The public in Bosnia and Herzegovina was shaken by a new case of femicide in Sarajevo. Elma Godinjak-Prussian was killed, and the murderer was her husband Tarik Prussian, from whom she wanted to divorce and initiated the proceedings.
Unfortunately, femicide remains a huge problem in Bosnia and Herzegovina, and one of the terms we hear most often after such crimes is “restraining order”.
This measure, which is often imposed by the courts in BiH when it comes to cases of violence and abuse in the family, implies that the victim can report his abuser if he approaches her at a certain distance.
According to the Law on protection against domestic violence and violence against women of the Federation of Bosnia and Herzegovina, i.e. Article 28 of this law, the measure of prohibition of approaching the victim is imposed on the perpetrator of violence if there is a danger that he could commit violence again or if the presence of the perpetrator of violence in the vicinity of the victim would cause the victim a high degree of mental suffering that prevents the normal activities of the victim.
The law also states that the court that imposes the measure determines the places or areas and the distance at which the perpetrator of violence may not approach the victim of violence.
In the event that a person who is prohibited from approaching the victim violates this measure, it is mostly treated as a misdemeanor and, according to current practice, the court usually decides on a fine.
Bearing in mind the large number of cases of femicide, regardless of the fact that the perpetrators have received a restraining order from the court, a clear and only logical question arises: What is the purpose of this measure?
As we witness in such cases, the perpetrators are ready to violate the measures, and the victims can only call the police and hope that the officers will arrive at the location before the murder takes place.
However, no matter how quick the police are in their reaction, in a large number of cases the perpetrators have already finished what they set out to do, and the police can only state the criminal offense and arrest the perpetrator. At that moment, one person is no longer among the living, and for his family, even the maximum sentence cannot be enough.
In order for a restraining order to make sense, it must happen that the victim, who is already in fear because the person who committed the abuse is near her, can call the police and they will be able to react in time.
However, even if they react and, at least this time, manage to prevent the worst outcome, the fact that the court in most cases, as evidenced by practice, will impose a fine cannot contribute to the feeling of security of the victim, who still has to fear for his life.
A solution that can contribute to the victim’s safety would be, among other things, the GPS tracking of the abuser, which would enable the police to respond without the victim needing to notice her abuser and call the authorities.
One of the solutions would certainly be the tightening of measures, such as the imposition of detention for violation of a restraining order, which would have a deterrent effect due to the stricter penalty for violation.
All these measures for Elma Godinjak-Prusac and numerous other victims of femicide now no longer make sense, but they could certainly help in the future prevention of crimes that shake BiH. the public, he writes Klix.
