Kosovo Women’s Network was informed through Koha.net about the scandalous measure imposed by the Basic Court in Peja – Department for Serious Crimes against the suspect for the criminal offense of trafficking human beings, committed in 2012 in the Municipality of Istog. The reported case in question is related to the suspicion of trafficking human beings, enslavement and rape.
KWN expresses its deep indignation over such a measure, finding the decision of the Court against suspect Q.A. and his co-perpetrators inadequate.
Based on Article 183 of the Criminal Procedure Code, in cases when there are circumstances that indicate that there is a danger of flight of the defendant, lesser measures to ensure the presence of such a person and to prevent re-offending are insufficient.
Since the defendant refused several times to attend court hearings, claiming that he was abroad, KWN insists that he should have been detained on remand . Furthermore, local Kosovo authorities had to issue a local wanted notice to bring him to court proceedings.
Article 187, paragraph 1.2.3. provides that detention on remand may also be imposed in cases when:
“The seriousness of the criminal offence, or the manner or circumstances in which it was committed and his or her personal characteristics, past conduct, the environment and conditions in which he or she lives or other personal circumstances indicate a risk that he or she will repeat the criminal offence, complete an attempted criminal offence or commit a criminal offence which he or she has threatened to commit.”
KWN expresses its concern that such treatment of alleged cases of human trafficking further encourages perpetrators of these criminal acts and prevents them from receiving the punishment they deserve in accordance with appropriate legal measures. Therefore, we plead that the Court of Appeals imposes the measure of detention on remand until the final court reviews and resolves the case.
