Interview: Jasminka Friscik, programme
– coordinator in the non-governmental organization ESE, about the amendments in the criminal code that has sanctioned domestic violence for the first time

Finally, penalties for domestic violence in Macedonia  

C.W. – This is the first time domestic violence to have been sanctioned in Macedonia and it is news in the criminal code?
J.F. – At first I would like to express my great pleasure, even surprise, because after the last announcements we were told that the amendments in the criminal code would be adopted at the end of the first half of this year. However, Macedonia is entering the group of countries that solve domestic violence appropriately. Amendments in the legal regulation are in parliament procedure at the moment and a draft law on family is in front of the members of parliament. The non-governmental organization ESE, along with the American Lawyers’ Association, that is the Legal initiative for Europe and Euro-Asia, proposed the amendments in the criminal code in 2000. The amendments we submitted to the Ministry of Justice are now in force. This is the first time the term domestic violence to have been defined in Macedonia, that is this phenomenon has been defined as a negative social phenomenon and its incorporation within the criminal code expresses the state’s attitude that domestic violence is considered to be a serious criminal act and that it has to be sanctioned.

C.W. – What do these proposals mean within the criminal code?
J.F. – The proposals mean amendments in treating more criminal acts, that is, the paragraph about certain criminal acts that also existed within the criminal code has been amended. In the criminal code, in the paragraph where criminal acts against life and body are regulated, domestic violence has been incorporated within the criminal act murder, as well as within the criminal acts murder in a fit of rage, battery and grievous bodily harm. These separate four interventions regulate the most frequent forms of physical harm, thus sanctioning the physical form of domestic violence. In the criminal code it is intervened in the paragraph that refers to criminal acts against human and citizens’ rights and freedoms. There are also some concrete interventions within the article where the criminal act of force is regulated, of arrest against law and jeopardizing security. All these criminal acts refer more to mental violence, affect on victim’s psyche and his/her will formation, as well as his/her acting. Therefore, it is about some serious threats because of which the victim would do something that he/she would never do in normal circumstances, without pressure. In this part of the criminal code limitation of physical freedom and way of moving is also regulated. It is regulated in the part for arrest against law and the paragraph about jeopardizing security is also incorporated and it refers to violation of victim’s peace and mental freedom. Besides this form, as a sub-form sublimed in this paragraph is the part referring to sex freedom and sex moral. An intervention in relation to rape has been made (in the part rape in marriage), sexual abuse upon helpless people and another act directed more towards sex moral, that is the criminal act of mediating prostitution.

C.W. – Within the criminal code it has been intervened in the part referring to criminal acts against legal system. Could you explain what this intervention in the criminal code covers?
J.F. – We wanted to point to the special accountability of the official people of any profile. So, if they do not act according to the regulations that refer to civil measures for protection against domestic violence incorporated in some of the laws, they will have to face criminal accountability. We yet expect this criminal act to be related with some other regulations in the existing law.

C.W. – You have had several campaigns pointing that domestic violence in Macedonia is present a lot. According to the researches, each fourth woman is a victim of physical abuse in the family and every second one suffers physical torture. Why was not domestic violence sanctioned before, were there any obstacles?
J.F. – No, it is not about obstacles, I would rather call it prolonging. In Macedonia there was a period when the term domestic violence did not exist at all. We started talking about domestic violence most effectively in 1995. I must point out that non-governmental organizations are the ones that have initiated solving the term domestic violence, those who were present at the time are also present in the informal system of victim’s protection. In my opinion, members of the non-governmental organizations approached the problem of domestic violence from a quite right position, that victims need help that should be given immediately. But giving help did not mean essential solving the problem of domestic violence. I think that in the period 1995-2000 there was a need for some kind of a vacuum-space where the awareness for presence of domestic violence and recognizing this evil not only among citizens, but also non-governmental organizations was built. In spite of the fact that the role of the non-governmental organizations is big in solving the problem called domestic violence, I would have to remind that there is still opinion that this kind of a problem should not be solved by the civil sector.

