On Ineffectiveness of a Signed Statement in Domestic Violence Cases
The Public Defender addressed the Minister of Internal Affairs to assume personal control over the issue of application of legal mechanisms by persons authorized to respond to cases of domestic violence in order to ensure protection of victims and prevention of repeat of domestic violence cases. He also called for authorized persons to be once again reminded of sensitivity of the issue so that every measure is taken to stop alarming tendency of domestic violence in Georgia.
Despite repeated calls that while responding to an alleged fact of domestic violence law enforcers should exercise all measures envisaged by the law, some cases examined by the Public Defender reveal that writing/signing of a statement on non-repeat of an act of violence is still being employed. While legal mechanisms envisaged for protection from violence do not even include such form of response and it is just part of the established practice which is completely ineffective.
Results of the study conducted by the Public Defender reveal that a signed statement does not provide effective protection for a victim since it does not have legal consequences while on the other hand, restriction order does have such consequences. Also, the statement does not ensure prevention of repeat of an act of violence or, in case of fait accompli, bringing an offender to responsibility.