Draft
AS/Ega/Inf (2006) 20
24 November 2006
aegainfdoc20_2006

Committee on Equal Opportunities for Women and Men

Parliaments united in combating domestic violence against women

Contribution of Ms Sotiroulla Charalambous, contact parlementarian (Cyprus, “Progressive Party of the Working People”) on the fight against domestic violence in Cyprus.

Legislation on Violence

1.0 Legislation and Sanctions relating to Violence against Women

Under the law dealing with violence there is no discrimination between men and women and protection of children - victims is reinforced.
In Cyprus women enjoy equal protection of the law and have equal rights with men at work. (Equal Pay between Men and Women for Work of Equal Value, Law No. 177(I) of 2002, Equal Treatment in Employment and Professional Trainings, Law No. 205 (I) of 2002, Equal Treatment in Social Security, Law No. 133 (I) of 2002). Women also have the same rights as men to property, inheritance and family income. (Spouses Property Relation, Law 232 of 1991). Moreover, men and women alike have the same rights regarding causes for divorce.

1.1 LETTER OF LAW - DEFINITIONS:

Cyprus is one of the few countries to have enacted a law dealing specifically with domestic violence. One of the main objectives of the law is to condemn any act of violence within the family and to express its abhorrence for such inhuman behaviour. It also raises substantially the penalties provided by law for ordinary acts of violence. However, one can say that the primary target of this law is to provide protection to victims, by excluding the offending party from the marital home.
In 2000, a new law on Violence in the Family (Prevention and Protection of the Victims) was adopted.¹

1.2 DOMESTIC VIOLENCE

In 1994, a law was enacted for the prevention of domestic violence and the protection of victims. Soon after the enactment of the law certain difficulties were encountered as far as the implementation of some of its provisions and therefore an amending bill was prepared. However, when the amending bill was presented to the House of Representatives, it was decided, due to the extensive amendments proposed, to draft a new law in order to repeal and replace the old law. Thereafter, a new bill was drafted which was enacted in July 2000.
The new law has been completely restructured. Part II, briefly deals with the meaning and the scope of violence and part III with the appointment of family counsellors and committees. Part IV introduces new provisions regarding obtaining statements by use of audiovisual electronic means. Statements obtained using these means may be presented as evidence without any need to re-examine the primary witness, whom, however remains available for purposes of cross-examination. Part V contains provisions for speedy trial and for the protection of the witness from harassment or intimidation.
Section 17 deals with the admissibility of evidence by a psychiatrist to whom a child patient disclosed incidents of ill treatment by any person, during psychiatric treatment.
Under section 18, the court is empowered to provide protection to victims and witnesses of violence in submitting their testimony, so as to avoid direct confrontation with the accused, but without depriving the accused of his right to cross - examine the witness. The use of screens, close circuit television links and other means producing the same effect may achieve this.
Under section 19, the court may interfere and give directions regarding the mode of cross-examination with the view to avoid intimating the witness.
Section 20 makes the spouse a ‘compellable witness’ if the victim of domestic violence is another member of the family. It is interesting to note that in an indirect way, the spouse is a compellable witness even when the violence directed against the spouse done in the presence of children, because in such a case the violence committed is deemed to be exercised against the child.
Sections 21 to 24 deal with the issue of restraining orders. These provisions were carried forward from the old law.
Part VII contains new provisions regarding the establishment of a fund for assistance to victims of violence.
Section 31 provides for the establishment and operation of shelters for victims.
Finally, it is an offence under section 34 to disclose the identity of the victim or of the offender that may lead to the identification of the victim. This is an absolute prohibition and covers practically any person who acts contrary to the provision in this section.
It should also be noted that the Law provides for various support programmes / schemes and self control treatment, aiming for the rehabilitation of the offender.

It is important to note that there has been an amendment of Law No.119 (I) /2000 made by Law No.212 (I) /2004.

1.3 International Conventions

Cyprus has ratified all international human rights instruments. There were no reservations in the ratification of the Covenant on the Elimination of All Forms of Discrimination against Women. Cyprus also ratified the Optional Protocol to the CEDAW Convention.

2.0 Effectiveness of Legislation

2.1 Support/Protection

Restraining orders

Restraining orders may be made against a person accused of an offence of violence that orders him not to enter or stay in the marital home in the following circumstances:

- He has a history of repeated acts of violence against members of his family or at least has 2 convictions in the last 2 years for similar offences;

- The violence caused such actual, physical, sexual or psychological injury to endanger the life, corporal integrity or sexual or psychological health of the victim;

- The accused refused to submit himself to treatment for self-control as required.

COURT ORDER FOR THE REMOVAL OF A MINOR

During the trial for violence against a minor, the court may order that the minor is removed from his/her home and be placed at a place of safety until the case is concluded.

Witness protection

Under the new Law dealing with Domestic Violence, a victim may in strict confidentiality report the case to the family counsellor, who would then take all measures and steps for bringing the case before the court.
The court may order that the evidence of the victim or witnesses may be heard, or that the whole trial may be held in camera, or may give such directions necessary for the protection of victims or other persons without prejudicing the accused's rights to a fair trial.
No information may be published in the press that would lead to the identification of the victim.

ADVISORY COMMITTEE FOR THE PREVENTION AND HANDLING OF VIOLENCE IN THE FAMILY

Established under this Act for the prevention and combat of violence in the family, the committee's remit is to:

- Monitor the problem of violence in the family in Cyprus;
- Inform and enlighten the public and professionals using the media, conferences, seminars and re-education programmes;
- Promote research;
- Promote services necessary to deal with all aspects of violence in the family;
- Monitor the effectiveness of related services and the application and enforcement of the relevant legislation.

MANDATORY REPORTING

The reporting of family violence cases is not compulsory by law. However, public officers of the Ministries of Health, Education, Justice and Public Order (Police) and Labour and Social Insurance (Social Welfare Services) have a mandatory duty to report to the Attorney's General’s Office any referrals regarding concerns, suspicions or evidence of family violence including domestic violence. Additionally, according to Article 35A, any person who omits to report a case of violence against a minor or a person having severe mental or psychological deficiencies, which came to his or her knowledge, commits an offence.

MANUAL OF INTER-DEPARTMENTAL PROCEDURES

A manual of inter-departmental procedures concerning family violence was approved by the Council of Ministers. This document provides a national framework within which statutory departments and professionals draw up and agree upon detailed procedures and ways of working together.

Training of the police

Members of the police undergo specific training on the subject of Domestic Violence so that they can deal with such cases, to understand and respond to them appropriately and adequately. Given the fact that most complaints are filed by women, special training emphasis is given to women police officers to whom most cases are referred to.

The major objective of the training programmes is to increase the participants' awareness and capabilities to assist mainly women and children victims of violence and/or rape, and to advance their knowledge and skills in handling such cases.