CEDAW/C/68/D/91/2015
discriminatory. In addition, the author provides no evidence that K. ’s actions were
motivated by the author being a woman or directed towards discriminating against
her based on her gender.
4.13 Lastly, the State party believes that, since K. was not a member of her family
at the moment of the alleged violence, because the author began living with a nother
man in 2010, the author ’s claim that she was a victim of domestic violence is also
unsubstantiated.
Author’s comments on the State party’s observations on admissibility and
the merits
5.1 In her comments dated 12 July 2016, the author challenges the State party’s
assertion that she did not exhaust all domestic remedies. She claims to have
exhausted all effective legal remedies concerning all the violations referred to in her
complaint regarding the lack of reaction by the State party to the continuous
stalking, including persistent calls and text messages, insults, threats and physical
stalking, from which she suffered at the hands of her former partner.
5.2 As regards the appeal to the Oktyabrskiy District Court against the decision of
11 July 2013 denying her measures of protection, the author claims that such an
appeal would not have been effective because those measures are not designed for
the protection of victims in domestic violence cases. The author and her counsel are
not aware of a case in which such measures have been granted in relation to victims
in privately prosecuted criminal cases, which are considered to be the least serious.
She further claims that the law on State protection of victims, witnesses and other
participants in criminal proceedings is discriminatory in nature and cannot be seen
as an effective and urgent remedy for the protection of victims of domestic violence,
because the burden of proving the existence of a direct and imminent threat to life
and health beyond reasonable doubt is placed entirely on the victim, who acts as a
private prosecutor in a criminal case. Moreover, such protective measures can be
effective only if they are applied immediately. In the author ’s case, her petition for
protective measures was considered 22 days after its submission, which is seven
times longer than is prescribed by law. 4
5.3 The author notes that she repeatedly complained to the District Court and the
District Prosecutor about the inaction of the police and their decisions in the course
of the preliminary examination after her complaints of stalking. The decisions by
the police not to initiate criminal proceedings against K. were found unlawful by the
District Court and the District Prosecutor ’s Office, but this did not lead to a positive
result for the author. The author further notes that, three years after the event, the
authorities have still not conducted the necessary investigation into an act of
domestic violence, brought the perpetrator to justice or provided her wit h protection
from stalking, nor compensated her for the damage arising from the psychological
stress linked to the threats of violence repeatedly made to her by K.
5.4 The author believes that the internal legal remedy that the State party referred
to (see para. 4.8 above), is unduly prolonged and unlikely to lead to effective relief
within the meaning of article 4 (1) of the Optional Protocol. Between February and
August 2013, the author lodged several criminal complaints with the police about
threats and stalking, and was reasonably hoping that the police would conduct the
necessary investigation into them. The author believes that, considering her
persistent attempts to bring her claims before the national authorities, the request to
continue her efforts using ineffective legal remedies, while the authorities remained
__________________
4
6/12
See article 18 (2) of the law on State protection of victims, witnesses and other participants in
criminal proceedings.
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