Human rights activists offer to toughen punishment for domestic violence

Baku/01.07.22/Turan: The Institute for Citizen Rights (ICR) has prepared draft proposals on preventing domestic violence and bringing it in conformity with international human rights standards.

The amendments provide for compliance with requirements of the Council of Europe Convention on Prevention of Violence Against Women and Domestic Violence (Istanbul Convention) and the Convention on Elimination of All Forms of Discrimination Against Women (CEDAW). To this end, individual articles of the laws must be eliminated, amended and supplemented with new provisions, ICR head Bashir Suleymanly told Turan.

In particular, the amendments are needed to the Law on Prevention of Domestic Violence, the Code of Administrative Offences, the Criminal Code, the Criminal Procedure Code and the Code of Civil Procedure.

The amendments are aimed at provision of victims with reliable protection, strict punishment of perpetrators and encouragement of the state to fulfill its obligations.

In addition, they propose to ensure confidentiality of persons reporting violence; to criminalize acts of domestic violence, and to provide for special procedures to protect victims from repeated violence.

The ICR encouraged civil society organizations, professionals, attorneys, and lawyers to participate and submit their suggestions and comments.  In particular, the authors of the document suggest expanding the concept of "domestic violence.   If now it implies intentional infliction of physical or moral harm by close relatives, then it is proposed to consider as violence the infliction of psychological and economic harm, as well as threats and coercion of sexual nature.

Domestic violence would also include actions aimed at prohibiting work, study and violation of other rights of economic nature.

It is suggested that media reports be considered as grounds for investigations as well. It is necessary to establish a twenty-four-hour hotline to advise people who encounter domestic violence.

Amendments to the Code of Administrative Misdemeanors are proposed to provide a fine from 300 to 600 manat for violation of economic rights or access to education. If such actions are committed repeatedly, the fine shall be increased from 2.500 to 5.000 manats. If these actions are committed with the use of physical force, then arrest is suggested  up to 30 days.

According to the amendments to the Criminal Code, domestic violence crimes will be considered an aggravating circumstance.

Additional clauses to the Criminal Code on murder, infliction of light, less serious and serious harm to health on the basis of domestic violence were also proposed.

A new paragraph to Article 133.1-1 "Battery" is proposed, which provides for 2 to 4 years of imprisonment for battery and mental torture on the grounds of domestic violence.

3 to 5 years of imprisonment are proposed for unlawful imprisonment due to domestic violence. New liability is also proposed for sexual assault stalking. Domestic violence rape would be punishable by 5 to 10 years of imprisonment. -06В-