C.W. – In the criminal code’s amendments and the draft law on family, does the role of the centers for social work and the police change, whose members have not been able to give any protection to the victim of domestic violence so far?
J.F. – By implementing the amendments in the criminal code, the police will have the right to protect the victim against the violator, actually, the members of the Ministry of Interior will be the ones that the further processing the case will depend on. There is a big challenge in front of the Ministry of Interior, because domestic violence has been sanctioned for the first time and from the nature of things it is different from the other criminal acts regulated by the criminal code.

The Ministry of Interior, as well as all the others involved in the criminal-legal system, starting from the public prosecutor to judges, should be trained in terms of perceiving not only the origin and forms of this phenomenon, but also the consequences that can result from it. We also have to think about the probability of copying domestic violence by future generations within a family and wider. Within the criminal code there is an extensive definition of domestic violence, that even the relationship between a boyfriend and a girlfriend can be treated as domestic violence if some of the mentioned forms of violence happens. The new moments contribute to acting not only on public awareness, but also raising professional awareness. I believe that it will take a certain period of time certain acts to start being processed, to perceive, to put the phenomenon into practice and then to find some established ways of reacting.

As far as the role of centers for social work is considered, it has been defined and yet followed in the draft law on family. ESE considers that the part referring to regulations on protection of victims of domestic violence have to be incorporated within a civic code. We have submitted the amendments to the competent in the Ministry of Labor and Social Policy and they have incorporated them in the draft law according to their opinion. ESE does not agree with their view, therefore we have submitted new draft amendments. In our opinion, the way that the Ministry of Labor and Social Policy wants to incorporate the amendments is not in accordance with what the protection regulations should represent. Hence, when this draft law is in front of the members of the parliament, we should act upon its further improvement. Why? The competencies of the centers for social work and protection regulations have been regulated inappropriately. It should be pointed out that in the new draft law the centers for social work take on total responsibility and all competencies in terms of victim’s protection against domestic violence and also the way of passing protection measures, that is not appropriate. Nowhere in the world are they regulated like that. The phenomenon of domestic violence, although very close to the center’s work and their domain of operating, is not only their problem. According to its nature, domestic violence also implies involvement of more institutions for solving this problem.

C.W. What are the regulations for victims’ protection against domestic violence?
J.F. – What is not clear in the draft law on family are the regulations for victims’ protection against domestic violence. Regulations for protection are not a protection system, but a measure that victims themselves can use to protect themselves from the violator, besides the regulation in the criminal code. Hence, the victim is the one who decides if he/she will sue the violator or, he/she will submit an initiative to the court organs, to be able to protect oneself quickly and at once. Removing the violator from the home has been projected, ban for getting closer, as well as some other measures that the victim can require. Regulations for protection do not mean that the state offers obligatory protection to the victim. It is correct that the state offers protection, on his/her request. The victim himself/herself decides how to solve the problem of domestic violence. Criminal prosecution is something else, it is about grievous bodily harm and there is no coming back. But civil measures can serve as preventive ones and for stopping domestic violence. I think that this will be one of the main points that we will further use in terms of defending our views the way we think it is right in relation with amendments in the draft law on family.

C.W. – Does the building a formal system of protection exclude the existence of an informal system for victim’s protection against domestic violence?
J.F. – In Macedonia, after the adoption of amendments in the criminal code and with the draft law on family, the formal system of protection is yet to be built. What has existed so far is an informal system that is the system run by the non-governmental organizations.

C.W. – What will be the role of the non-governmental sector to practically start functioning what is on paper?
J.F. – Amendments will mean nothing unless the whole system is completed and normally, unless they start functioning as such. There is a period ahead when both non-governmental and governmental organizations will need to engage in the field of popularization of these amendments. Court organs certainly have crucial role. When a verdict for the first case of domestic violence in the legal system have been passed, we will see how the passed measures on paper function in practice.