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Kosovo Police Service ------ Gender Issues  
 
     CIVPOL Projects
Domestic Violence Project
“As the Chief of the Domestic Violence Section, I am pleased to see and support the works of the Gender Affairs Office within the KPS structure. Domestic Violence is an issue that crosses the boundaries of culture, ethnicity, social and economic status, and gender. We have strove to place, within the areas of our section, both male and female officers, office staff, and leaders. This gender mainstreaming has led to a work environment that is rich in ideas and support for our combined mission and has resulted in a team that sees, and respects, the importance of an equal and fair work environment for both males and females. As the Chief of the section, I invite you to share your thoughts and suggestions for improving our work environment.
In the Regional Coordinator’s Offices our personnel mix is currently about 50% male/female. These Officers (KPS and IPO) and Language Assistants serve throughout Kosovo as a point of reference for over 60 Primary Investigators that perform the investigations of reported domestic violence. Our sections, from the Chiefs office down, also provide training for new investigators, updated training for current investigators, and advanced training at the KPS Academy at Vushtri.”
“ I have worked with these issues and investigations for several years. This male against female crime is a crime against the women’s human rights and is a huge social problem. This costs society a lot of money in healthcare, social care, legal aid etc.
We know that the most crimes of maltreatment, threat and sexual abuse are not reported to police as a crime. In some research reports you read that only 15-20 % of these crimes are reported to the police. Therefore, it’s very important for the gender mainstreaming, that more Cases that are reported and investigated, more suspects are convicted for their crimes. Over time this will increases the equality of genders.
I also think gender mainstreaming is very important for future generations. We have to be focused on young males and females through information and education and by informing them of the consequences of Domestic Violence, the younger males won’t became perpetrators in Domestic Violence and that the younger females will have awareness of the men’s behavior that can lead to Domestic Violence. We have to spread new ideas and lectures in the schools for younger generations. The police also have to co-operate with other authorities, and volunteer organizations, which are working with victims and treatment of perpetrators.”
“Violence was born on the time when human was born, but in Kosovo it was invisible based in the traditions, or it’s better to say that there wasn’t adequate institution’s that were dealing with domestic violence. After the war this issue was expanded considering the new democratic system that is formed, UNMIK police and KPS police who gave the chance to every girl/women /boy or man to report domestic violence and the right for support.
Nobody until now could find the origin of violence. Domestic Violence unit is sensitive section, To work with family issues yourself you have to be aware of Domestic Violence, especially in Kosovo because of mentality, education, economic conditions, the lack of gender issues and support from families. A lot of trainings at the KPS Academy at Vushtrri are held , including trainings for investigation of Domestic Violence, human rights, basic trainings for investigators, the law etc.
DV unit are networking and cooperating with local and international organizations, shelters and NGO’s.”
 
 Child abuse Project
The Domestic Violence Section Of the UNMIK CIVPOL launched a project on CHILD ABUSE last October 2005. Police Commissioner Kai Vittrup initiated the project. The project will cover all criminal acts committed on children which includes, but is not limited to, sexual abuse, human trafficking, physical injuries, and forced child labor. The Domestic Violence Section primarily deals with problems within the family but it has come to a view that there is a necessity to initiate a project which will cover all cases where the victims are children. Current realities show a necessity for a project of this type where police are able to systematically deal with the problems in proper coordination. It is necessary to have qualified professionals and an organized police structure to facilitate the cooperation of all segments of police work thus further promoting quality cooperation with Gos and NGOs for a successful fight and prevention of all criminal acts against children. To read more click here
 
     Trafficking
Human Trafficking Contact persons within CIVPOL

Chief of THBS : Robert Gordon BRUCE
VSAT 038 504 604 2518
e-mail: brucer@un.org

Deputy Chief : Sabine MICHEL
VSAT 038 504 604 4983
e-mail: michel@un.org
THBS HQs, at ext. 4984 (Coordinator’s Office), 3476 (Administration).

THBS Regional Teams:
4448/2612 (Pristina);
7675 (Gnjilane),
7491 (Mitrovica),
3159 (Pec/Peja),
8332 (Prizren).
General Information
Human Trafficking- An Operational and Legal Definition (based on Art. 139, Provisional Criminal Code of Kosovo)
 
