CEDAW/C/61/D/24/2009 3.10 The authors also note that the prosecutors, when rejecting X’s complaint, took into consideration the references of her husband as a student and businessman, i.e. outside the family. That X had a higher education diploma and that she had previously worked as a music teacher but stopped because she was looking after her children was not taken into consideration. The authors claim that, by giving preference to the husband’s education and positive assessment outside the family over those of the victim, the investigator had a subjective discriminatory attitude towards the author’s complaint and lacked impartiality. The prosecutors were focused on identifying the flaws in X’s statements, behaviour and mental health, instead of on gathering and processing evidence regarding her complaint. The authors and all other family members, except the husband/father, were negatively assessed in the prosecutors’ resolutions, which do not refer to the previous acts of domestic violence suffered by X and do not specify the need to professionally evaluate the children’s physical and psychological health. At no stage were the social services involved to help the family. The prosecutors’ failure to consider X’s claims of sexual violence against her children deprived the process of its effectiveness and meaning. Even when the complaint showed a pattern of abusive behaviour against the children, the prosecutors found this to be irrelevant. 3.11 The authors contend that the domestic violence that they suffere d over the years amounts to torture and ill-treatment and that the State party has failed to effectively prosecute those acts and to protect them. 10 With reference to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, they argue that all the necessary constituent elements of torture were present in their case: severe physical and mental pain and suffering (X indicated in her claim to the prosecutors that she was gradually losing self -esteem as a mother and housewife because of her husband’s constant criticism and insults and that she felt morally harassed; Y mentioned that she realized that her father was not caressing her as a father and that she was ashamed and afraid to stay alone with him at home because he could beat her); intent (both authors were beaten and subjected to abuse on several occasions by the husband/father who, through physical violence and intimidation, sought to exercise control over them; the failure of the police to protect them contributed to impunity for the perpetrator); and State involvement (no clear legal framework regarding protection of victims of domestic violence existed before 2006 and, even subsequent to the adoption of the law, domestic violence could sometimes be seen as a private matter). According to the authors, while the authorities were fully aware of the situation, through their inaction they tacitly contributed to encouraging the perpetrator’s violent behaviour, without interrupting the violence, offering a shelter to the victims and investigating their claims. State party’s offer for an amicable settlement and authors’ comments thereon 4.1 On 5 September 2011, the State party submitted a proposal with a view to securing an amicable settlement with the authors. The State party explains that it fully endorses the principles enshrined in the Convention. It admits that, in 2004 2005 (when the violence occurred), its legal system was harmonizing national law with the requirements of the Convention, but states that the major pri nciples of the Convention were in the meantime entirely implemented at the national level. The __________________ 10 8/19 The authors note that, while there is no exhaustive list of forms of violence that may constitute torture, the special rapporteurs on torture and violence against women and the Human Rights Committee have concluded that domestic violence may constitute a form of torture. 15-14358