Serbia: Blood feuds carried out by ethnic Albanians; state protection and support services available to victims of blood feuds; instances of prosecution for blood-feud related crimes (2012-March 2014)

1. The Tradition of Blood Feuds

Sources indicate that blood feuds [also known as gyakmarrja, gyakmarrya, gjakmarrya, and gjakmarrja in Albanian and krvna osveta in Serbian] are part of a centuries-old tradition among ethnic Albanians, particularly in Northern Albania and Kosovo (IMIR 2004, 2; Malcolm 1998, 19-20). The rules of blood feuds trace back to the Kanun of Lek Dukagjin [also known as the Kanun or Code], a set of customary laws dating back to at least the fifteenth century (IMIR 2004, 2; Malcolm 1998, 17). According to the Kanun, if a man's honour is deeply affronted, his family has the right to kill the person who insulted him (IMIR 2004, 2; Malcolm 1998, 18-20). However, after such a killing, the victim's family can avenge the death by targeting male members of the killer's family, possibly setting off a pattern of reprisal killings between the families (IMIR 2004, 2; Malcolm 1998, 19-20).

The rules surrounding blood feuds dictate that it is forbidden to kill someone in their home, so some men become isolated in their homes in order to avoid the danger (IMIR 2004, 2; Clark 2000, 60; AFP 11 July 2011). Blood feuds can be suspended temporarily if the victim's family grants the killer's family a besa, a vow of security for a set length of time (IMIR 2004, 12; AFP 11 July 2011). According to a study by the International Centre for Minority Studies and Intercultural Relations (IMIR), a Sofia-based NGO that promotes intercultural, interethnic and interreligious coexistence in the Balkans (IMIR n.d.), a besa can guarantee safety for anywhere between one week and six months (ibid. 2004, 12). Once the duration of the besa is over, the male family members can remain safe only by staying inside their home (AFP 11 July 2011; IMIR 2004, 2) until another besa is secured (ibid., 12).

2. Prevalence of Blood Feuds in Serbia

Two sources indicate that ethnic Albanians in South Serbia have a history of blood feuds (Partners Serbia 25 Mar. 2014; KCSS 28 Mar. 2014). In correspondence with the Research Directorate, a representative of Partners for Democratic Change Serbia (Partners Serbia), a civil society organization that works "in the fields of rule of law, democracy and human rights, alternative dispute resolution, change and conflict management, and anti-discrimination" (Partners Serbia n.d.), shared her personal opinions and views about blood feuds in Serbia based on media reports and her work with the International Tribunal for the Former Yugoslavia (ibid. 25 Mar. 2014). She said that within Serbia, blood feuds are believed to exist only among the ethnic Albanian communities in South Serbia and that the influence of blood feuds in this region has been decreasing (ibid.). In correspondence with the Research Directorate, a researcher with the Pristina-based NGO Kosovar Centre for Security Studies (KCSS), an NGO that conducts research on issues related to security, justice and rule of law (KCSS n.d.), indicated that while the Code of Leke Dukagjini has its strongest influence in Northern Albania and Kosovo, the Presevo valley--the Albanian inhabited areas of South Serbia encompassing Presevo, Bujanovac and Medvedja--also has a problem with blood feuds as a result of their interactions with Kosovo and traces of the influence of the Kanun in the region (ibid. 28 Mar. 2014). According to Minority Rights Group International (MRG), the majority of the approximately 60,000 Albanians in Serbia live primarily in the Presevo Valley, which is described as the southern part of the state bordering Kosovo (MRG July 2008).

In correspondence with the Research Directorate, the President of the Helsinki Committee for Human Rights, a Belgrade-based NGO whose aims include conflict resolution to address the legacy of human rights violations and state-orchestrated repression in multi-ethnic regions of Serbia, including South Serbia (Helsinki Committee n.d.), said that blood feuds are not currently a problem in Serbia (ibid. 31 Mar. 2014). She said that there are a few unresolved blood feuds dating back from approximately twenty years ago, which were mostly related to land disputes (ibid.).

