4.3 Mission in Kosovo
The Mission advocated for better engagement of LPSCs in
supporting the best interests of victims of hate crimes and help
community members to request information on the status of
on-going hate crime investigations. The workshops were very
well received by all 150 LPSC members who acknowledged
the importance of building mutual trust and strong relations
through interaction between LPSC and community policing
in order to identify, respond and support victims of hate
crimes and maintain both public safety and effective policing.
From 9 to 13 July, the Mission organized a specialized
training on identifying and investigating hate crimes through
the internet for 16 KP officers. The training focused on the
definition of the main concepts of hate crimes, an overall
overview of hate crimes and hate speech, the international
legal framework sanctioning this type of crime, and the legal
practices deriving from legislation addressing this matter.
The training also included modules on the responsibility of
internet service providers to prevent hate speech and hate
crimes through the internet, and their obligations to cooperate with law enforcement agencies. The activity was
assessed as highly important by participants and additional
recommendations were provided for similar engagements in
the future.
From 24 to 25 October, the Mission attended the Regional
Conference on Hate Crimes in SEE, hosted by ODIHR in
Warsaw. The two-day conference served as a forum for
OSCE field operations to discuss developments in the field
of hate crime and networking, shortcomings related to hate
crime data collection systems in the regions, and to explore
ways to assist officials to address these shortcomings. At the
conference, the Mission’s representatives presented the 2018
achievements, focusing on the successful advocacy work
undertaken in supporting the MoI, KP, Prosecutor’s Office
and KJC, and in developing and signing an inter-agency
agreement on the treatment of hate crimes in Kosovo. In
addition, the Mission presented all activities undertaken
to support the implementation of this agreement, which
foresees concrete policy changes in recording hate crimes by
police and judiciary.
From 20 September to 29 October, the Mission, in co-operation
with the KP and Chief Prosecutor’s Office, organized eight
regional workshops for regional monitoring networks on the
investigation and recording of hate crimes. In general, the
workshops introduced the audience to the content of the interagency agreement on the treatment of hate crimes in Kosovo.
The agreement includes the amendments to the police initial
incident recording form and an update of the police database
with all relevant legal provisions from the Criminal Code. It
also covers aggravating circumstances leading to stronger
penalties for any act committed on the basis of some form of
70
prejudice against a person or a group, and the development
of instructions for prosecutors to adequately treat biasedmotivated crimes. During these workshops, participants
raised some concerns related to human resources and
recommended an establishment of specialized structures to
deal with hate crimes.
On 24 October, the DHRC of the Mission facilitated a
roundtable meeting in the Ferizaj/Uroševac municipality on
standardizing the prosecution of hate and bias-motivated
crimes before the Ferizaj/Uroševac Basic Court. A total of
19 persons participated, including prosecutors, judges and
representatives of the KP. They discussed practical difficulties
in classifying bias-motivation crimes, positive and negative
examples of legal action against hate crimes across Kosovo,
as well as recommendations for a better co-operation of all
relevant actors. Recommendations formulated by participants
focused on a better central co-ordination on the definition of
bias-motivation crimes, better rehabilitation for victims of
crimes, and resocialization of perpetrators. The activity builds
on the work of the Mission in establishing central-level and
regional-level working groups for combatting hate crimes
and follows the signing earlier in the year of the inter-agency
agreement on the treatment of hate crimes, undertaken with
support of the Mission.
On 3 and 4 December, the Mission, in co-operation with the
KP Training Division, facilitated a workshop to further support
civil society in monitoring the investigation and recording of
hate crimes. During the workshop, 11 representatives from five
different NGOs4, the OI and PIK, were trained on a number of
issues, such as the relevant legal framework in Kosovo, police
investigation of hate crimes using bias indicators, barriers and
solutions to effectively prosecute hate crimes, and the use of
motive evidence. Furthermore, participants were introduced
to the impact that bias-motivated crimes have on affected
communities and the role of the police to properly respond
and treat such cases.
On 11 December, the Mission facilitated a roundtable meeting
with representatives of NGOs, the OI and PIK, to advocate for
the creation of a joint database for civil society on identifying
and monitoring hate crime cases. At the roundtable meeting,
the Mission presented the inter-agency agreement on the
treatment of hate crimes and introduced participants to the
processes of recording hate crimes foreseen in the treaty,
with emphasis placed on the scope of co-operation with civil
society. Participants of civil society agreed that there is a need
for joint co-operation in combatting hate crimes and asked the
Mission for further support in the creation of a joint database
4
Kosovo Rehabilitation Centre for Victims of Torture (KRCT), Centre for Peace and
Tolerance (CPT), the Roma Ashkalia Documentation Centre (RADC), NGO Aktiv,
and the Centre for Social Group Development (CSGD).
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