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 4/19 15-14358

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