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Resolution 1853 (2011) Final version
Protection orders for victims of domestic violence
1. Domestic violence is a persistent
scourge affecting the lives of millions of people, especially women. Unfortunately,
an inadequate legal framework often affects the capacity of Council
of Europe member states to effectively respond to the protection
needs of the victims and their dependants, whose physical safety
is of the utmost importance.
2. In recent years, member states have adapted a number of existing
legal measures, such as civil injunctions or restraining orders
in the context of a criminal procedure, to suit cases of domestic
violence. In addition, some member states have introduced protection
orders specifically intended to protect victims of domestic violence
by ensuring the removal of the perpetrator from the common home,
provided that certain conditions are met.
3. These developments represent an important step forward in
providing a comprehensive framework to meet victims’ basic protection
needs. However, the small proportion of cases of domestic violence
reported to the authorities, the high number of cases withdrawn
by the victims themselves and the low rate of convictions indicate
that the current framework is not flawless.
4. One of its flaws is the fact that the procedure to obtain
protection measures can usually only be initiated ex parte, which presents daunting
difficulties for victims of violence in the light of their psychological
situation and their fear of retaliation from the perpetrator. Likewise,
the often exceedingly short duration of the protective measures
does not leave sufficient time for victims to gather their thoughts,
find practical solutions in order to resume a normal life and consider
legal steps against the perpetrator.
5. A further element which contributes to weakening the effectiveness
of the existing legal framework is a lack of understanding of the
phenomenon of violence against women on the part of the law enforcement authorities,
whether the police or the judiciary, whose members rarely receive
specific training in this area.
6. The Parliamentary Assembly is convinced that strengthening
the effectiveness of available measures to provide for the physical
safety of victims of domestic violence should be a priority, not
only to prevent harm to the victims, but also to ensure the credibility
of the entire criminal-law framework on violence against women. Victims
will feel safe to report the crimes to which they have been subjected
only when they are convinced that the legal system is willing and
able to protect them against the threats posed by the perpetrator.
7. In this context, the Assembly reaffirms its support for the
Council of Europe Convention on Preventing and Combating Violence
against Women and Domestic Violence (CETS No. 210) which has made
a major contribution to bringing the issue of domestic violence
to the forefront of the political debate and ensuring that it is
not considered as a “private” matter, but one which affects the
public interest.
8. With these considerations in mind, the Assembly asks Council
of Europe member states to:
8.1. ensure
that a variety of legal measures is available for the protection
of victims of domestic violence, including civil injunctions, restraining
orders in the context of a criminal procedure, and emergency barring
orders, as well as specific protection orders for victims of domestic
violence;
8.2. ensure that, as far as possible, these measures can be
initiated ex officio, in addition
to ex parte;
8.3. instruct the police to investigate and keep a record of
all reported cases of domestic violence;
8.4. introduce an obligation on law enforcement authorities
to pursue investigations or legal proceedings even when victims
withdraw their complaint;
8.5. in the context of legal proceedings in the area of domestic
violence, ensure that emergency barring orders can be imposed for
immediate protection, to be followed, as the case may be, by more permanent
measures, including ones taken in conjunction with a criminal case;
8.6. in cases of serious violence and threats, ensure that
an emergency barring order is automatically imposed, together with
an injunction on the perpetrator to undergo rehabilitation;
8.7. ensure that when, in the context of a criminal procedure,
a suspected perpetrator of violence is arrested for a short period,
a restraining order is available to protect the victim upon the
perpetrator’s release;
8.8. ensure that, in the context of a criminal procedure, a
restraining order can be issued both before the trial and after
sentencing, in both cases ex officio;
8.9. instruct the police to investigate all cases of breaches
of protection orders, irrespective of whether or not this is requested
by the victim;
8.10. ensure that sanctions for breaches of protection orders
are substantial, proportionate and have an effective deterrent effect;
8.11. ensure that protection orders are available for immediate
protection and are free of charge for the victims of violence;
8.12. organise or promote the organisation of training for law
enforcement officials on violence against women and domestic violence,
in all its forms, including psychological violence and so-called
“honour crimes”;
8.13. set up one-stop services, providing a wide range of assistance
and advice to victims of domestic violence.
9. The Assembly calls on member states to sign and ratify the
Council of Europe Convention on preventing and combating violence
against women and domestic violence without delay.
10. The Assembly calls on Council of Europe member states to identify
and share best practices in preventing and combating violence against
women and domestic violence, with a view to enhancing common standards
in this field.
11. Finally, as far as international co-operation is concerned,
the Assembly encourages member states to recognise injunctions as
well as restraining and protection orders issued by other Council
of Europe member states.