Court Trials of Domestic Violence Cases

prosecutors and the development of their professional skills on the peculiarities of domestic and gender-based violence.

Court Trials of Domestic Violence Cases

The main and primary problem is related to the fact that the RA legislation has no separate (or special) regulations on cases of domestic violence, which means that trials of cases of domestic violence in the RA courts are conducted according to general procedure. In other words, legal provisions do not stipulate short terms for trial of cases of domestic violence and trials can go on for years while the victim’s safety might be in jeopardy. Procedures for interviewing the victims, including minors, lack consideration for their protection and safety. Moreover, there are no mechanisms to compensate the costs of the trial which fall entirely to the responsibility of the victim, which is an impediment for the victim to access justice. It is also problematic that specialists, such as the social worker and the psychologist who worked with the victim, are not allowed to participate in the trial in support of the victim.

The trials of cases of gender-based violence and domestic violence are not conducted by specialized judges, which is a mandatory requirement for effective consideration of similar cases. As a result, the respect for the principles of gender sensitivity, victim-centered approach and prohibition of secondary victimization during the civil and criminal trials are not guaranteed. The victims of violence may suffer severe psychological-emotional damage during the trial and often in exasperation drop the complaint or the lawsuit.