It provides social assistance, psychological and health services to women and children, and will also provide legal advice – including assisting divorced women to enforce their right to child support ordered by the courts. Outside Tirana, in addition to the centres established by CCWG, other NGOs have established counselling centres and help-lines in Shkodra (Refleksione, Hapat e Lehtё, Grua për Grua), in Elbasan and Lezha. Provisions for awarding custody to one parent, and granting rights of access or visitation to the other are set out in Articles 154 to 161, which state that the views of a minor child and a report by social workers or psychologists should be taken into account.
In the evenings women receive counselling and medical care, and take part in group work. During their stay they receive counselling, the services of a lawyer, assistance in renting a room and with getting children into a school; they are referred to a doctor and are then able to live independently – if they do not go back to their husbands. They admit pregnant women – at least one baby has been born in the shelter – and those with babies and young children, many of whom repeat the abusive patterns they have seen in their fathers. Women with drink or drug problems are not admitted, and those with mental health problems may rather be referred to hospital.
had not been present at the time of the killing, although the organization notes that the alibi S.M. presented to Amnesty International, and their account of the events following the murder was different to that presented in the court records. On 13 September 2004, they were both were convicted of the murder of Murat Manjani.
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Both women declared to the court that “the victim had previously been constantly violent towards them”, and the defence lawyer requested that the qualification of the offence be changed to “murder committed while exceeding the limits of necessary self-defence” under Article 83. was convicted and sentenced to 20 years’ imprisonment, and her daughter to 18 years, later reduced to nine years’ imprisonment because she was a minor when the offence was committed.
NGOs were also clear that their role in training professionals in health and social services, in the police and judiciary would be essential to the implementation of the law. Others were more cautious, and citing the failure of successive governments to implement previous progressive legislation expressed the need for a policy to accompany and direct the implementation process. Concerns were also expressed about the “chain of obstacles” that had denied women access to justice and in particular, called for measures to address the corruption and absence of professionalism in the judicial system. The Elbasan Shelter,213 established in 2001, has capacity for six women and their children , and is staffed 24 hours a day by a coordinator and six specialists.214 As in Tirana, entry is based on criteria of extreme vulnerability, and involves an often lengthy assessment procedure. Similarly women are able to stay for around six months and are able to work and put aside money to rent somewhere when they leave.
While relatively few court decisions refer in any detail to previous threats of violence, they generally provide detailed evidence relating to the weapons used. The following decision unusually also refers to a previous history of both physical https://hotmailorderbride.com/albanian-women/ and psychological violence. Although most of the cases they receive are referred by the police, forensic pathologists may refer women attending the emergency department to the police, “because we can see what has happened to them”.
had lodged an appeal against her sentence with the Tirana Appeal Court on 20 January 2005. Amnesty International notes that in cases where a firearm was used to kill, women are sentenced under Article 278/2 of the CC, which criminalises the possession rather than use of a firearm. Although under Article 55 CPC, this sentence is generally “unified”, and may make little difference to the overall sentence, the organization considers that women should be not be prosecuted for the unlawful possession of a weapon held illegally by another person. was convicted on 11 October 2004 for the murder of her husband under Article 76, and the illegal possession of a weapon, and initially sentenced to 12 years’ imprisonment .
Since 2003, for example, the Elbasan Women’s Forum has worked with women in villages, with a voluntary coordinator working in each commune, running meetings on various issues or visiting individual women, many of whom are prohibited by their husbands from coming into the city. Some men had initially accused the organization of teaching their wives to divorce them, and despite attempts to reassure their husbands, some women continue to face problems in attending such meetings. The Albanian Centre for Population and Development together with Grua për Grua in Malësia e Madhe is currently training social workers in health centres to counsel women and raise awareness. Another project, established in the Tirana suburbs of Paskuqan and Babrroi, works with migrant communities from northern Albania.
Amnesty International notes that in at least three of the cases of female defendants reviewed, there may have been grounds for changing the charge to self-defence . From the decisions available to Amnesty International it is not clear whether this is because of a lack of supporting evidence, or because the defendant lacked the services of a diligent lawyer during the investigation. In three cases reviewed defence lawyers had asked that the charge be changed to Article 82 . According to the court decision, and based on the evidence of E.M, a minor daughter, P.M. had conspired to kill Murat Manjani, attacking him with a shovel and an axe while he was asleep.
According to the decision, her lawyer had asked for the charge to be changed to Article 82 , but had failed to present any evidence to support this. The decision stated that “the defendant did not commit the offence when she was attacked, but some time later when she took the weapon, left the house, hid in the toilet outside, waited for the moment when the victim did not have a weapon to hand, and shot at him from behind”. However, the decision notes that the “court takes into account as a mitigating circumstance that the defendant committed the crime in deep psychological distress caused by the violence and other unjust actions perpetrated by the victim”. On appeal, on 19 November 2004 , the charge was changed to Article 82, and DK was sentenced instead to eight years’ imprisonment, reduced to five years and four months under Article 406. Amnesty International reviewed seven court decisions in cases in which eight women were convicted for killing or attempting to kill their husband ; the organization also interviewed five of these women at Women’s Prison 325 in Tirana.
Arben Lloja and Dr Bledar Xhemali, “Krimi brenda Familjes, Vitin “, (Crime within the Family, ), Revista e Mjekësisë Ligjore Shqiptare, Nr 2, Vitin 2005, (The Review of Albanian Legal Medicine, No. 2, 2005), pp. 9-16. The majority of injuries suffered by women were to the face and head , of which grazes and scratches and bruising , were most frequently observed. al, “Responding to gender violence in Albania”; Edlira Haxhiymeri, Domestic Violence in Albania, Dissertation, University of Tirana, 1996.
Provisions for the maintenance of children, amplifying – but not improving upon – previous legislation, are set out in Articles 192 to 214. At Elbasan Counselling Centre, staff alleged that the president of the court tended to delay divorce cases or obstruct admissible evidence. Under Article 155 of the Family Code,181 statements by psychologists in support of custody applications are admissible; however, as women have to pay €50 for a psychologist’s report, the centre’s own psychologist had provided free statements, which the judge was not willing to accept.
Even if the police do take action, they may either attempt to reconcile the couple in a brief conversation, or detain the perpetrator at the police station overnight. Amnesty International believes that mediation between couples, either by the police, prosecutors or lawyers, is not an appropriate response to cases of intimate partner violence. Article 102 prohibits non-consensual sexual intercourse between adults and is punished by three to 10 years’ imprisonment, with provision for a higher sentence in aggravated circumstances, with a maximum sentence of 20 years’ imprisonment, “when the act lead to the death or suicide of the victim”. There is no explicit prohibition of marital rape, although articles relating to rape do not specifically exempt a husband from prosecution. In five criminal cases where men were prosecuted for the murder or manslaughter of their wives, between March 2003 and November 2005 at Tirana, Shkodra and Vlora District Courts, all but one involved small arms – Kalashnikovs or pistols.