The Human Rights in Democracy Centre (QDNJD) conducted a two-year study “Respect of the Rights of Victims / Survivors of Domestic Violence in the Judicial Process”

11 Sep, 2018

The  Human Rights in Democracy Centre (QDNJD) is a non-profit and non-religious organization whose mission is to work for the protection and promotion of human rights and fundamental freedoms in Albania and the awareness of Albanian society on the rule of law  and human rights, with particular focus on the most vulnerable groups of society; such as women / girls, minors, minorities, etc. HRDC has a  particular focus on preventing and addressing gender-based violence and domestic violence in Albania, and in this regard HRDC provides support services for  victims / survivors of gender based  violence. HRDC is one of few organizations which provide free court assistance for  women / girls victims / survivors of domestic violence, and support functioning of some Referral Mechanisms for cases of violence.

 

The Human Rights in Democracy Centre (QDNJD)

 
This is the third  year that the HRDC  monitors the Tirana District court, (which is also the largest court in the country)  regarding the respect of the rights of victims / survivors of domestic violence by the judicial system.
 
The study “Respect of the Rights of Victims / Survivors of Domestic Violence in the Judicial Process” – 2016 -2017  analyzes and assesses whether the Albanian justice system operates in accordance with domestic violence legislation and international standards for fair trial, with a special focus on the Council of Europe Convention for the Prevention and Fighting of Violence against Women and Domestic Violence (Istanbul Convention).
 

Some interesting findings from the Study:

 

  • 99% of victims of domestic violence report violence to the police commissariats
  • 21% of victims of domestic violence (who reported violence) have been graduated
  • 6% of perpetrators who were convicted of the offense of domestic violence are women/ girls
  • In 17% of cases,  the court ordered the  abuser to leave the house
  • 337 juveniles were  involved in violent episodes in family relationships 
Profile of the victim of domestic violence
A victim of domestic violence is a woman (88% of cases) married (62% of cases)  31-40  years old (28% of cases), physically and psychologically violated (in 61% of cases) by her spouse (49% of cases), resides  in the city (54%), and completed elementary  education (39% of cases), employed (52.5% of cases) with and average of two children (45% of cases).
 
Profile of the perpetrator
A perpetrator is a man (in 90% of cases), married (61% of cases), aged 41-50 (33% of cases),  violates his wife (49% of cases), graduated  (3.5% of cases), and has mental health problems (3.5% % of cases).
 
The findings and recommendations of this study have been shared with the responsible institutions in order to improve their work in the implementation of Law No.9669, dated 18.12.2006 “On Measures against Violence in Family Relations”, amended and criminal legislation.
Also, this study served the HRDC to propose legal changes to the Domestic  Violence Law, which have been sent to the Assembly of the Republic of Albania and have been taken into account in the Project Law.
 
HRDC is the leading organization in the process of law amendment and was  one of two organizations representing civil society ( women’s organizations)  in the  Hearing session held on June 2018 at the Parliament. Law No. 9669 dated 18.12.2006 “On Measures against Domestic Violence”, as amended, is expected to be amended soon  by the Albanian Parliament.