The European Court of Human Rights (ECtHR) recently held that the Northern Irish Authorities had not failed in their duty, under the European Convention on Human Rights (ECHR), to protect a woman from domestic violence.
The applicant had been assaulted by her husband who was arrested and charged with grievous bodily harm with intent and was sentenced to eighteen months imprisonment which was suspended for three years.
The applicant complained to the European Court of Human Rights (ECtHR) that the criminal proceedings were conducted without regard for her rights as a victim and that the suspended sentence was unduly lenient. She further complained that she was deprived of a right to an effective remedy under Art 13 of the Convention. Her complaints were rejected. The Court noted that although the main object of Article 8 is to prevent arbitrary state interference, there are also positive obligations on the State under Article 8 to provide an adequate legal framework which affords protection against acts of violence by individuals. The Court held that the Northern Irish authorities had not failed in their positive obligation to secure the applicants rights under Article 8 while no issue arose under Article 13 since the applicant had criminal and civil law remedies available to her.
In contrast to other domestic violence cases the Strasbourg Court had reviewed, this was not a case where the domestic authorities did nothing. The Court took into account the fact that the Northern Irish authorities had continued to press ahead with the prosecution even at a time where the applicant had withdrawn her compliant. In considering the applicants complaint regarding leniency of sentence, the Court found that the Northern Irish Judge had carefully considered the evidence and sentencing options.
The Court made it clear that its task was not to substitute itself for the competent domestic authorities but rather to review their decisions.
Click here to view the judgment.
Click here to read a UK Human Rights Blog article.
In other news, a new UK report, Picking up the Pieces, Domestic Violence and Child Contact, presents findings of research on child contact proceedings in the aftermath of domestic violence.
The report found that the Family Courts are ignoring the needs of domestic violence victims. According to the study, women are frequently placed in unsafe or intimidating positions with violent ex-partners and it was reported that 52% of women had been cross-examined by, or had to cross-examine, men who had been violent to them.
The report calls for a shift in the way victims of domestic violence are treated in court, including better special facilities, such as screens in court and separate waiting rooms. Other recommendations included more data recording from the Ministry of Justice on instances of domestic violence in the Family Courts, the flagging of domestic violence on Family Court databases and domestic violence training for all legal professionals.
The report called for an urgent review of the decision to restrict legal aid in family law cases. Maddy Coy, co-author of the report, added that legal aid “is a lifeline to many domestic violence victims who rely on it”.