Parliament debates tougher penalties for domestic violence, expanded victim protection

Zaruhi Batoyan, a member of parliament from the ruling Civil Contract party, has drafted a bill proposing stricter penalties for domestic and family violence, the abolition of warnings as a protective measure, and expanded safeguards for victims.

Batoyan presented the package of legislative amendments in the National Assembly.

“The purpose of adopting the package of bills is to improve the effectiveness of protection for victims of domestic and family violence and ensure a more victim-centered investigation of cases,” she said.

Batoyan said the warning should be abolished because it does not provide effective protection or impose restrictions, but merely involves a police officer warning the perpetrator.

The package also proposes expanding the scope of cases in which participation in rehabilitation programs is mandatory.

“We are making it mandatory for perpetrators to undergo rehabilitation programs not only when a court issues a protective order, but also when a police officer issues an emergency intervention order,” Batoyan said.

An emergency intervention order would also be issued if a person had been subjected to violence more than once in the preceding year. Police officers responding to reports of violence would be required to use portable audio-video recording or photographic equipment while exercising their powers.

The proposed amendments would also expand the definition of physical violence to include depriving a person of assistive devices or aids.

Amendments to the Criminal Code would introduce harsher penalties for crimes against persons committed within family and domestic relationships. The definitions of physical and psychological abuse committed by a family member would also be expanded.

“We propose ruling out exemption from criminal liability on the grounds of genuine remorse in cases of domestic and family violence. We also propose stipulating in the Criminal Procedure Code of the Republic of Armenia that criminal prosecution for offenses involving domestic and family violence be conducted through public prosecution, regardless of whether the prosecutor initiates it,” Batoyan said.

According to Batoyan, electronic means could be used to monitor compliance with restrictions on approaching or contacting a protected person.

The package also proposes prohibiting house arrest for an accused person who lives with the victim if it is impossible to ensure that either of them resides elsewhere during the proceedings.

A separate amendment concerns the procedure for questioning victims.

“We stipulate that, as a rule, a victim in proceedings concerning an offense involving domestic and family violence is questioned only once. The victim may refuse additional questioning, except where it is necessary to clarify circumstances that became known to the body conducting the proceedings after the initial questioning,” Batoyan said.