A/HRC/41/33/Add.1
crimes are often attributed to maras (gangs), even though such murders constitute a small
amount of the overall number of femicides. It appears that in such cases even less
investigative effort is made.
55.
This impunity is symptomatic of a pattern of structural discrimination against
women. While the problem of impunity was obvious to all the interlocutors met, criminal
justice officials mostly considered that it was often due to victims withdrawing the
complaints. Little understanding was shown of the victims’ lack of trust in the system and
the inadequate protection against the risks to their security that they often faced when
denouncing offenders, as well the obstacles that their economic dependence on the
perpetrators created in terms of pursuing legal remedies. According to international human
rights standards, the State is not absolved from the obligation to investigate serious
incidents of violence if the victim withdraws the complaint: investigative efforts must be
focused on all relevant evidence.
56.
The Working Group notes that the Government took some measures to reduce
impunity for violence against women. The Domestic Violence Act, which regulates
intimate partner violence against women (when acts do not constitute criminal offences)
was reformed in 2006. It provides for a range of security, protection and precautionary
measures, as well as procedural rights for the victim, which is to be commended. The
Criminal Code criminalizes violence within the family, femicide and sexual crimes.
57.
The experts are concerned that there seems to be a lack of clarity in the legislative
framework on violence against women that can result in cases of a criminal nature being
subject to civil jurisdiction only. The interlocutors from the relevant State agencies placed
significant emphasis on the preventive function of the Domestic Violence Act, but it is
questionable whether civil law, which provides for community service as a sanction, does
indeed fulfil this function. The 24-hour detention periods provided as a measure under this
law might be insufficient for protecting victims and preventing violence, as noted by one of
the police officers met. The experts were also informed of delays during legal proceedings,
which jeopardized the protection of the victims. Moreover, there seems to be a problem
with respect to the implementation of protection measures. According to international
human rights standards, protection orders should be available to all victims, regardless of
how the act of violence is classified, and independent of any other legal proceedings. 35 The
experts hope that all serious acts of gender-based violence are indeed treated as criminal
offences, and recommend an integrated, comprehensive approach to violence against
women that reflects the seriousness of the problem.
58.
The experts welcome the establishment in August 2018 of the Inter-Agency
Commission to Monitor Investigations into Violent Deaths of Women and Femicide, but
express concern at its lack of funding, which jeopardizes its proper functioning. Some
interlocutors expressed the need for better data collection, more investigators and an
appropriate budget for the Office of the National Commissioner for Human Rights and the
Ministry of Security. Moreover, a number of interlocutors pointed to problems with respect
to the interpretation of the definition of femicide, which may reduce the number of charges
brought for the crime, in particular when the crime of femicide is reclassified by the judge
as murder or homicide. Concern was also expressed by non-governmental organizations
about the insufficient services for children of femicide victims.
59.
The experts commend the Government for establishing a specialized unit for women
within the Attorney General’s Office and within the police and specialized courts on
domestic violence, as well as for undertaking training and campaigns on gender-based
violence. However, according to the information received, these units are not properly
funded or staffed, and there are only three specialized courts in the whole country. The
experts were informed that in some municipalities there is a lack of prosecutors in domestic
violence cases, meaning that public defenders represent both the perpetrator and the victim,
as well as a shortage of judges to supervise the execution of measures. Moreover, some
35
14
See Committee on the Elimination of Discrimination against Women, general recommendation No.
35 (2017) on gender-based violence against women, updating general recommendation No. 19.
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