Dokument #1150381
IRB – Immigration and Refugee Board of Canada (Autor)
The 1998 report Violence Against
Women by the Warsaw-based Women's Rights Centre has been
forwarded to the Regional Documentation Centres and is also
available on the Internet at http://free.ngo.pl/temida/. It
contains statistics on the prevalence of domestic violence and its
perpetrators and victims; information on laws related to domestic
violence, including the definition of "abuse," and how they are
carried out in practice; and statistics on convictions. The report
also has information about the prevalence of rape and related
legislation, as well as prostitution, trafficking in women, sexual
harassment, and the organization's work related to violence against
women.
In 1995, there was a 33 per cent rise in
the number of domestic abuse cases reported in Poland, and in 1998
the Women's Rights Centre indicated that the numbers had continued
to rise (New York Times 8 May 1998). According to the
Warsaw Voice, in 1996, police responded to over 1 million
cases related to domestic violence and 10,000 of those were brought
to court (16 Nov. 1997). Other sources state that 15,412 people
went to court for domestic violence cases that year, 98 per cent of
them men, and 12,087 of them received sentences (Council of Europe
27 Nov. 1998; Women's Rights Centre 1998, Section II). According to
a report submitted by the Polish government to the United Nations,
in 1994, 10,469 people were convicted of domestic violence, 10,265
of whom were men (UN 10 Dec. 1996). Official statistics indicate
that 9 per cent of women report that they are assaulted regularly
by their husbands, although women's organizations assert that the
true figure is much higher (Country Reports 1998 1999,
Section 5).
Domestic violence is receiving more public
attention in Poland than it has in the past (New York
Times 8 May 1998; Warsaw Voice 25 Jan. 1998).
November 1997 was declared Stop Domestic Violence Month and a
publicity campaign was held to raise awareness about domestic
violence (ibid.; ibid. 16 Nov. 1997; New York Times 8 May
1998). The campaign did not result in any legislative or policy
reforms (Nowakowska Sept. 1998).
Women's groups have tried to sensitize
police forces to violence against women, and encouraged women to
speak out about their experiences (New York Times 8 May
1998; Women's Rights Centre 1998, Section III). The Women's Rights
Centre ran seminars for police officers on domestic violence in
spring 1998 and plans to provide similar training for prosecutors
and judges in the future (ibid.).
The Warsaw Voice stated in
November 1997 that the resources available to victims of violence
had improved, adding that there were "many" hotlines, a Nationwide
Emergency Service for the Victims of Domestic Violence, "several
dozen consultative centres and shelters for women with children" as
well as support groups (16 Nov. 1997). In addition to those listed
elsewhere in this Response, organizations cited in the press
include the Crisis Intervention Centre in Gorzów
Wielkopolski, the State Agency for Solving Alcohol Problems, which
headed the November 1997 initiative, and Warsaw's Family Without
Violence Centre, which runs a programme for batterers (Warsaw
Voice 25 Jan. 1998).
The country's Blue Line, a help line for
victims of domestic violence was set up in July 1997 and by
November 1997 it had received over 9,000 calls (Warsaw
Voice 16 Nov. 1997). During the November 1997 media blitz
calls to the line increased 170 per cent over September 1997 (ibid.
25 Jan. 1998). Sixty-one percent of calls were from the "big
cities", while ten per cent were from rural areas (ibid.). Some
calls were from men (ibid.).
There are four lawyers and a part-time
psychologist working at the Women's Rights Centre offering women
legal advice and counselling (New York Times 8 May 1998;
Women's Rights Centre 1998). During the Stop Domestic Violence
Month, over 2,000 received training in combatting domestic violence
(Warsaw Voice 25 Jan. 1998). They included teachers,
psychologists, welfare officers, health care workers, police and
staff from prosecutors' offices (ibid.). The campaign organizer
stated that while this was positive, efforts to establish a
volunteer programme to utilize these skills would take a long time,
as Poles are not yet accustomed to providing services for free
(ibid.).
There are no battered women's shelters in
Warsaw, although there are in Krakow, Lodz and Katowice (New
York Times 8 May 1998; Christian Science Monitor 19
Aug. 1998). Concerns have been raised that the strict rules in some
of these shelters preclude women from using their services (ibid.;
New York Times 8 May 1998). There can be restrictions on
the catchment area or on the amount of notice required before a
woman can enter the shelter, while some can require women to
re-establish contact with their spouses (Christian Science
Monitor 19 Aug. 1998).
