Interviews on Femicide
The following discussions were recorded for the article “The Crime Serbia’s System Won’t Name: FEMICIDE” by Maja Vujović, EP’s Serbia Correspondent.
QUESTION 1 (Dr Beker): Dr Beker, as the initiator of the regional “Together Against Femicide” initiative, what are the most significant similarities and differences you’ve observed in the legal frameworks and societal responses to femicide across the Western Balkan countries involved in the initiative? What key lessons can Serbia learn from the experiences of other nations in the region?
As for our regional initiative, “Together Against Femicide,” it stemmed from the research we conducted. First, we did research on the judicial practices related to femicides and attempted femicides over a five-year period in Serbia. We gathered all the available judgments and analyzed them. Then we did the same in Albania and Montenegro, and eventually, the opportunity arose. UN Women supported this for these three countries, and later, together with the service center, we also worked on Bosnia, North Macedonia, and Kosovo. So, in the end, we have conducted very similar analyses for all six jurisdictions of the Western Balkans. And since we saw that the problems were similar everywhere, we decided to try to unite regionally. What is important is that all these jurisdictions actually have solid legal frameworks, which of course can always be improved, but considering that we advocate for introducing femicide as a separate criminal offense, what I can say is that there is already the possibility to properly qualify femicides and prosecute them, just as if we had a specific criminal offense for femicide. Meanwhile, while we were conducting this research, North Macedonia amended its criminal code, and now they have a crime that is not called femicide, but is classified as a serious murder. The same thing happened in Croatia, which we did not research. Recently, they introduced the serious murder of a woman, and that is something that would also be suitable for our legal system.
What we saw during this research is that there are similarities. Of course, there are always differences, each system is specific, but we decided to focus on the similarities, and what is common to all these countries in the region is that femicides are often not qualified adequately. In criminal law, if a crime is not qualified properly, if it is classified as a regular murder or a spontaneous murder, as we saw in some of the cases in our sample, that automatically leads to lighter sentences. Another common issue is that mitigating circumstances are always found… First, mitigating circumstances are always found for the perpetrators, and second, these mitigating circumstances are completely irrelevant to the murder of a woman. For example, that he has poor health, or, for instance, in one case, we had a high school teacher. That is one problem. Another problem is that things that could only be aggravating circumstances are taken as mitigating ones. So, we have very bad examples where someone who murders his wife or partner is told that being a family man is a mitigating circumstance, or that being a participant in the war of the 1990s is a mitigating circumstance. These are all things that could only be considered aggravating circumstances in that context. And because of all this… And yes, we also noticed that femicide is viewed as an isolated incident. Rarely do judges realize that femicide is just the end of all the violence that the woman has somehow endured, and that these are not isolated events. This led us to try to unite and first introduce, if possible, for each country to advocate for femicide as a separate criminal offense. Another very important thing we are working on is establishing an independent body to monitor femicides, a so-called Femicide Watch or a control mechanism for monitoring femicide cases. This mechanism would mean that every femicide and every attempted femicide would be tracked, with all data being gathered to see what didn’t work in the entire system, as very often, the cooperation between the bodies responsible for the prevention and protection against violence does not function. It is common for everyone to do their job minimally and not cooperate, even though the law mandates cooperation. Then this mechanism could analyze, see where the bottlenecks are, and who is not doing their job properly, and where the cooperation problems lie, and make recommendations based on that.
The purpose of this body is not to punish anyone but to make recommendations and point out what needs to be improved in order to enhance violence prevention and protection. Once such bodies are established in our countries, our idea is to have a regional Femicide Watch, where annual data from each of these national Femicide Watches would be pooled, and then, at the regional level, we can advocate for improving the legal system. This is the basic idea. Now, what can Serbia learn from other countries? For example, it can start by doing what North Macedonia or Croatia did, and introduce a separate criminal offense, for example. In the laws of other countries, there are some solutions that are… that is, everyone has some good solutions. If these solutions were… if we sat down and agreed, they could be transferred to other systems because all our legal systems are very similar, especially since we all come from the former Yugoslavia and share the same kind of legal system. So, I believe we have a lot to learn from each other and that together we could exert more pressure and harmonize the changes.
QUESTION 2 (Dr Beker): Fem Platz’s work often bridges research and advocacy. Based on your extensive research, what are the most frequent and most critical systemic failures in Serbia that contribute to the ongoing prevalence of femicide, and what specific steps do you consider most urgent to address these failures at the national level?
Now, as for the question of what is most urgent and what the shortcomings are. I’ve already mentioned the shortcomings: it is bad that crimes are usually poorly qualified, and the prosecution and courts, as well as all other entities in the chain, have gender stereotypes and prejudices, which is often visible during the proceedings, sometimes even in the reasoning of the judgments. I don’t know what would be most urgent, since from my point of view, everything is urgent, but let’s say that the most important thing is that women are believed, that integrated and coordinated support is provided, and that the services available to women in situations of violence are improved, as well as the cooperation of authorities, including the police, social services, prosecution, and NGOs that provide support, which are often sidelined, and of course the health and education systems. There should be better, easier, and faster cooperation, and this would contribute to better prevention and protection against violence.
QUESTION 3 (Dr Beker): The “Together Against Femicide” initiative emphasizes regional collaboration. What are the main challenges and successes you’ve encountered in fostering this cross-border cooperation, and how can this regional solidarity be further leveraged to strengthen the fight against femicide in Serbia?
With this regional initiative, we started last year. We all agree with what is written in the “Together Against Femicide” declaration. But this is essentially just the beginning. This year we continue, and we will see how we can expand it. Our goal is to learn from each other in the region, exchange practices, see where mistakes have been made, so that other systems don’t repeat them. However, we are NGOs. It presents a challenge for us even to organize a regional forum, which we have managed to organize for the second time, and we hope to have a third one this year. These things are related to costs. We are not government bodies, so we can’t just pay without problem. So, we even have such seemingly trivial issues, which are not trivial for us at all. But what we do know is that this year we continue to deepen this initiative and agree on the next steps. What I know for sure is that we will exchange and analyze what has changed in the past year and see if there are examples of new good practices, and we will try to promote them within each country and take some new steps that we can take together.
Vanja Petrović, MA, feminist, non-binary activist, and doctoral student in Social Policy and Social Work
Vanja Petrović, MA, is a non-binary activist, independent researcher, and a doctoral student in Social Policy at the Faculty of Political Sciences, University of Belgrade. Their fields of interest and research include the history of local feminism, abolitionist feminism, and solidarity-based, non-hierarchical organizing. Vanja is also one of the co-founders of the abolitionist Novi Sad Feminist Collective (NS FAK), and the author for the feminist portal Vox Feminae. (Edited)
QUESTION: How could abolitionist feminism contribute to reducing violence against women, and what specific changes should be implemented to achieve transformative justice?