife.

According to Article 185 of the Criminal Code of the Republic of Kosovo, 'Anyone who causes minor bodily injury to another person, which results in: temporary damage to the health of another person, shall be punished by a fine or by imprisonment of up to three (3) years. ”.

However, paragraph 3 of the same article states that “when the offense under this article is committed against a vulnerable victim, or is motivated by… gender i the perpetrator is punished by: 3.1.

imprisonment of six (6) months to three (3) years .. '”.

The reaction also states that based on the Criminal Code of the Republic of Kosovo, the indictment and the facts of the case in question, the YIHR estimates that the Basic Court in Gjilan has failed to impose a meritorious sentence for such an act.

"The minimum sentence for this offense should be 6 months in prison.

Among other things, the Basic Court in Gjilan did not take into account any of the aggravating circumstances of the case, mentioned in the indictment.

The scandalous fine of 300 euros only legitimizes domestic violence, especially against women as one of the most oppressed groups in society.

"Also, such punishments negatively affect the trust of citizens in justice institutions and discourage victims from reporting cases of domestic violence."

YIHR KS calls on justice institutions to treat seriously and in accordance with the law cases of domestic violence and to impose meritorious sentences on the perpetrators of such acts.

"We also call on the Kosovo Judicial Council to analyze this case and to functionalize its mechanisms in relation to cases where judges do not exercise their duties in accordance with applicable law and to take all appropriate actions to prevent crime. Like that.

This case was identified following a request for access to public documents by YIHR KS monitors in the basic courts in Kosovo ”.