25.09.2006 - Source: Amnesty International

Extract from Law on Domestic Violence ("Thousands suffering in silence: Violence against women in the family [EUR 56/009/2006]") [ID 17347]

"Article 3 of the Georgian Law on Domestic Violence adopted on 25 May 2006 defines domestic violence as a "violation of constitutional rights and freedoms of one family member by the other, in conjunction with physical, psychological or sexual violence, coercion or threat to undertake such actions". Amnesty International welcomes that the law gives a broad definition of who is considered a family member for the purposes of this law. According to Article 4 (g),"family members [are] mother, father, grandfather, grandmother, spouse, child (stepchild), adopted child, foster parents, grandchild, siblings, parents of the spouse, children-in-law […] former spouse, persons in non-registered cohabitation, guardians, as well as persons who live or lived together." Article 4 defines the different types of violence as follows: · "Physical violence: battery, torture, injury, restriction of liberty or any other action that causes physical pain or suffering, restriction of food, accommodation and other conditions for normal development, as well as isolation of a minor from his/her parents (custodian), or failure to meet requirements concerning his/her state of health that may cause harm to the health of the minor, violate his/her personal dignity or lead to his/her death. ·"Psychological violence: offence, blackmail, degrading treatment, threat or any other act that violates the pride and dignity of a human being. · "Sexual violence: an act that violates sexual liberty and integrity of the person, as well as sexual intercourse or other acts of sexual nature or immoral acts with a minor. · "Economic violence: restriction of the right to property, the right to work and the right to enjoy shared property. · "Coercion: physical or psychological coercion of a person to perform or to abstain from performing an act, performance or non-performance of which represents the right of the person, or coercion to endure certain pressure against his/her will." [...] Article 16 of the Law on Domestic Violence adopted on 25 May 2006 stipulates that "police shall not be authorized to consider domestic violence cases inferior to other cases of violence" and obliges police to "immediately respond to [domestic violence calls] and take all legal measures". According to the same Article, the duties of the police include to "separately interview the possible victim, witnesses, the abuser including children, and record the [interviews]"; to "inform the victim of domestic violence of his/her rights"; and, upon request of the victim, "to transfer the victim or his/her children to a shelter". [...] The law also gives powers to police and first instance courts to issue temporary protection measures. Police are entitled to issue restraint orders on abusers. The order has to be submitted to the court for approval within 24 hours. First instance courts are entitled to issue protection orders except in those cases where there are grounds to instigate a criminal case against the abuser, in which case the suspect would be detained. If the abuser violates the conditions outlined in the restraint or protection orders he shall be brought to criminal responsibility. According to Article 12, "protection orders may be annulled based on a court decision if the parties concerned reconcile and jointly address the court requesting that the order be abolished"."

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