4.3 Mission in Kosovo
co-ordination, develop effective methods to encourage
reporting to the police, collecting and recording data on hate
crime, develop co-operation with civil society organizations,
and improve investigation and adjudication practices. On 26
May, a similar capacity-building workshop was organized in
Gjilan/Gnjilane and Ferizaj/Uroševac regions.
On 10 July, the Mission facilitated the first working group
meeting on hate crimes between the KP, the Prosecutor’s
Office and Kosovo Judicial Council (KJC). During the
meeting, the Mission presented the findings related to
gaps in recording of hate crimes by the KP and Kosovo
Prosecutorial Council, which referred to the lack of inclusion
options to disaggregate data by all protected characteristics
as stipulated in the Criminal Code.11 This prevents both the
police and prosecutors from effectively responding to these
offences and establishing appropriate measures to prevent
hate crimes. Furthermore, participants were introduced to
the ten practical steps of ODIHR to establish a data collection
and monitoring system on hate crimes, which includes the
creation of a co-ordination mechanism comprising of focal
points from each relevant institution. During the workshop,
the Mission also advocated and highlighted the need to
develop an inter-institutional agreement12, which would
address gaps and improve recording of hate crimes.
As a follow-up, on 25 September, the Mission facilitated the
second working group meeting with the same institutions
to address issues related to hate crime. During this meeting,
the working group further studied the steps required to
prepare the first draft of the hate crime inter-institutional
agreement. The Mission pledged to support the development
of this agreement by the end of 2017. Participants also
agreed to initiate the first set of meetings in eight police
regions to establish regional networks between the KP and
representatives of the Basic Prosecutor’s Offices.
From 2 to 30 October, following the establishment of the
focus group on developing an inter-agency agreement
on hate crime, the Mission co-operated with the KP in
facilitating eight workshops to create regional monitoring
networks on recording and investigating hate crimes. As
recommended by the Mission, eight monitoring networks
comprising of police investigators, community police officers
and prosecutors were established in all KP regions, to
facilitate the implementation of policy amendments that will
64
11
The general aggravating circumstance for criminal acts committed with a bias motive
is foreseen in Article 74, paragraph 2.12 of the Criminal Code, which provides “if
the criminal offence is committed against a person, group of persons or property
because of ethnicity or national origin, nationality, language, religious beliefs or lack
of religious beliefs, colour, gender, sexual orientation, or because of their affinity with
persons who have the aforementioned characteristics.”
12
In 2017, the Mission committed to facilitate the development of a hate crime protocol
and co-ordinate changes in the policies of the KP on improving the recording of hate
crimes.
be presented in the new hate crime inter-agency agreement.
During these workshops, participants were introduced to
the concept of hate crime and importance of recording these
bias-motivated cases. The Mission presented the findings
related to gaps in recording hate crimes by the KP and the
Kosovo Prosecutorial Council. Finally, all members of these
networks were familiarized with future concrete steps to be
undertaken, and their role in the process of amending the
police incident report, electronic database and registration
of hate crimes in the Kosovo Prosecutorial Council database.
On 10 and 11 October, the Mission representatives attended
the sixth annual regional conference on hate crimes in
SEE organized by the OSCE Mission to Skopje. The event
focused on impact of hate violence on victims, required
actions of criminal justice agencies to support victims of
hate crimes, findings and impact of hate crime surveys’
evidence, both from policy and practical levels, as well
as practices on institutional and non-institutional victim
support. Representatives of the Mission presented initiatives
and developments in response to hate crimes by the local
authorities, with a specific emphasis on the ongoing work
to address shortcomings in recording hate crimes through
development of a policy protocol for law enforcement and
justice authorities. Following the conference, the OSCE
SEE focal points held a separate meeting and agreed on
future regional initiatives, focusing on under-reporting and
additional programmes supporting hate crime victims. All
participants agreed that more effort should be placed on
increasing the capacities of civil society to raise awareness on
hate crime consequences.
On 1 and 2 November, the Mission, in co-operation with
ODIHR, facilitated an additional workshop to enhance
co-operation in addressing hate crimes, which involved
representatives of the MoIA, KP, KJC and civil society. During
the workshop, the Mission’s recommendations in recording
hate crimes were reviewed, and the draft agreement on interagency co-operation in addressing hate crimes was prepared
and approved. The agreement also included the composition
of parties involved and areas to be covered, including duties
of each entity as a partner in this endeavour. The agreement
is expected to effectively address hate crimes within the
existing legal framework, through a co-ordinated approach
of institutions and civil society organizations (CSO). Once
approved, the four main entities, MoIA, KP, KJC and
Prosecutor’s Office, will assume responsibilities for activities
specified in the agreement, including policy changes,
development of instructions, guidelines and standard
operating procedures on registering hate crimes.
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