CEDAW/C/58/D/47/2012
and II; amendments to the Penal Code and the Law on Criminal Justice aimed at
precisely defining crimes against freedom and sexual security and the adoption
of measures of protection for victims of ill-treatment. The law of 2004 on
Measures of Comprehensive Protection against Gender Violence contains
procedural measures allowing for prompt and expeditious procedures in both the
civil and penal sphere, with measures of protection for women and their children
side by side with urgent precautionary measures. Courts dealing with violence
against women (Juzgados de Violencia sobre la Mujer) have been created, as a
specialized investigative court, as well as specialized prosecutorial offices. Law
35/1995 was also adopted, on 11 December, providing aid and assistance to
victims of violent crimes against sexual freedom.
6.7 With regard to articles 5 and 16 of the Convention, the State party
mentions activities carried out with a view to the training of justice system
employees, the development in 2004 of a Practical Guide for application of the
law, the creation in 1994 of a Monitoring Centre on the Image of Women
(Observatorio de la Imagen de las Mujeres), and the creation of Family Meeting
Points. Noteworthy measures applying the law of 2004 are those aimed at
awareness-raising; prevention and detection; the creation of administrative units
to deal with gender violence; and amended definitions of offences.
Author’s comments concerning the State party’s observations
7.1 The author presented her comments on the State party’s observations on
9 August 2013.
7.2 The author rejects the State party’s argument that the complaint before the
Committee is rooted in the claim of pecuniary compensation formulated on 27 April
2004, and points out that the State deliberately does not respond to the many
complaints she submitted for persecution, harassment and violence, which she
had mentioned in her claim of compensation. Those complaints were not taken
into consideration when the authorities decided to authorize unsupervised visits.
The State also does not respond to the author’s complaints concerning
continuous violence suffered by the child, also a victim of domestic violence,
with respect to whom no protection was provided by the authorities.
7.3 Contrary to what is stated by the State party, the initial communication
includes all the complaints, criminal and civil, that the author interposed from
1999 to 2003, i.e. before Andrea’s death, in addition to actions initiated after her
death. In the civil sphere, the author filed a complaint for each failure to pay
child support since March 2000, but not until 21 April 2003, three days before
Andrea’s death, did the prosecutor file charges against F.R.C. The courts also
dismissed the author’s petition to be allowed to use the family residence in light
of the non-payment of support. The first such complaint was on 24 April 2000
but the hearing did not take place until 24 April 2003, the day of Andrea’s death.
In the criminal sphere, of the more than 30 complaints filed by the author, only
one led to a misdemeanour conviction, the sentence being a fine of 45 euros.
Regarding the administrative proceeding begun after Andrea’s death, its purpose
was to address the miscarriage of justice, in the broad sense, in which both had
been involved, including the procedures for separation, custody, the visit
scheme, use of the family dwelling, non-payment of support, and complaints
regarding threats, abuse and violence.
7.4 The author disagrees with the statement of the State party that she did not
exhaust domestic remedies in regard to the acts of which she herself was the
victim. Both she and her daughter were victims of the same violence, so it is
pointless to draw distinctions between them.
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