CEDAW/C/73/D/100/2016
parties approved a settlement agreement, according to which the family apartment
became the property of the author. Despite that agreement, G. remained in the
apartment and continued to inflict violence on the author.
2.26 Y. notes that, on the night of 7 August 2014, G. hit her in the head. She called
the police and sought medical assistance. According to the medical records, she
suffered injuries that included soft tissue bruising of the head. On 9 August 2014, she
submitted a complaint to the Zyablikovo District police department. On 10 August
2014, the police refused to open a criminal case and informed the author that she
could submit a complaint to the justice of the peace.
2.27 On 5 September 2014, Y. requested the Nagatinsky District Court to order the
eviction of her husband from her apartment. On 1 December 2014, the court ordered
the husband to vacate the property.
2.28 On 17 November 2014, the Nagatinsky Inter-District Prosecutor reversed the
decisions of the police of 5 March 2013 and 10 August 2014 not to open a criminal
case. On 30 December 2014, the police refused to open a criminal case on the basis
of the complaints of 27 March 2013 and 9 August 2014. On 4 March 2015, that
decision was reversed by the Nagatinsky Inter-District Prosecutor.
2.29 Y. indicates that an evaluation of her medical records regarding the incident of
27 February 2013 was conducted on 18 May 2015, and an evaluation of her records
regarding the incident of 7 August 2014 was not conducted until June 2015. To date,
the author has received no update from the police regarding her complaints.
Exhaustion of domestic remedies
2.30 Regarding the exhaustion of domestic remedies, the authors note that they have
persistently appealed to the district prosecutors and courts against the decisions of the
police not to open criminal cases. In their complaints, the authors referred to the
provisions of the Convention, including articles 1, 2 and 5 (a) thereof, and to
articles 3, 8 and 14 of the European Convention on Human Rights. They mentioned
the lack of meaningful investigation; the reliance on stereotypes in the approach of
the police regarding domestic violence; the degree of risk faced by the victims; the
capacity of victims to defend their rights independently; and the illegality of the
decisions not to initiate criminal cases. They also claimed that they were victims of
discrimination with no remedy available to them; and that they had experienced
breaches of their right to access to justice, of the prohibition of discrimination, torture
and inhuman treatment and of their right to private and family life.
Author X.
2.31 In September 2013, X. submitted a complaint to the prosecutor of
Krasnogvardeisky District in Saint Petersburg about the inadequacy of the
investigation into her domestic violence complaints and the fact that she had not been
informed of any progress thereon. The prosecutor dismissed her complaint on
20 September 2013. In November 2013, she submitted a complaint to the prosecutor
of Krasnogvardeisky District, because no inquiry under article 20 (4) of the Criminal
Procedure Code had been opened by the police. She referred to, inter alia, articles 1,
2 and 5 (a) of the Convention. Her complaint was dismissed by the prosecutor on
6 December 2013.
2.32 On 25 November 2013, she filed a complaint with the Krasnogvardeisky District
Court regarding the inadequacy of the investigation into her domestic violence
complaints that were registered on 9 July and 14 October 2013 and the refusal to open
criminal cases. Her complaint was rejected on 23 December 2013. The author
19-15442
5/18