STATEMENTS
SUBJECT: Monitoring report on
implementation of the law ”On the Measures against Violence in
Family Relations”
MONITORING OBJECT: Decisions of the
first instance court of Tirana on the issue of orders of Defence
and Immediate orders of Defence.
MONITORING PERIOD: 30.04.2008-01.06.2009
The Centre would like to underline some
conclusions resulting from the monitoring of 448 decisions. It
ascertains that there is a continuous improvement in judgements
of the first instant court of Tirana, on the issue of orders of
Defence and Immediate orders of Defence. The monitoring process
showed that the Law on Measures against Domestic Violence is
being effectively implemented by the Albanian courts very often.
The Centre has noticed a better functioning
of the network police-court and believes that the obvious
increase of claims to the court is related, among other things,
with the growth of confidence of citizens in the professionalism
and dedication of such institutions. These findings are based in
comparison with the results of the first monitoring done by CLCI
for the period 01.07.2007-31.04.2008. However, we are of the
opinion that the court should analyze why in 73.43% cases
included in the monitoring process the judgement has been
discontinued.
We suggest the police should reinforce its
work regarding not only identification and referring to the
court cases of domestic violence, but enforcement of final
decisions of the court as well, in cooperation with Bailiff and
Prosecution Offices. A better cooperation is needed also with
lawyers and centres offering free of charge services.
We believe that the prosecutor should also
use this instrument provided by law. We have seen no claim
addressed to the court by the prosecutor.
Neither have we seen such claims coming from
social offices of local government bodies. Such offices are
supposed to be closer to the citizens and should be trained to
accomplish tasks and legal tools provided by the law.
Finally, we strongly declare that the Ministry of Justice should
ensure the implementation of the law “On Legal Assistance”,
which has entered into force from last April and guarantee free
legal assistance to victims of domestic violence. This
necessity comes from the fact that the monitoring found out that
plaintiffs were represented by lawyers only in 37 cases.
The Centre for Legal Civic Initiatives
informs all interested persons that it has published the
monitoring report in Albanian and English language in its first
internet page at
www.qag-al.org. The preparation and publication of this
report in our website was made possible through collaboration
with the Civil Rights Defenders.
07.12.2009
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