CEDAW/C/61/D/24/2009 violations. The State party has a duty, among other things, to introduce, develop and improve, where necessary, effective national policies against violence by ensuring the safety and protection of victims, support and assistance, adj ustment of criminal and civil law and the training of professionals confronted with violence against women in order to ensure the prevention of such violence. 7 3.3 The authors add that women and children, who are more vulnerable to becoming victims of domestic violence, are entitled to the State party’s active protection against serious breaches of their personal integrity — physical, moral and sexual — of which the authorities have or ought to have knowledge. They claim that, beyond the obligation to take action when complaints are lodged, the State party has an obligation to open an investigation whenever there are sufficient indications that serious violations may have occurred. 8 The State party’s obligation to protect women from violence involves not onl y addressing the conduct of the perpetrator but also ensuring the welfare of the victim. Essential measures for effective protection include removing the continuing risk of domestic violence, making available measures of restraint to ban perpetrators from contacting, communicating with or approaching victims and providing appropriate victim support services (including shelters, counselling and medical support). The prohibition of torture and other forms of ill-treatment requires that the authorities engage in effective investigations when persons claim to have been subjected to torture or ill-treatment and identify and punish those responsible. 9 3.4 With reference to article 1 of the Convention and the Committee’s general recommendation No. 19, the authors point out that, at the time of the events forming the basis for the complaint, the State party had no legal provisions to address domestic violence effectively. The definition of domestic violence was introduced into the State party’s legal framework only by the Prevention of Domestic Violence Act, adopted on 25 May 2006. Until then, complaints of domestic violence had been dealt with by the area police inspector on the basis of administrative rules. After considering the case at the location of the incident, the inspector would take a written declaration from the offender not to commit similar acts in future. Such declarations were not legally binding and therefore unenforceable. If a victim insisted on making an official complaint, the prosecutor’s office would act as a mediator between the spouses rather than investigate the incident and prosecute the perpetrator. The State party’s failure to enact effective legislative provisions and provide social services to protect victims of domestic violence is compounded by __________________ 7 8 9 6/19 In this connection, with reference to recommendation Rec(2002)5 of the Committee of Ministers of the Council of Europe to member States on the protection of women against violence, adopted on 30 April 2002, and to resolution 1530 (2007) of the Parliamentary Assembly of the Council of Europe, the authors note that the State party must ensure that its national law provides that any act of violence against women, in particular physical or sexual violence, constitutes a violation of that person’s physical, psychological and/or sexual freedom and integrity; must classify all forms of violence within the family as a criminal offence; and must penalize any abuse of the position of a perpetrator, in particular that of an adult vis -à-vis a child. The authors refer to the judgement of the European Court of Human Rights of 9 June 2009 in Opuz v. Turkey, application No. 33401. In this context, with reference to the judgement of the European Court of Human Rights in Opuz v. Turkey, the authors note that the finding of the Court that, in the light of the seriousness of the crimes committed against the applicant and her mother, the prosecuting authorities should have been able to conduct a prosecution as a matter of public interest even if the victims had withdrawn their complaints, is of relevance to the present communication. 15-14358