Poland has established an Ombudsman's
office, although the incumbent, Adam Zielinski stated at the
submission of his annual report in late 1998, that domestic
violence cases were only sporadically reported to his office (PAP
10 Dec. 1998).
Sources cite several reasons why women
might not attempt to use the services that are available. For
example, women's economic dependence on their husbands can prevent
them from seeking redress (New York Times 8 May 1998). In
the countryside in particular, social pressure can add a further
impediment to speaking openly about one's abusive partner (ibid.).
According to the Warsaw Voice, individuals do not pursue
cases through fear of further violence and a lack of faith in the
justice system (16 Nov. 1997).
Some sources state that prosecutors and
police are not sympathetic to domestic violence cases and activists
claim that prosecutors discourage women from pursuing cases, by
requiring inordinate amounts of documentation, for example
(Warsaw Voice 16 Nov. 1997; Country Reports 1998
1999, Section 5; Women's Rights Centre date, Section III). The
process can also be very lengthy and the crimes not generally
treated as seriously as other criminal cases (ibid.). Police and
prosecutors are not sufficiently trained in this field, according
to the Women's Rights Centre (ibid.).
Urszula Nowakowska of the Women's Rights
Centre indicated that the government has begun downplaying the
prevalence of violence against women (Sept. 1998). The new
conservative government suspended a UNDP programme to establish ten
centres that would offer training to lawyers and psychologists who
deal with domestic abuse victims as well as provide public
information about the issue (New York Times 8 May 1998;
Christian Science Monitor 19 Aug. 1998).
Article 184 of the Penal Code, which covers
all forms of domestic violence and is gender-neutral, calls for
penalties of between six months and five years, with "extreme"
cases liable for sentences up to ten years (New York Times
8 May 1998; UN 10 Dec. 1996; Warsaw Voice 16 Nov. 1997).
Victims are not charged court fees (ibid.). Many sentences are
suspended (Country Reports 1998, 1999, Section 5; Women's
Rights Centre 1998, Section III).
This Response was prepared after
researching publicly accessible information currently available to
the Research Directorate within time constraints. This Response is
not, and does not purport to be, conclusive as to the merit of any
particular claim to refugee status or asylum.
References
Christian Science Monitor
[Boston]. 19 August 1998. "Support is Scarce for Abused Polish
Women." (NEXIS)
Council of Europe. 27 November 1998.
"Experts Call for Zero Tolerance on Domestic Violence." [Internet]
www.coe.fr [Accessed 3 Mar. 1998]
Country Reports on Human Rights
Practices for 1998. 1999. "Poland." [Internet] www.state.gov/ [Accessed 5 Mar. 1999]
New York Times. 8 May 1998.
Jane Perlez. "Dark Underside of Polish Family Life: VIolence."
(NEXIS)
Nowakowska, Urszula. September 1998.
"Violence Against Women: Issues and Mechanisms." [Internet] free.ngo.pl/temida/jalta.htm
[Accessed 25 Mar. 1999]
Polish Press Agency (PAP). 10 December
1998. "Senate Accepts Ombudsman's Report." (NEXIS)
United Nations. 10 December 1996.
E/CN.4/1997/Add.1. Report of the Special Rapporteur on Violence
Against Women, its Causes and Consequences, Ms Radhika
Coomaraswamy. Addendum: Report on the Mission of the Special
Rapporteur to Poland on the Issue of Trafficking and Forced
Prostitution of Women (24 May to 1 June 1996). [Internet] www.unhcrch.ch [Accessed 2 Mar. 1999]
Warsaw Voice. 25 January 1998.
No. 4. (483). "Courage to Call." [Internet] www.warsawvoice.com.pl [Accessed 3
Mar. 1999]
_____. 16 November 1997. No. 46 (473).
"Reaching for the Blue Line." [Internet] www.warsawvoice.com.pl [Accessed 3
Mar. 1999]
Women's Rights Centre. 1998.
Violence Against Women. [Internet] free.ngo.pl/temida/ [Accessed 25 Mar.
1999]