CONTRIBUTIONS IN APPROVAL OF ADDITIONS AND CHANGES IN THE LAW 9669/2006 "FOR MEASURES TO DOMESTIC VIOLENCE IN FAMILY RELATIONS".



On 23 July 2018, the People’s Assembly of the Republic of Albania adopted the Law No.47 / 2018 "On some amendments and changes of the Law No.9669, dated 18.12.2006" On Measures Against  Violence in Family Relationships "as amended.

 

HRDC is  pleased to note that some of  its suggestions have been taken into account.  These suggestions have come as a result of the HRDC's work in combating  against violence against women and domestic violence.

 

HRDC's practice in provision of legal assistance, free of charge representation at court of victims/survivors of domestic violence as well as work on strengthening the capacities of service providers for victims of violence such as police, health, local government units and educational staff have served as an important source for proposed suggestions. Also, three year monitoring of Tirana district court regarding issuance of protection orders has revealed gaps in the implementation of DV legislation.

 

An important contribution to the findings and suggestions that HRDC has provided in the context of amending the law on domestic violence has been the monitoring of the decisions of the Tirana District Court. Thus, in the last three years (2015, 2016, 2017), the Center has monitored the decisions of the Tirana District Court  regarding issuance of protection orders and the practice of cases with sustained with free legal aid.

The handling of violence cases, their management, trainings, in particular trainings with the Police, and the monitoring in practice of domestic violence legislation have helped us to identify gaps in the Law against domestic violence and the problems of the implementation of this the law, which we have translated into the form of suggestions in the relevant draft law.

 

We think that the HRDC's suggestions enabled improvement of the content of the Law,  which appear as following:

 

  1. Enhance the circle of subjects protected by the law against domestic violence;
    More specifically, the deadline for living in the same apartment in the last 3 months of the spouse, wife, cohabitant brothers and sisters has been removed, thus accepting the suggestion of the HRDC.

    2.Facilitating the victim in the civil process with important evidence such as the act of legal forensic expertise.
    The HRDC has proposed the provision of a victim of domestic violence to the Forensic Expertise by the Institute of Forensic Medicine. The HRDC practice has revealed that Institute of Forensic Medicine refused to provide the victim of domestic violence with a copy of the Forensic Medical report with the justification that the act is sent to the institution  that requested this expertise (Police, Prosecution Office). The forensic legal expertise act is a very important evidence for the victim in the civil process for issuing IPO/PO. For this reason, the HRDC highlighted the obligation of the Forensic Medicine Institute to equip the victim of domestic violence with certified copies of the forensic medical act. Article 8, point dh of the law no.47 / 2018 "On some additions and amendments to the Law No. 9669, dated 18.12.2006 "On Measures against Violence in Family Relations " amended, it is envisaged to ensure the implementation of the obligation to prepare the forensic and  Psychiatric-Legal Report by the forensic staff, and one of copies to be given to victims". This HRDC’s suggestion is taken into account, as well.

    3.Rehabilitation of perpetrators with mental health problems, alcohol users, and drugs. The HRDC has suggested the addition of special provisions for abusers with mental health problems as well as users of alcohol and narcotics.
    Thus, the HRDC has proposed the addition of special provisions on the treatment of abusers with mental health problems, drug users or narcotics. Likewise, the HRDC has suggested the amendment to Article 10 of this law as this article makes a very general definition of abortion rehabilitation programs. Article 10, paragraph 2, letter m/1 of Law 9669/2006 "On Measures against Violence in Family Relations" changed orders defendant or the perpetrator, if applicable, to participate in rehabilitation programs at the hospital centers , ambulatory centers or community centers providing mental health services, alcohol services or toxicology services.

    4. Fulfilling of GREVIO standards regarding adding of a provision to ban the parties' reconciliation procedure
    HRDC has proposed avoidance of the conciliation procedure of the parties regarding issues with the object of issuing protection orders. The HRDC proposal is reflected in Article 18 of this law.

    5. Concerning the implementation of immediate protection orders and protection orders
    Two articles regarding execution of protection  orders conflict each other. HRDC requested abrogation of one of them, respectively article 17 of DV Law. This change brings better execution of protection orders.



The HRDC's contribution to address domestic violence will continue, in cooperation with other actors regarding implementation of the law no. 47/2018 "On Amendments and Amendments to Law No. 9669, dated 18.12.2006" On Measures Against Domestic Violence in Ambulance ", a law that is expected to increase the safety of domestic violence victims, and better protection for them.

 

New challenges are ahead!

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