A/HRC/41/33/Add.2
115 (11) of the Criminal Code,40 and those sharing a residence or household, while article 3
of the Convention includes former or current spouses or partners, whether or not the
perpetrator shares or has shared the same residence with the victim. Furthermore, the Act
currently does not include protection against economic violence as required under the same
article of the Convention.
72.
The Act institutes the “Blue Card” procedure, which involves a multidisciplinary
approach and actions by various relevant bodies, including the police, education
institutions, health-care institutions, social assistance and municipal committees. While the
integrated multidisciplinary approach is commendable, the experts learned of problems in
its implementation, including long delays in the civil proceedings for removing the
perpetrator from the family dwelling. The Working Group is pleased to learn from the
Ministry of Justice about the action taken to modify the Code of Civil Procedure in order to
introduce comprehensive solutions for the quick isolation of the abuser from the victim.
73.
Domestic violence is also proscribed in article 207 (1–3) of the Criminal Code under
the chapter on offences against the family and guardianship and can be dealt with under
other provisions of the Code. In article 275 (a) of the 2010 Code of Criminal Procedure, a
precautionary measure was introduced, which allows for ordering the accused of a violent
offence against a person sharing the same residence to vacate the premises for a period of
no more than three months, extendable for up to three additional months upon request by
the prosecutor, if there are reasonable grounds for believing that a violent offence may
occur again. The experts learned that there is a low number of successful prosecutions for
domestic violence and a high number of conditional sentences.
74.
The Working Group commends the allocation of State budget funds for the
establishment and maintenance of specialized support centres for victims of domestic
violence, including a centre for migrant women. Currently, there are a total of 36 such
centres across the country, which provided services to a total of 8,558 people in 2017. 41
Some interlocutors expressed concerns that the number of centres was not adequate, that
there was a lack of adequate support services, and that the duration of the provision of
accommodation in shelters was limited. The Commissioner for Human Rights has pointed
out the inadequacies in the national regulations, including the absence of gender-sensitive
references to victims/survivors and inadequate support to those women who are
marginalized due to disabilities, old age and migrant status.
75.
The Working Group learned that some key women’s rights organizations with a
long-standing record of assisting victims/survivors of domestic violence have seen their
funding cut in recent years, which might undermine the whole system of protection. The
experts appreciate the additional documentation that the Government has submitted after
the visit to demonstrate its position that it runs an open and transparent tender process using
objective assessment criteria for its Victims’ Aid and Post-penitentiary Aid Fund (the
Justice Fund), which makes increasing and significant financial allocations to assist victims,
witnesses and their closest relatives.
B.
Sexual violence
76.
The experts note that the Government has taken measures to improve legislation in
the area of sexual violence. The Code of Criminal Procedure was amended to introduce
prosecution ex officio of sexual offences and provide for special hearing procedures for
victims of sexual violence, aimed at minimizing their revictimization, ensuring the
questioning of victims only once throughout the proceedings in a supporting environment
with the presence of a psychologist. However, the rules do not specify the time limit, and,
according to some interlocutors, the hearing sometimes takes place more than three months
after the crime was committed. The delays have a negative impact on both the rights of
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Article 115 (11) of the Criminal Code states: “A next of kin is a spouse, an ascendant, descendant,
brother or sister, relative by marriage in the same line or degree, a person being an adopted relation,
as well as his spouse, and also a person actually living in co-habitation.”
Information provided by the Ministry of Family, Labour and Social Policy.
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