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Armenia’s Minister of Internal Affairs Arpine Sargsyan said proposed legislative amendments are intended to close gaps in the law that can prevent domestic violence cases from proceeding.
Sargsyan said at a press briefing that the current legislation provides for mechanisms under which the further progress of proceedings may depend on the victim’s complaint or on the prosecutor’s broad discretion, depending on how the offense is classified.
In domestic violence cases, the prosecutor has discretion to decide whether to continue proceedings under the public prosecution procedure.
Sargsyan noted that, in addition, the current legislation does not provide for exceptions to the application of the provisions on genuine remorse and reconciliation procedures in domestic violence cases.
Taken together, these provisions place the main burden on the victim to prove the violence they have suffered or to ensure that proceedings continue. According to the minister, the proposed package of amendments is intended to ensure that the continuation of proceedings does not depend on the victim’s complaint or the prosecutor’s discretion, and that the process of determining liability can proceed.
Addressing concerns that the amendments could lead to abuse or unfounded reports, Sargsyan noted that, even under the current Criminal Code, it is theoretically possible to file an unfounded report against a person.
In this regard, it is important that the law clearly define the offense and that the bodies conducting the proceedings assess the situation and the factual circumstances.
The minister emphasized that the rules governing the initiation and continuation of proceedings do not mean that law enforcement authorities will act on every report without verifying its validity.
The full range of criminal procedure mechanisms will remain in place. If it is established that someone has provided false information about another person to the body conducting the proceedings, the matter will also be considered in terms of liability for making a false accusation.
At the same time, Minister Sargsyan stressed the importance of considering the bill from the perspective of domestic violence victims. According to her, victims sometimes find the courage to turn to law enforcement authorities only after the fifth or sixth incident of violence. However, when the prosecutor has discretion over whether to proceed, or when reconciliation with the victim or withdrawal of the complaint is possible, proceedings may not continue, leaving the victim trapped in the same cycle of violence once again.
According to the minister, the aim of the bill is to establish a clear and consistent response mechanism so that, whenever an incident of violence occurs, its investigation continues.