On 23 February, through a public reaction, KWN expressed its concern regarding the decision of the Court of Appeals to remand for retrial the case of Dardan Krivaça for the murder of Marigona Osmani. Among the few cases in Kosovo where someone has been sentenced with a meritorious punishment by the Basic Court of Ferizaj, the Court of Appeals decided to remand this case for retrial, alleging that jealousy should be considered as a mitigating factor for the murder.

Justice institutions, accompanied by patriarchal mindsets, with such decisions and reasoning, continue to keep women in violent relationships that lead to their murder. This is because, according to them, domestic violence and the murder of women are justified when they occur due to jealousy. The decision of the Court of Appeals is unacceptable and discourages victims of domestic violence from seeking help and hoping for justice from the justice system.

This case once again highlights institutional shortcomings in dealing seriously with the murder of women and femicide. The murder of Marigona Osmani is not an isolated case or a random occurrence. Marigona died in a place where every murder of women is accompanied by institutional silence, delays in investigations, and retrials until the murderers are protected by the justice system as innocent or even receive lenient punishments.

KWN urges to have the punishment of the Basic Court of Ferizaj upheld and not consider the appeals of the murderers of women so that the maximum punishment is imposed according to the applicable legal provisions in Kosovo. KWN will continue to monitor the case and institutional treatment to ensure that the decision of lifelong imprisonment for Dardan Krivaça is not amended.

KWN remains open to cooperation and assistance for gender-based violence victims through free legal counselling and referral to relevant institutions. If you need free legal assistance for gender-based violence cases or know someone who does, contact us at: 048 105 800.