Report on National Campaign Action carried out within the framework for the Council of Europe Campaign to Combat Violence against Women, Including Domestic Violence

Legal and policy measures

The Law of Georgia on Combating Domestic Violence, Protection of and Support to Its Victims was adopted by the parliament of Georgia on 25 May, 2006. This legal act is an important step towards an improved response of the government to domestic violence. The law entered into force on June 9, 2006.

The Law defines unity of actions characteristic to domestic violence, legal and organizational grounds for identification of and combating violence in the family, as well as guarantees of legal and social protection for victims of domestic violence.

The aims of the Law are:

· By recognizing equality in rights of family members, creation of firm legislative guarantees for the protection of rights and freedoms of the family members;
· Creation of effective legal mechanisms for identification, elimination and prevention of domestic violence;
· Ensuring access to justice to the victims of domestic violence;
· Establishment of the basis for the protection, support and rehabilitation of victims of domestic violence;
· Ensuring cooperation between various institutions for the purpose of prevention and elimination of the domestic violence.

The law provides an extensive definition of domestic violence and new remedies for domestic violence victims. Namely, it is Article 10 that defines these important new remedies of protective orders and restrictive orders which allow police and courts to restrict the activities of a perpetrator in order to protect victims¹.

A protective order is an act issued by the first instance court judge based on administrative proceedings, which defines temporary protection measures of victims in cases of domestic violence, except cases, where the grounds for instituting a criminal proceeding exists and the person is deprived of liberty based on the restrictive measure.

A restrictive order is an act issued by the authorized employee of police, which defines temporary protection measures of victims in cases of domestic violence and which shall be submitted to the court for approval within 24 hours.

Failure to comply with the conditions prescribed by protective order shall lead to criminal responsibility of the perpetrator.

The law incorporates the adoption of Action Plan on Combating Domestic Violence, Protection of and Support to its victims (for 2007-2008). The Plan of Action was elaborated and the Prime Minister of Georgia approved it by Order (# 406) on July 30, 2007. The Action Plan on Combating Domestic Violence, Protection of and Support to its victims gives the detailed steps for preventing domestic violence and specific activities for supporting to its victims.

The present Action Plan provides for objectives as follows:

· Elaboration and adoption of standards for temporary shelters for the victims of domestic violence and perpetrators’ rehabilitation centres by the Ministry of Labour, Health and Social Affairs and other relevant governmental bodies;
· Preparation of the corresponding legislative act on social worker status and functions;
· Providing international standard trainings for target groups: the staff of the Ministry of Internal Affairs and Office of the Prosecutor General, judges, workers of healthcare, education and social spheres;
· Engagement of the NGOs in public awareness raising campaigns;
· Establishment of the two hotlines by the Ministry of Internal Affairs and the Ministry of Labour, Health and Social Affairs, respectively;
· Ensuring that sufficient funds are earmarked in the state budget to implement activities outlined in the Action Plan.

Support and protection for victims

The Law of Georgia on Combating Domestic Violence, Protection of and Support to Its Victims underlines the importance of the establishment of the temporary shelters (Article 17) for the victims of domestic violence and perpetrators’ rehabilitation centres (Article 20).

There are 4 temporary shelters for the victims of domestic violence in Georgia, which are set up by the non-governmental organisations. Three of them exist in Tbilisi and one in Akhaltsikhe (Samtskhe-Javakheti region). The Governmental bodies actively cooperate with the local NGOs, in order to set up new shelters.

According to the Law the Ministry of Labour, Health and Social Affairs should determine minimal standards for temporary shelters for victims of domestic violence and perpetrators’ rehabilitation centres (Article 21). The working on the elaboration of the minimal standards for temporary shelters for victims of domestic violence and for the perpetrators’ rehabilitation centres is underway.

In February 2007 the Task Force on Combating Domestic Violence, Protection of and Support to Its Victims was created by the Order (#43/o) of the Minister of Labour, Health and Social Affairs of Georgia. According to the Law (Article 21) the Task Force is working on the elaboration of the concept on the mechanisms for providing social services and support training of social workers.

The concept defines the duties of the social services and activities which should be done for the functioning of these services:

· Definition of the social service status;
· Implementation of the legislative and organizational arrangements for the creation of these services;
· Definition of the services’ functions and duties;
· Training of social workers;
· Creation of the unit responsible for registration, collecting and processing of the data regarding every fact of domestic violence;
· Study and relevant analyses of domestic violence causes and support to family members in overcoming disputes;
· Elaboration of the activities for the protection of, support to and rehabilitation of the domestic violence victims;
· Ensuring the awareness raising on domestic violence and etc.

Ministry of Internal Affairs operates the “hot line” within its several units. Patrol police hotline “022” is accessible and free of charge for everyone. It works everyday 24 hour. Well trained operators respond on each emergency call and give them quickest service. Call is transmitted to local police units and/or closest patrol police platoon. Police officers immediately arrive at the scene of violence and ensure separation and protection of a victim when necessary as well as restraint of the offender.

