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
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