Description/Definition of the Offence-
The term “trafficking in persons” means the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.
- The term “exploitation” shall include, but not be limited to, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.
Breakdown of the elements:
  1. Acts : recruitment, transportation, transfer, harbouring or receipt of persons
  2. Means : the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person.
  3. Purpose: the exploitation of the victim- as specified in par. 2 of the offence description
Penalties:
(1) Whoever engages in trafficking in persons shall be punished by imprisonment of two to twelve years.
(2) When the offence provided for in article 139 PCCK is committed against a person under the age of 18 years, the perpetrator shall be punished by imprisonment of three to fifteen years.
(3) Whoever organizes a group of persons to commit the offence identified in art. 139 PCCK shall be punished by a fine of up to 500.000 EUR and by imprisonment of seven to twenty years.
(4) Whoever negligently facilitates the commission of trafficking in persons shall be punished by imprisonment of six months to five years.
(5) Whoever uses or procures the sexual services of a person with the knowledge that such person is a victim of trafficking shall be punished by imprisonment of three months to five years.
(6) When the offence provided for in paragraph 5 of article 139 PCCK is committed against a person under the age of 18 years, the perpetrator shall be punished by imprisonment of two to ten years.
(7) When the offence provided for in article 139 PCCK is committed by an official person in the exercise of his or her duties, the perpetrator shall be punished by imprisonment of five to fifteen years, in the case of the offence provided for in paragraph 1 or 2 of art 139 PCCK, by imprisonment of at least ten years, in the case of the offence provided for in paragraph 3, by imprisonment of two to seven years in the case of the offence provided for in paragraphs 4 or 5 or by imprisonment of five to twelve years, in the case of the offence provided for in paragraph 6.
The issue of consent:
-The consent of a victim of trafficking in persons to the intended exploitation shall be irrelevant where any of the means set forth in the definition of the offence of Trafficking in Persons (recruitment, receipt of persons, etc.) have been used against such victim.
-The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered “trafficking in persons” even if this does not involve any of the means set forth in the definition of the offence featured in art. 139 PCCK.
Basic Duties of the Police:
The first and foremost priority for the Police is to ensure that appropriate assistance to trafficked victims is promptly facilitated and privacy is guaranteed , and that victims of trafficking are not treated as suspects (victimization). No presumed victim of trafficking will be detained by the Police; THBS must attend the scene whenever there is a reasonable suspicion that a trafficked victim has been or might be identified. No presumed victim of trafficking will be directly referred to any victim assistance facility or program without the involvement and active direction of the THBS investigator.
As soon as a presumed trafficked victim is found or located, the first line officer will make contact with the Regional THBS Team through their Operations Centre. The THBS Investigators will determine the nature of the case. If they determine that the presumed victim is effectively a victim of trafficking, they will initiate the referral process according to the Standard Operating Procedures stipulated with the partner organizations.
Principal Differences between Trafficking in Human Beings and Smuggling of Migrants:
These two crimes are often confused by police officers and other law enforcement actors. Indeed, trafficking and smuggling do have points of contact, but they remain distinct from each other; it is crucial for police to differentiate between illegal, smuggled migrants on one hand, and trafficked victims on the other hand. A trafficked victim is entitled to state protection, and there is a precise obligation on the part of the state to protect the rights of a trafficked person. A smuggled migrant is not granted the same level of legal tutelage, and may even be criminalized for his or her status, depending from the different national legislations.
Please note that the purpose of the movement is one of the crucial elements in order to differentiate the crime of Trafficking and that of Smuggling; in brief, a smuggled migrant is someone who whises to be brought across a border or boundary, and pays another person (the smuggler) in order to gain entry into a country or territory in violation of the applicable laws and regulations. The smuggled migrant is therefore liable for refusal of entry, deportation or other forms of legal responsibility (but note that according to the Kosovar legislation, a smuggled migrant cannot be considered criminally liable if he or she is the object of the crime). The relationship between the smuggler and the smuggled migrant usually ends when the entry into a territory is achieved. Instead, a trafficker has the precise intention to exploit the victim once the destination is reached. While the movement across borders is the main element is cases of smuggling, it is only instrumental in trafficking circumstances.
A trafficked person is a victim, while a smuggled migrant is not a victim in the traditional sense.

TO READ MORE ABOUT THE THBS -Briefing on Human Trafficking click here
 
     Counseling And Support Team (C.A.S.T) Contact Persons within CIVPOL
TEAM MHQ : V-sat numbers: 4981, 4081, 4982, 4771

Chief of CAST:
Uwe BOGUMIL
Cell : 044 -405476 VSat: 4982
Email: bogumil@un.org

Deputy Chief of CAST:
Robert EGRI
Cell: 00381 (0)63-7272213 VSat: 4771
Email: egri@un.org
Regional coordinator:
Penka EVTIMOVA
Cell: 00381 (0)63-7437589 VSat: 4081
Email: evtimova@un.org

Administration officer/Regional Councelor Pristina:
Martina MEYER
Cell: 044-345976 VSat: 4771

 

CIVPOL UNMIK C.A.S.T. POLICY
It is the policy of the UNMIK Police C.A.S.T. to provide all international police officers and language assistants with peer counseling and support services to help them to avoid mental and emotional difficulties and, under emergency conditions, to take the necessary measures to provide peer counseling support services to help to ensure the well-being and safety of officers and the general public.
In this coherence we are also competent in all gender issues.

TO READ MORE ABOUT THE C.A.S.T. POLICY click here
 
 
Content provided by Tilly Stroosnijder, CIVPOL Senior Gender Advisor UNMIK. Developed by Application Development Team.