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Emergency Intervention Order (EIO) Warning and
with the other officers. The victim could only distrust that the police would be responsive to her.
Judges, policemen, inspectors and other officials, in all parts of the world, have also been known to be abusers. However, Armenia does not have mechanisms or procedures to remove such individuals from investigating or judging cases of DV, as do other countries.
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Recommendation:
1. Develop mechanisms for detecting employees of law enforcement bodies who commit gender-based violence and for removing them from the system;
2. Offer punitive sanctions to any police officer who assists another against a DV victim.
Emergency Intervention Order (EIO) and Warning
Because the act of reporting an incident of DV can enrage the abuser even more, it is very important that police have ways to keep the victims and the children safe. Generally, this does not happen. According to police reports, in 2019, in 75% of the cases of reported DV, police officers issued Warnings. This is not a viable practice in cases of DV, as attested to by the procedures in other countries and by numerous publications of various international organizations. In trainings of police officers by international experts, it repeatedly was said that Warnings need to be discontinued, especially in cases of
repeated violence. Rather the police need to believe the victim and provide effective protection.
The process of response to cases of DV also needs to be expedited. Presently, once a report of a visit is filed, it may take a few days before the case is labeled as a domestic violence case and those making that judgment have not witnessed the scene of the crime nor seen the victim. During that time, the victim remains in danger. There needs to be an immediate response if the victim is to be protected and EIOs given on the spot.
Issuing an EIO is too often done arbitrarily and subjectively. The EIO requires that the abuser be removed from the house and not approach or communicate with the victim, the children and other family members for up to 20 days. Police generally take pity on the abuser and the EIO is issued for only 1 to 5 days, which gives the victim very little time to figure out what to do, plan her safety and contact a support center. Amendments to the DV law were introduced in 2019, recommending that the EIO be fixed at 20 days without the option of shortening the time.
To further aggravate the situation, the EIO is not given on the spot and the victim is asked to come to the police station for a deposition. This is an unnecessary and bureaucratic practice which does not take into consideration the safety and the well-being of the victim. Often the victim has small children and can’t leave them alone. Victims have even been asked to come to the police station in the middle of the night which is not appropriate.
In the past, a copy of the EIO was given only to the abuser. The victim was left with no document/proof for her protection. Upon insistence by the WSC, generally the victim now receives a copy of the EIO or the Warning.