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Statement by Human Rights Center regarding Shortcomings in Judicial Proceedings on the Cases of Domestic Violence
13.09.2022
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HRC is concerned with the increased frequency of facts of femicide in recent times and believes that the State fails to fulfill a positive obligation to protect victims of domestic violence. From the cases under HRC consideration the trend is evident that the instances of remand on bail have recently increased against those accused in domestic violence. Before the trial, the abusers who are released under bail are still in contact with the victims who feel highly insecure and live in the constant fear of the attack.
HRC provides legal aid to victims of domestic violence. There are many shortcomings in the legal proceedings of such cases which HRC has been emphasizing for years.
In the cases of domestic violence, the attitude of judiciary toward alleged perpetrator remains a problematic issue. In these cases, as compared to the crimes of same gravity, the court reveals a more lenient approach, and the defendants are remanded on bail when a measure of restraint to be applied.
Such a lenient approach on the part of the courts is a dangerous trend increasing the real risk of further serious consequences. Further, this increases the feeling of insecurity for the victim when the person caught for violence is on freedom.
The above dangerous trend contradicts the state's obligation to properly protect victims of domestic violence. The positive obligation of the state involves the creation of an adequate legal framework as well as the efficient use of appropriate preventive measures. Consequently, the special care towards the victims of domestic violence is the responsibility of all branches of the government. Meanwhile, application of bail by the judiciary is encouraging factor for the perpetrator in a particular case and it also creates a favorable climate for crimes.
HRC believes that courts in domestic violence cases should take into consideration the specificity of the crime, adequately assess the possible threats that can be derived from the person accused in violence and use the measure of restraint of adequate severity.
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