At the Ministry of Labour, Health and Social Affairs operate emergency services. The emergency services hot line “03” works everyday 24 hour and is accessible and free of charge for everyone. Operators react on each emergency call and send healthcare workers to the scene of violence. They provide free of charge medical aid to everyone including to the victims of domestic violence.

Data collection

Ministry of Internal Affairs of Georgia collects and analysis domestic violence statistics throughout the country (Department for the Information Collection and Analysis).

Police officer who is called on the place of domestic violence records detailed information of the case, including all data about offenders, victims, witnesses, informers (name, age, place of work, relationship and etc.) The information gathered is transferred to the court, which determines measure of administrative restraint if necessary, based on victims testimonies.

Office of the Prosecutor General of Georgia also records information on domestic violence. Human Rights Unit collects detailed information of the cases, including all data about offenders, victims, witnesses, informers (name, age, place of work, relationship and etc.).

Awareness Raising

With aim of public awareness raising on the domestic violence issues international standard trainings are provided for target groups: the staff of the Ministry of Internal Affairs and Office of the Prosecutor General, judges, workers of healthcare, education and social spheres.

The Governmental bodies actively cooperate with the local NGOs and international organizations, especially in the field of training, support and rehabilitation of victims.

Domestic violence curriculum is an integral part of the basic police training of patrol officers and criminal police officers, with a special focus on district inspectors, detective-investigators that have day to day contact with the local communities. Curriculum is taught with interactive training modules, among other tools using role playing exercises to train officers in situations close to reality.

The draft of the concept on the mechanisms for providing social services and support training of social workers is elaborated. This concept incorporates the providing of trainings for social workers. The social services should conduct the informational and educational activity, actively cooperate with mass-media and participate in special broadcasts dedicated to domestic violence problems. The social workers should ensure the spreading of information of the issue and assure the public awareness raising of the people’s rights and protection guarantees for their rights.

Assessment of the impact of the Council of Europe Campaign

The Task Force will partly base its assessment of the impact of the Council of Europe Campaign to combat Violence against Women, including Domestic Violence on the following indicators. Please respond by ticking on the boxes.

1. Is any and every act of violence against women criminalised in your country?

YES x NO q

Under Article 9 of the Law of Georgia on Combating Domestic Violence, Protection of and Support to Its Victims, the domestic violence must be treated as a crime when it “contains the elements of a criminal offence.” Several articles of the Criminal Code can be invoked to punish certain manifestations of domestic violence including murder, manslaughter, premeditated infliction of damage to health, assault, beating, driving a person to a suicide, rape, etc.

2. Is violence committed by a partner or former partner punished more severely than violence among strangers (eg. gender based violence as such or the abuse of power will be considered an aggravating circumstance)?

YES q NO x

According to the Law of Georgia on Combating Domestic Violence, Protection of and Support to Its Victims if the domestic violence contains the elements of a criminal offences, offender will be punished according to the Criminal Code of Georgia, In spite of his/her relationships to victim . In the Cases of the Domestic conflicts restrictive or protective orders may be used as emergency measure to solve the problem.

3. Are victims enabled to seek justice in a human manner (eg. specialised courts on domestic violence, specialised units within the police, the public prosecutor or the judiciary)?

YES q NO x

Although there are no specialized police units, police officers which may have immediate contact with the cases of domestic conflicts or domestic violence regularly take trainings on the issues how to behave with the offenders and victims (especially with children). Furthermore, specialized trainings are concluded by the Ministry of Internal Affairs and international organizations on specifies of interrogation of domestic violence.
Criminal, civil and administrative law mechanisms shall apply to identification and elimination of domestic violence.
Criminal law mechanisms shall apply where an act of domestic violence contains elements of a criminal offence.
Civil law mechanisms shall apply where the damage inflicted gives rise to obligation to compensate damages in accordance with the civil law.
Administrative law mechanisms shall apply where an act is of insignificant public danger, does not give rise to criminal responsibility and which can be dealt with by application of administrative law provisions.”

4. Does a national emergency 24/7 help-line exist free of charge for victims of domestic violence in your country?

YES x NO q

5. Have safe shelters been set up for victims of domestic violence in an adequate ratio in your member state? ²

YES q NO x

6. Is administrative data being collected on victims of domestic violence?

YES x NO q

Ministry of Internal Affairs of Georgia collects and analysis domestic violence statistics throughout the country (Department for the Information Collection and Analysis).
Police officer who is called on the place of Domestic Violence records detailed information of the case, including all data about offenders, victims, witnesses, informers (name, age, place of work, relationship and etc.) The information gathered is transferred to the court, which determines measure of administrative restraint if necessary, based on victims testimonies.
Office of the Prosecutor General of Georgia also records information on domestic violence. Human Rights Unit collects detailed information of the cases, including all data about offenders, victims, witnesses, informers (name, age, place of work, relationship and etc.).

7. Is domestic violence considered as a human rights violation to be addressed in your legal system?

YES x NO q