Two Serbian media sources report that in April of 2012, a man was killed in the street in Bujanovac as a result of a blood feud that dated back to 1978, when the victim had allegedly killed the perpetrator's brother and wounded his father (B92 11 Apr. 2012; Vesti 13 Apr. 2012). A spokesperson for the Vranje police, as quoted by the Serbian media source B92, said that the suspect stayed at the scene of the crime and was taken into police custody (11 Apr. 2012). Both the victim and perpetrator were originally from the village of Neselce in South Serbia (B92 11 Apr. 2012; Vesti 13 Apr. 2012). The perpetrator was visiting from Switzerland when he reportedly saw his brother's killer in Bujanovac by chance and decided to kill him in retribution for the 1978 killing (B92 11 Apr. 2012; Vesti 13 Apr. 2012).

According to an article about the Bujanovac blood feud killing by the Serbian media source Vesti, blood feuds were believed to have been eradicated in Bujanovac prior to this murder (Vesti 13 Apr. 2012). The same source notes that as of April 2012 the Vranje police did not have any serious criminal cases motivated by blood feuds registered with them (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the representative of Partners Serbia, public trust in the judiciary is low due to "inefficiency, long processes, and bad sanctioning policy," and as a result, there are still cases in Serbia in which people seek justice by killing the murderer of their family member (Partners Serbia 25 Mar. 2014). She said that there was a case in July 2013 when the father of a murder victim killed the father of the young woman who killed his son (ibid.). Further information about this case could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Blood feud statistics or examples of other blood feud cases in Serbia could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. However, sources indicate that not all blood feud cases are reported in the news (KCSS 28 Mar. 2014; Partners Serbia 25 Mar. 2014). According to the representative of Partners Serbia, the media only covers blood feud cases that are high profile, or with a strong political or social background (Partners Serbia 25 Mar. 2014).

3. Causes of Blood Feuds

According to historian Noel Malcolm's 1998 book Kosovo: A Short History, published by New York University Press, some of the traditional ways of dishonouring a man that can trigger blood feuds, as outlined in the Kanun, include "calling him a liar in front of other men; insulting his wife; taking his weapons or violating his hospitality" (Malcolm 1998, 18).

Similarly, according to the KCSS researcher, in addition to killings, causes that may trigger blood feuds in South Serbia include:

property disputes;

honour, such as insulting someone in public;

swearing at someone's wife;

theft and robbery;

or violent injuries, such as stabbings or shootings (KCSS 28 Mar. 2014)

The researcher also said that attacks related to blood feuds that result in injuries often go unreported to the authorities due to a lack of trust by Albanians in Serb authorities and/or a desire to take revenge against the perpetrator rather than have the perpetrator put in jail (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

4. Reconciliation of Blood Feuds

Sources report that blood feud reconciliation in Albania and Kosovo often involves mediation through a third party, such as an elder (IMIR 2004, 11-12; Partners Kosova n.d.a). IMIR indicates that the role of a conciliator in Kosovo is often passed down from father to son in families, and that many are professors and intellectuals (IMIR 2004, 11-12). The conciliator [or elder (Partners Kosova n.d.a.)] visits both families, often several times, in order to reach an agreement to end the bloodshed (ibid.; IMIR 2004, 12). Information on how blood feuds are reconciled in South Serbia could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the Partners Serbia representative, blood feuds in Kosovo and Serbia are perceived to be culturally specific to ethnic Albanians, so other community members are reluctant to interfere (Partners Serbia 25 Mar. 2014).

Sources report that in the 1990s Anton Çetta, a professor at the University of Pristina, led a large-scale reconciliation movement to end blood feuds in Kosovo (IMIR 2004, 10; Malcolm 1998, 20). Sources report that approximately 1,200 blood feuds were reconciled during this time (IMIR 2004, 10; Kosovo 13 Sept. 2013). Sources also say that only a few cases remained opened prior to the start of the 1999 war in Kosovo (Clark 2000, 63; Kosovo 13 Sept. 2013). The representative of Partners Serbia expressed the opinion that Çetta's movement likely had a strong influence on Albanians in South Serbia as well as in Kosovo, since Albanians in Kosovo and South Serbia have strong relations (Partners Serbia 25 Mar. 2014). According to the KCSS researcher, Anton Çetta's blood feud reconciliation movement included South Serbia, but it was limited due to limited access to the area (KCSS 28 Mar. 2014). He also said that South Serbia was considered a lesser priority because there were fewer blood feuds there than in Kosovo (ibid.). The same source indicated that the cases from South Serbia that Çetta resolved were primarily in the villages bordering Kosovo (ibid.).

