Public Defender’s Recommendation relating to Application of Warning Mechanism in Cases of Domestic Violence

On March 5, 2018, Public Defender Nino Lomjaria addressed the Ministry of Internal Affairs with a recommendation relatingtoineffective response to the cases of domestic violence.

The cases studied by the Department of Gender Equality of the Public Defender’s Office of Georgia in 2017 show that representatives of the law enforcement agencies use a warning mechanism instead of restraining orders in cases of domestic violence.

Despite the fact that the existing legal safeguards against violence do not provide for a warning mechanism, law enforcers indicate the victims’ desire to warn the offenders and not use restraining orders against them as motive for using the mechanism. This argument cannot be regarded as reasonable, as examination of the cases makes it clear that law enforcers do not explain the essence of the restraining order to the victims. Furthermore, there are no guidelines for determining the rules for inquiring and informing the victims of gender violence, which would be adjusted specifically to their situation.

The Public Defender of Georgia demands to tighten control over the use of the warning mechanism by police officers; to define guidelines for inquiring and informing the victims/affected persons of gender violence, in order to provide information on the importance of the protection and assistance measures to the victims of violence so that they do not refuse the application of the protection and assistance mechanisms.

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