CEDAW/C/73/D/100/2016 cassation appeals may be effective. In 2014, the Supreme Court examined 354 cases, of which it found in favour of the appellant in 340 cases: for example, 17 convictions were annulled and returned for new investigation in three cases; five cases were closed definitively; eight convictions were partly modified; and 10 appeal rulings were annulled and the cases were sent back for new examination. In 2015, the Supreme Court examined 240 cases, of which it found in favour of the appellant in 226 cases. In 2016, the Supreme Court examined 103 cases. The State party cites a number of examples of decisions of the Supreme Court in cassation appeals. 6.2 The State party further notes that the European Court of Human Rights, in Abramyan and others v. Russian Federation, determined that the procedure modified in 2013 on the examination of cassation appeals in civil cases constituted an ordinary remedy to be exhausted prior to applying to the Court. 6.3 On the merits, the State party recalls the facts of the case. It notes that both authors claim that the authorities failed to take measures to prevent domestic violen ce and, in particular, failed to carry out an investigation into the domestic violence that they reported, the perpetrators were not sanctioned and the authors were denied their right to effective remedy. 6.4 The State party notes that both authors voluntarily lived with their husbands for a long time and were subjected to psychological and physical violence. The authors separated from their husbands only after a long period. Both were provided with psychological and legal aid in specialized centres near t heir places of residence, and X. was provided with housing. 6.5 The authors submitted complaints regarding domestic violence to the law enforcement authorities. Investigations into all their complaints were carried out, but it was revealed that no corpus delicti regarding crimes more serious than those proscribed under article 116 of the Criminal Code could be established. The authors were informed that their complaints should be examined under private prosecution proceedings, which would be initiated by a justice of the peace at their request. 6.6 The authors explained that they did not contact the justice of the peace because they were unfamiliar with the workings of the judicial system and were therefore unable to participate in the court sessions or act as private prosecutors (including preparing a request for the case to be opened, collecting evidence, calling witnesses and interrogating them in court and interrogating the accused). The authors objected to the procedure before the justice of the peace, the burden of proof being placed on the victim and the possibility that their cases could be closed given that there was no obligation to open a public inquiry into the acts of violence. According to the State party, the information required for the opening of a case before a justice of the peace is clearly established in article 318 of the Criminal Procedure Code. The content of that article was explained to the authors. In addition, in a private prosecution, under the provisions of the Code, the victim may be represented by a lawyer, a close relative or another person. The authors were represented by lawyers in the court of first instance and on appeal. They are also represented by counsel before the Committee. 6.7 With regard to private prosecution, the Constitutional Court ruled in September 2013 that the Constitution guarantees to all State protection, including court protection, of their rights and freedoms, obliging the State to provide victims of crimes with access to justice and compensation for the harm suffered (articles 45, 46 and 52 of the Constitution). That obligation is also enshrined in article 21 of the Constitution. A similar approach is contained in the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, of 1985, in which the General Assembly called upon States to ensure that court and administrative proceedings were responsive to the needs of victims of crime, including by providing adequate defence throughout the proceedings and also allowing the opinions a nd recommendations of 19-15442 11/18

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