5. State Protection and Services for People Involved in Blood Feuds

Information about state protection and services specifically for victims of blood feuds in South Serbia could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

6. Prosecution of Blood Feuds

According to the researcher from the KCSS, the perpetrator in the 2012 Bujanovac killing was prosecuted in accordance with Serbian law (KCSS 28 Mar. 2014). Information about the perpetrator's sentence could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Article 113 of the Criminal Code of Serbia prescribes a punishment of five to fifteen years for murder (Serbia 2009, Art. 113). Article 114 of the Criminal Code includes murders caused by "callous revenge" as an "aggravated" circumstance, and prescribes a punishment of a minimum of 10 years and maximum of 30 to 40 years imprisonment (ibid., Art. 114).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Agence France-Presse (AFP). 11 July 2011. Ismet Hajdari. "Blood Feud Cripples Lives in Kosovo." (Factiva)

B92 [Belgrade]. 11 April 2012. "Ethnic Albanians Involved in Suspected Blood Feud Murder." [Accessed 18 Mar. 2014]

Clark, Howard. 2000. Civil Resistance in Kosovo. London and Sterling, Virginia: Pluto Press.

Helsinki Committee for Human Rights. 31 March 2014. Correspondence from the President to the Research Directorate.

_____. N.d. "The Helsinki Committee: Mission and Strategy." [Accessed 1 Apr. 2014]

International Centre for Minority Studies and Intercultural Relations (IMIR). 2004. Tanya Mangalakova. The Kanun in Present-Day Albania, Kosovo, and Montenegro. [Accessed 31 Mar. 2014]

_____. N.d. "Who We Are." < [Accessed 1 Apr. 2014]

Kosovar Center for Security Studies (KCSS). 28 March 2014. Correspondence from a researcher to the Research Directorate.

_____. N.d. "About Us." [Accessed 1 Apr. 2014]

Kosovo. 13 September 2013. Correspondence from a representative of the Ombudsman Institution to the Research Directorate.

Malcolm, Noel. 1998. Kosovo: A Short History. New York: New York University Press.

Minority Rights Group International (MRG). July 2008. "Albanians." World Directory of Minorities and Indigenous Peoples. [Accessed 19 Mar. 2014]

Partners Kosova. N.d. "Case Study: Alternative Dispute Resolution and Blood Feuds." [Accessed 31 Mar. 2014]

Partners for Democratic Change Serbia (Partners Serbia). 25 March 2014. Correspondence from a representative to the Research Directorate.

_____. N.d. "About the Organization." [Accessed 1 Apr. 2014]

Serbia. 2009. Criminal Code. [Accessed 18 Mar. 2014]

Vesti. 13 April 2012. "Povratak Krvne Osvete u Bujanovcu." [Accessed 18 Mar. 2014]

Additional Sources Consulted

Oral sources: Attempts to contact the following representatives were unsuccessful within the time constraints of this Response: Humanitarian law Centre; Organization for Security and Co-operation in Europe (OSCE) Mission to Serbia; Serbia - Embassy of Serbia in Ottawa, Coordinating Body for the Municipalities of Presevo, Bujanovac and Medvedja, Ministry of Interior, Ombudsman, Vranje Police; Victimology Society of Serbia; Youth Initiative for Human Rights. Representatives of the YUCOM - Lawyers Committee for Human Rights, the Presevo Police, the Vranje police and a professor were unable to provide information.

Internet sites, including: Amnesty International; Balkan Human Rights Network; ecoi.net; Factiva; Humanitarian Law Centre legislationline.org; Radio Free Europe/Radio Liberty; Serbia - Embassy of the Republic of Serbia in Ottawa, Coordinating Body for the Municipalities of Presevo, Bujanovac and Medvedja, Ministry of Interior, Municipality of Bujanovac, Municipality of Mevedja, Municipality of Presevo Ombudsman; United Nations - Refworld; US Department of State Country Reports on Human Rights Practices; Victimology Society of SerbiaYouth Initiative for Human Rights;YUCOM - Lawyers Committee for Human Rights.