8 March 2012
Xavier Bout de Marnhac
Head of EULEX Kosovo
Muharrem Fejza St.,P.O. Box: 26810000 Pristina, Kosovo
Re: EULEX investigations of rape cases during the war
Dear Mr. Marnhac:
Today, on International Women’s Day, on behalf of the Kosovo Women’s Network and the Kvinna till Kvinna Foundation, we would like to express our appreciation for the European Union Rule of Law Mission’s (EULEX’s) recent steps towards prosecuting the crime of rape committed against women during the war in Kosovo.
EULEX has a mandate to investigate war crimes and bring cases to prosecution. It has a commitment to fully implement United Nations Security Council resolutions 1325, 1820, and 1888 related to sexual violence as a war tactic. This responsibility has been affirmed through several documents, such as the “Comprehensive approach to the EU implementation of the United Nations Security Council Resolutions 1325 and 1820 on women, peace and security”; the “EU Guidelines on Violence against Women and Girls”, which stresses the importance of prosecuting perpetrators of sexual violence; and the “Implementation of 1325 and 1820 in the context of ESDP”.
We strongly believe that the initial cases being investigated by EULEX, in accordance with its mandate, can greatly impact access to justice for women in the future.
However, we want to urge great caution and care moving forward. Our past experience suggests that multiple lengthy interviews, poor witness protection, an insensitive approach and insufficient confidentiality can re-traumatize women and quickly dissuade other women from reporting crimes. Hence, we strongly urge EULEX to:
o Use its executive mandate to act in line with the comprehensive approach to the EU implementation of 1325 and 1820 and to treat cases of sexual violence and rape as serious crimes, according to international legal norms and standards;
o Prevent the re-traumatisation of victims through a cautious and sensitive approach that considers the individual needs of women and ensures that they are provided with quality psychosocial support;
o Provide all available and necessary measures for witness protection; and
o Continue cooperation with Kosovar women’s groups in all steps of the process, facilitating the appropriate approach.
We look forward to our continued cooperation with you on this important matter.
Sincerely,
______
Igballe Rogova Lena Ag
Executive Director Secretary General
Kosova Women’s Network Kvinna till Kvinna
www.womensnetwork.org • C-2 II/8 Hajdar Dushi St., 10000 Prishtina, Kosovo • +381 (0) 38 245 850 •
www.kvinnatillkvinna.se • Rr. Gazmend Zajmi Nr. 21, 10000 Prishtina, Kosovo • +381 (0)38 249 242