An investigation by Detektor shows that over the past ten years, more than 65% of family violence verdicts against women in Tuzla Canton ended with suspended sentences, despite many cases being extremely serious. In one case, a woman, who called the police from her mother’s home out of fear of her abusive and insulting husband, was brutally attacked in public the following day. Her husband smashed the car window with an ax, dragged her out while holding a knife to her neck, struck her with the vehicle as she tried to flee, continued to beat her in a canal, and then forced her into his car, where she was beaten and raped twice, once while unconscious.
Even the presence of a passerby trying to help did not deter him. The investigation shows that previous reports by victims and children witnessing the violence, in most cases, did not affect the length of the sentence.
Azra Husarić Omerović, a journalist with BIRN Bosnia and Herzegovina and the author of the investigation, discussed the analysis reports, court practices, and systemic shortcomings in an interview for Novi dan (New Day).
N1: We believe it must have been difficult for you to go through all those cases, specifically the verdicts. What is the exact number of verdicts you reviewed during the investigation?
Husarić – Omerović: “There were over 300 verdicts in the last ten years of court practice in Tuzla Canton, including only municipal courts in Tuzla Canton. I must talk about this daily, no matter how horrible, difficult to digest, read, or see the details are. It is important to discuss these cases because they showed that the judiciary failed and that sentences could be stricter. It also revealed that in some cases, sentences were reduced because the offense was classified differently; they could have classified it as more serious and issued a longer, stricter sentence.”
Tuzla Canton: Reports Against Same Abusers, Court Releases Them
N1: “What inspired you to focus specifically on Tuzla Canton?”
Husarić – Omerović: Tuzla Canton was selected as the first focus of our investigation, and I believe BIRN will continue this work, as the past three years have seen several horrific murders there.
These murder cases were preceded by reports of domestic violence or threats to personal security, which did not result in system support or protection. We wanted to examine whether there was continuity in reporting domestic violence. We found that in one-third of the cases, women reported the same abuser, and the court issued a suspended sentence and released him with only a warning not to repeat the offense. We even saw in verdicts for attempted murders and murders before the Cantonal Court in Tuzla Canton that in over one-third of the cases, the attempted murders and murders had been previously reported. In both cases, it was only by sheer luck and the quick intervention of healthcare workers that the victims survived.
Beaten, Raped While Unconscious – A Two-and-a-Half-Year Sentence
N1: “We had cases so brutal they seem unreal, more like something from violent movie titles. What reports preceded these cases? To what extent was abuse against women considered insignificant or irrelevant by institutions, leading to inadequate responses? Can you give us an example of a woman – while protecting her identity – who was attacked by her husband, who broke the car window with an ax, beat her in a canal, and raped her while she was unconscious? What did she experience beforehand, what did she report, and why did her report not lead to any action?”
Husarić-Omerović: “She was subjected to severe physical violence twice in public, once in a market and once in front of the market where she works. According to the statements, she called the police, or passerby colleagues called them. The police arrived, warned him not to repeat the offense, and removed him. They did not issue a restraining order or any protective measure for the victim. Three days after these reports, she was beaten and raped.
There is a reason we describe this particular case in such detail, despite its brutality and the discomfort it may cause readers. We hope it did not trigger a trauma response in some victims, but we had to share these details to show how brutal the crime was and how few sanctions were imposed on the abuser.
Under the previous Criminal Code of the Federation of Bosnia and Herzegovina, the minimum sentence for rape, including repeated brutal offenses like those described in the investigation, was three years. However, he was sentenced to a year and a half, including one year for rape, which was finalized at two and a half years. The Cantonal Court increased the sentence by four months, which is very little. He received a lighter sentence than the one prescribed by law.
“Mitigating Circumstances – He Was Emotionally Attached to Her”
N1: “When discussing this case, how long was the sentence?”
Husarić-Omerović: “The sentence was two and a half years. It included domestic violence and rape. In the verdict, the judge cited mitigating circumstances, stating that the perpetrator was emotionally attached to his partner and had a need to maintain sexual relations with her. The judge of the Municipal Court cited this as a mitigating circumstance, which is deeply troubling. Someone who is emotionally attached to their partner would not beat them in public or rape them twice while they are unconscious. We are talking about multiple circumstances that affected the issuing of this sentence, which should be at least three years. He received less than that for both violence and rape. This indicates that responsibility lies with the High Court and Prosecutor Council, as well as the Office of the Disciplinary Prosecutor, to monitor isolated cases and individual practices by judges that are wrong, and to point out their mistakes through disciplinary punishments or other sanctions to prevent repeating the same errors. In this case, it happened, we are pointing it out, but we do not want it to happen again.”
“Judges Did Not Issue Longer Sentences if the Child Was a Victim of Violence”
N1: “I believe it is devastating for any woman, especially those who endure or are victims, when they hear such explanations stated in official documents and verdicts by people who should be on the side of the law and the victim. That a mitigating circumstance for rape is someone’s need for sexual relations with the victim is shocking. I suppose there were many shocking things, and although you work in this field, I believe there were data you did not expect to come across or read?”
Husarić-Omerović: This is probably one of the worst cases among all those analyzed, but what hurt me the most is the fact that in over one-third of the cases, an underage child was a witness to violence or was directly or indirectly a victim. Not one case deemed this a severe circumstance. Courts did not increase the sentence; judges did not issue longer sentences if the child was a victim of violence. A child who is a victim of violence suffers direct or indirect long-term consequences, often even greater than those experienced by a woman victim. In such cases, it can have a long-term effect on the child’s development and trust in people. The courts did not consider this a severe circumstance. In a few conversations with judges who agreed to speak after our investigation, we learned that this practice had been implemented previously and was not considered a severe circumstance. However, all judges stated that the presence of children is one of the most serious circumstances and that the punishment should be greater. In most cases, the perpetrators, regardless of this circumstance, received suspended sentences. It is very likely there were cases where it was acknowledged that a child witnessed violence, but the justification was that the perpetrator provides for the child.
