CEDAW/C/61/D/24/2009
Violence suffered by Y
2.7 X explains that, in 1993, she realized that her husband had begun to engage in
inappropriate behaviour with Y. Her mother, who moved into the family flat in
1993, observed that the father used to play with his daughter while holding his
hands between her legs, on her genitals. When the daughter was about 2 years of
age, the grandmother saw the husband holding his daughter on his lap with his hand
on her genitals; his face was red, he was groaning and did not notice that he was
being observed. Outraged, the grandmother challenged the husband about his
behaviour and took the child away.
2.8 Y was also often beaten by her father. He once beat her with a bat, which
broke, leaving her with serious injuries.
2.9 On 16 June 2004, X reported to the District Prosecutor’s Office the sexual
abuse of Y by the father. In front of a psychologist, she described the incidents
involving physical and sexual abuse committed during the previous five years by
him, the constant conflict at home and the tense atmosphere among family members
as a result of the father’s actions. Statements were also taken from the son, T.
(describing incidents of his father beating or molesting him and h is sister) and from
X’s mother. The statements notwithstanding, the District Prosecutor’s Office
decided on 30 June not to open a criminal case.
Exhaustion of domestic remedies
2.10 With regard to the exhaustion of domestic remedies, X recalls having
complained on several occasions of being physically assaulted by her husband. The
local police inspector visited the family home on a number of occasions, spoke to
her husband and made him sign pledges that he would stop behaving violently
towards his wife and children. No further action was taken by the police inspector
and no charges were pressed against the husband. In particular, following the
incident of 23 December 2001 when her husband physically assaulted her, she was
issued with a medical report that showed that she had suffered light bodily harm. 2
Consequently, an initial investigation was carried out by the District Prosecutor’s
Office. Both X and her husband gave statements and a police officer confirmed in
writing that X had been beaten by her husband on 23 December. On 26 December,
under pressure from her husband, X withdrew her complaint, causing the case to be
closed on 28 December. On 15 July 2004, X reported to the police another assault
that had occurred on 14 July; her injuries had been q ualified as light bodily harm. At
the police station, the husband again pledged in writing that in future he would not
use violence against her. The police officers talked to X and sought to persuade her
to withdraw her complaint. In the meantime, on 24 July, she received a letter in
which it was stated that the Office would not open a criminal investigation on the
basis of her complaint against her husband, without giving a reason.
2.11 X further explains that she also complained to the police about the physical
violence that her husband was repeatedly inflicting on their children, including on Y.
Her complaints, however, were viewed as a private matter and not investigated. On
16 June 2004, she reported the physical and sexual abuse of her daughter and of one of
her sons, describing the incidents committed by her husband, including past incidents.
Statements were also taken in that context by the District Prosecutor’s Office from X’s
mother, Y and the husband. On 30 June, the Office refused to open a crimi nal
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