Victims of domestic violence protected by law 217/2003, but again endangered by the Criminal Procedure Code

Istanbul Convention – new measures to protect victims of domestic violence

Vote in the Parliament of Romania: victims of domestic violence are helped by the provisional protection order, but the aggressors benefited from the amendments to the Criminal Procedure Code

On Monday night, deputies voted on the drafted law for amending and completing Law no. 217/2003 for preventing and combating of violence in the family, republished, with subsequent amendments and completions. The law is part of the mandatory legislative harmonization with the Istanbul Convention (Council of European Convention on Preventing and Combating of Violence against Women and Domestic Violence), which Romania has ratified since September 1, 2016. It introduces new measures to protect victims of domestic violence, including the immediate removal of the aggressor by a provisional protective order issued on the spot by a policeman.

Real support for victims of domestic violence

Since joining the Romanian Parliament, MP Oana Bîzgan has been a supporter of the Istanbul Convention and of the legislative changes for 0 tolerance towards domestic violence. “The provisional protection order is essential for a rapid and effective intervention in support of the victim of domestic violence – removing the aggressor from the common domicile and for the victims, it is a measure that will save hundreds of lives annually, if applied correctly,” believes Oana Bîzgan, Young Global Leader 2018. The provisional protection order will be issued on the spot, is enforceable and is valid for 5 days, but can be extended at any time, until the protection order is issued by a judge. Moreover, the new drafted law introduces the obligation for the aggressor to permanently wear an electronic surveillance system (electronic bracelet).

“Let us not forget that in January 2018, everyone in Romania was horrified by the crime at a kindergarten in Bucharest: a man fatally stabbed his ex-wife, who already had a protection order issued against her former partner, who had repeatedly assaulted her. Since then, dozens of other women have fallen victims to the violence of their partners or former partners – one death every 5 days, ”recalls MP Oana Bîzgan. In Romania, the number of victims of domestic and sexual violence is increasing year by year, and the sanction of the aggressors remains low. Although the duration of the issuance of a protection order has decreased significantly (max. 72 hours), not all victims know that they can obtain it and how, and so far, the authorities could not prevent the aggressor from violating the order. Therefore, once entered into force, the provisions of the drafted law for amending and supplementing Law no. 217/2003 for the prevention and combating of domestic violence will be a real support for the victims.

Amendments to the Criminal Procedure Code benefit the aggressors

At the same time, most of the amendments to the Criminal Procedure Code passed in Parliament endanger access to justice for victims of domestic violence, sexual violence and for victims of human trafficking. These changes put the aggressor in the foreground – as a suspect or an accused – and infringe on the rights of the victims, while also violating multiple provisions of other European laws, directives and treaties to which Romania is a signatory.

“For example, the presence of the perpetrator at the hearing of the witnesses will result in the intimidation of victims”, points out Oana Bîzgan, continuing to state that this change will have harmful effects, especially in the cases of domestic violence: “We must understand that in cases of violence, it does not only entail a physical or sexual abuse, but also a continuous state of fear, a mental and emotional abuse, meaning  that the abuser has a significant influence on the victim and most likely also on the witnesses: the couple’s children. Imagine having the victim of a rape be face to face with their rapist … it is a trauma resumed, it is inhumane!”

Moreover, the deputy points out that the amendment contravenes the Istanbul Convention, Directive 2012/29 / EU / 2012, Law no. 211/2001, Law no. 682/2002 and Law no. 217/2003. In addition, the changes will lead to the elimination, among other means of evidence, of records made in compliance with the law, respectively to the impossibility to use, stated in another clause, the results of a computer or database search investigation. Therefore, cases of pedophilia or sexual abuse discovered tangentially will no longer be punishable, nor will the production and distribution of records with victims of human trafficking or rape, which contravenes art. 50 of the Istanbul Convention. “In Romania, a minor – girl or boy – is sexually abused every 4 days by a family member. It is not possible that in 2018, in a European country, we will tune the legislation to favor the aggressor, while the victims of domestic and sexual violence are further humiliated and vulnerable even to the authorities that should defend them”, says Oana Bîzgan, member of the Committee on Equal Opportunities for Women and Men in the Chamber of Deputies and the international Network “Women Free from Violence”.