CEDAW/C/73/D/100/2016 violence against women, whether those acts are perpetrated by the State or by private actors. 9.5 The Committee notes the authors’ submission that the legislation in the State party does not include a definition of domestic violence and does not provide effective legal protection against domestic violence (see para. 3.3 above). The Committee recalls article 3 of the Convention and its concluding observations on the State party ’s eighth periodic report, in which it recommended that the State party should urgently adopt comprehensive legislation to prevent and address violence against women, including domestic violence; introduce ex officio prosecution of domestic and sexual violence; and ensure that women and girls who are victims of violence have access to immediate means of redress and protection and that perpetrators are prosecuted and adequately punished (CEDAW/C/RUS/CO/8, para. 22 (a)). The Committee considers that the fact that a victim of domestic violence must resort to private prosecution, where the burden of proof is placed entirely on the victim, denies the victim access to justice. 11 The Committee notes that the amendments to national legislation (art. 11 6 of the Criminal Code) that decriminalize battery, under which many domestic violence cases are prosecuted owing to the absence of a definition of “domestic violence” in Russian law, 12 go in the wrong direction and lead to impunity for perpetrators of acts of domestic violence. 9.6 The Committee considers that the failure by the State party to amend its legislation relating to domestic violence to align it with international standards directly affected the possibility of the authors’ being able to claim justice and to have access to efficient remedies and protection. Moreover, the Committee is concerned about the amendments of 2017, which reduced the scope of protection of women against domestic violence, thus leading to more widespread impunity. 9.7 The Committee is of the view that, in the absence of a comprehensive law on domestic violence and without any proper definition of domestic violence in legislation, requiring the authors to initiate private prosecution proceedings, in which they must call and interrogate witnesses, collect evidence, ensure their constant presence, and thereby be forced to constantly confront the perpetrators directly at the trial or risk having the proceedings closed, with no protection system in place for victims of domestic violence, cannot be considered a proper mechanism to address, prosecute and sanction a crime as serious as domestic violence. 9.8 The Committee considers that domestic violence constitutes a grave violation of human rights of such an intensity as to justify its being subjected to public prosecution and calls on the State party, within its prerogatives, to organize its own legal order to take into consideration international standards. The due diligence principle requires that the State party establish a system of effective and prompt investigation in cases of domestic violence, to ensure that perpetrators are prosecuted and sanctioned and that victims are provided with adequate relief. In the absence of any other information on file of pertinence, the Committee considers that due weight must be given to the authors’ detailed allegations. Accordingly, the Committee considers that the facts as presented reveal a violation of the authors ’ rights under articles 2 (a), (e) to (g) and 3 of the Convention, read together with article 1 of the Convention and taking into consideration the Committee ’s general recommendations No. 19, No. 28, No. 33 and No. 35. __________________ 11 12 16/18 See general recommendation No. 33, para. 15 (g). As at 7 February 2017, battery of “close persons” without causing bodily harm was categorized as an administrative offence, rather than a criminal offence. The term “close persons” includes spouses, parents, children, step-parents, stepchildren, brothers, siblings, grandparents, grandchildren, legal guardians, relatives of a spouse and persons who share a common household with the perpetrator. 19-15442