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Reports of domestic violence are increasing in Korça/ 122 cases in the last 3 months

2024-09-25 13:33:00, Kronika CNA

Reports of domestic violence are increasing in Korça/ 122 cases in the

122 cases with 132 victims are the figures of the last quarter of cases reported for the criminal offense of "domestic violence". A high increase in these cases contradicts the decrease in the number of the population. It seems that the situation in the southeast remains worrying for this problem, which has increased in recent years in the municipalities of Korça district. Domestic violence continues to exist as a current social problem, which is generated and aggravates until the loss of life of victims who have fallen prey to physical violence.

Often, victims of violence see the immediate obtaining of a protection order as a solution, but according to lawyer Esmerald Xhafa, there are a number of problems in the way of handling this phenomenon. Xhafa explains this issue in detail, accusing the law enforcement institutions of the way domestic violence cases are handled. According to the lawyer, increasing the penalties for domestic violence is not considered a solution for reducing these cases, while highlighting the fact that once the victim is provided with the protection order, other institutions no longer deal with this case.

Reports of domestic violence are increasing in Korça/ 122 cases in the

"Increasing the penalties for domestic violence does not provide a solution or a reduction in domestic violence. Other instruments should be looked at to solve the violence. All other institutions terminate their commitment as soon as the court issues a decision for protection order or prison arrest. None of the offices near the municipalities, enforcement or NGOs deal with the treatment of domestic violence anymore. Domestic violence should be seen as a psycho-social phenomenon and people should be oriented by being advised how to behave in cases of domestic violence."

Esmerald Xhafa shows that the increase in the margin of punishment does not bring about a decrease in cases of violence despite the fact that year after year there is a decrease in the number of the population. On the other hand, when asked about the existing law on domestic violence, the lawyer says that this law is advanced, but according to him, the impasse lies in society, which continues to have social and economic problems.

"Isolation and imprisonment or increasing the margin of punishment leads to the aggravation of domestic violence despite the fact that the family may be separated and we may not have a family. Again, they are subject to the law, and the law extends the activity in the field of its application to ex-spouses and ex-cohabitants. The number of the population is decreasing, while the cases of domestic violence are increasing. Studies should be followed to determine what are the causes and the law should never be changed as we have a law for the prevention of domestic violence which is very advanced for the socio-economic conditions of our country. A law that obliges you not to approach the victim at a distance of 100 meters, so that if we live in Korça, the perpetrator does not enter the city, since the distance is calculated as the crow flies."

Reports of domestic violence are increasing in Korça/ 122 cases in the

The responsibility of the institutions is often passed to each other when in many cases it is not possible to prove or prove the violence perpetrated against the victim. The police are the ones who refer cases to the prosecutor's office, and the latter to the court. According to Xhafa, the court feels obliged to issue the protection order because in the cases that led to the taking of the victim's life, the court through the protection order protects itself in these serious events.

"After the request for the issuance of an immediate protection order goes to the court, the verification is unable to fully investigate an event and a protection order. The court is satisfied with the statements of the victim, who is also the plaintiff, although the protection orders are fulfilled by the police, and this is a ball game to remove the institutions from their responsibilities. The police, when they become aware of an ordinary family conflict, refer to it as domestic violence because we have psychological violence and physical violence, not proving how psychological violence was exercised where there are no witnesses or any kind of evidence to prove or oppose it which the plaintiff claims. The prosecutor's office sends it to the court when it becomes aware of the ball being removed from its gate, and we do not have complete investigations regarding domestic violence. At the moment when the immediate protection order is issued and the hearing is held to verify the conditions of the protection order, in almost all cases, no evidence is presented by the party that requested the issuance of the immediate protection order. Although the courts still continue to issue the protection order after 6 months or 1 year, even in those cases when both parties to the conflict are separated and live in different families. This also comes as a result of cases of violence which have continued to worsen and lead to loss of life. This is also one of the reasons why the court issues a protection order that no one will be the object of attacks or be shot in cases where a case of violence aggravates."

Reports of domestic violence are increasing in Korça/ 122 cases in the

According to Xhafa, the protection order can bring prevention for a certain period, but it never solves the problem in its entirety. He says that educating society about family behavior is the key solution to end this phenomenon, education which should start in schools, without the need to imprison the entire society.

"The protection order brings a prevention but does not solve the problem. If someone continues the violence against the ex-husband or wife, it can continue even after the protection order ends. The protection order is not the solution, but the education of the society to behave in the family. People need to know what action constitutes violence and what action does not constitute violence. This should start in schools, 9 years old and high school. We cannot solve a problem by imprisoning the whole society. Violence is not a legal problem, but a socio-economic problem."

According to the data obtained from the Korça Police for the period June-August, 122 cases of domestic violence were reported, where 132 citizens were injured. From these statistics, 41 cases were rape of wives, 7 cases of husbands, 9 cases of minors, 2 cases of sisters, 2 cases of brothers, 26 cases of parents and 45 cases of other family ties.

From the same statistics, 46 cases were referred to the prosecutor's office based on Article 140/a of the Penal Code "Domestic violence" where 55 citizens were injured, where 26 citizens were arrested for this crime, while 24 citizens are wanted 3 citizens.

1 case has been referred to the prosecutor's office, based on Article 79/c+22 of the Criminal Code "Murder due to family relations", with 1 wanted perpetrator, where 1 citizen, the wife, was injured. 7 cases with 7 perpetrators have been referred to the prosecutor's office, based on Article 321/2 of the Criminal Code "Actions contrary to the court's decision", of which 4 were arrested and 3 were pursued at large, where they remained injured 8 citizens. There are 68 cases referred to the prosecutor's office for non-criminal offenses according to law 9669, with 69 injured persons, where they are prosecuted in a free state./ CNA