In the draft resolution, paragraph 8.3, delete the words “irrespective of the level of severity”.
In the draft resolution, replace paragraph 8.5 by the following sub-paragraph:
“in the context of legal proceedings in the area of domestic violence, ensure that temporary restraining or eviction orders can be imposed for immediate protection, to be followed, as the case may be, by more permanent measures, including ones taken in conjunction with a criminal case;”.
In the draft resolution, paragraph 8.10, after the word “substantial” add the word “, proportionate”.
In the draft resolution, paragraph 8.11, after the words “the protection orders are” add the words “available for immediate protection and are”.
In the draft resolution, after paragraph 9, insert the following paragraph:
“The Assembly calls on Council of Europe member states to identify and share best practices in preventing and combating violence against women and domestic violence, with a view to enhancing common standards in this field.”
The police should investigate and register “all cases” of alleged domestic violence, as the existing text of paragraph 8.3 rightly says. The wording “irrespective of the level of severity” gives the impression that there is a margin of discretion for the police in assessing the severity of acts of violence. Therefore the amendment proposes to delete these words.
As explained in the report, temporary restraining or eviction orders were designed to offer short-term protection to the victim and give her or him time to reflect and seek further, more long-term protection. Such temporary orders may be delivered in the framework of criminal proceedings, but not only. The victim may also institute civil proceedings (paragraphs 25-29 of the report). The amendment proposes to change the wording of paragraph 8.5, by replacing the words “to be followed by a restraining order” by the words “to be followed, as the case may be, by more permanent measures, including ones taken in conjunction with a criminal case”.
The amendment aims to align the wording of paragraph 8.10 of the draft resolution with that of Article 53, paragraph 3, of Convention 210, by adding that sanctions must also be “proportionate” (“Parties shall take the necessary legislative or other measures to ensure that breaches of restraining or protection orders issued pursuant to paragraph 1 shall be subject to effective, proportionate and dissuasive criminal or other legal sanctions”).
The amendment aims to align the wording of paragraph 8.11 of the draft resolution with that of Article 53, paragraph 1, of Convention 210, according to which states parties shall take the necessary legislative or other measures to ensure that the protection orders are “available for immediate protection”.
The amendment emphasises the need to enhance common standards in the area of preventing and combating violence against women and domestic violence, in particular through identifying and sharing best practices (see paragraph 41 of the report).