Violence against Women – Hard Heritage for Generations

Aleko Tskitishvili 

Level of violence against women has become very alarming. Absolute majority of violence facts happen in the families and sometimes end lethally – women are either killed or badly wounded by husbands or partners. More and more facts happen every year that is caused, as experts say, by ineffective reaction to violence facts from law enforcement officers, loyal and faulty legislation, insufficient number of shelters, etc. The state cannot give adequate guarantees of protection to the violence victims. 

On July 28, in the conference hall of Human Rights House Tbilisi, Human Rights Center organized a round table “Domestic Violence/Femicide – Problem Analysis and Search of Solution”. Representatives of nongovernmental organizations, embassies, media organizations, political parties and state institutions participated in the round table. The lawyers of Human Rights Center reviewed and analyzed the cases of violence against women and femicide facts, which are processed by them. 

Lawyers of Human Rights Center defend the rights of domestic violence victim women in the frame of the project “Support to the Defense of Rights of Women, Ethnic and Religious Minorities in the Regions of Georgia”. The project aims to promote access of vulnerable groups of society, women, religious and ethnic minorities to the justice in the regions of Georgia namely in Kvemo Kartli and Kakheti regions. Victims of domestic violence are one of the main target groups of the project. Human Rights Center assists the women, who are victims of violence or gender-based discrimination. With strategic litigation the problems of victimized women are advocated through active cooperation. In case of necessity Human Rights Center will represent beneficiaries before the European Court of Human Rights. The project is implemented in the frame of the program of East West Management Institute (EWMI) Promotion Rule of Law in Georgia (PROLoG) with financial support of the USAID. 

Head of the legal aid service at Human Rights Center Tamar Avaliani named inadequate and indifferent attitude of police officers to the domestic violence facts as one of the main triggers of the femicide. She said 20-years-old woman would not have been killed in Ponitchala, Tbilisi short time ago, if the police had adequately assessed the threat and had arrested the aggressor husband for threatening the wife with murder.  Although the aggressor had pledged to kill the wife, the police just took written promise from him that he would not bother the woman. At night the aggressor went back and killed the wife in presence of her under-age brother. 

Tamar Avaliani said incorrect qualification of the crimes at the stage of investigation is a problem. For example, investigation was launched under article 108 of the Criminal Code of Georgia into the Poinitchala murder case though there are clear signs of multiple grave crimes (ex. The murder happened in the presence of underage boy) and the investigation must be launched under Article 109 of the CCG.

Lawyer of Human Rights Center’s Kvemo Kartli office Tamar Lukava said there is no shelter for the victims of domestic violence in Kvemo Kartli region though number of domestic violence facts is one of the highest in the region. Tamar Lukava defends rights of domestic violence victim who is former police officer. Although the husband systematically abused her, the woman had not applied to police for help because as a former police officer she knew that protective mechanisms are not effective. The victim women, who apply Human Rights Center for consultations, often refuse to lodge applications against aggressors because they know they can get shelter for maximum 1 year and then will have to return back to the family.

At the round table, MP Ani Mirotadze from the parliamentary fraction National Forum said the Parliament have adopted several laws to eradicate the domestic violence problem in the country; however the reality shows that it was not enough. Together with opening new shelters, the state need to create employment programs for the victims so that they had their income and possibility to live independently. In similar cases, the state will offer more guarantees to the victims and they will no longer be afraid to speak against violence. 

Representative of the European Center for Minority Issues Elene Proshikyan, who also participates in the Human Rights Center’s project, spoke about large scale domestic violence in the Roma community. She said every third woman and almost every child in the Roma community is victim of domestic violence. Regardless the fact the Roma keep silence because they do not trust the state and are not sure that law enforcement bodies will protect them from violence.

Lawyer of the Tolerance and Diversity Institute Shota Tutberidze said the police officers, who arrive at the site of domestic violence, shall take the aggressor to the detention setting instead the victim women, who are taken to shelters, from where they will finally go back to the aggressor husbands. The state shall have immediate and adequate reaction to similar facts and relevant legislative base should be created.

Representative of the Georgian Young Lawyers’ Association Tamar Dekanosidze said one of the methods to fight against inactivity of police officers is to start court procedures against them. She said each case, which are processed by NGOs, may become precedential and transitional. The GYLA appealed the court and requested punishment of police officers that was satisfied by the court. The police appealed the decision at the Appeal Court that means the state refuses to admit mistakes and crimes.

Psychologist from the organization “House” Lela Museridze thinks insufficient number of rehabilitation programs for victims is particular problem. She said the trauma from domestic violence is passed on generations and violence becomes a genetic problem. A woman, who canes her son, was herself victim of violence in the past. Now, she passes the aggression on her son, who later himself will become an aggressor.

Representative of the State Fund Indira Robakidze said the state-owned shelters are open for every victim women, though they should hold the status of domestic violence victim. The women can stay in the shelter for maximum 1 year. In near future the Fund plans to open crisis shelters, where any woman can be placed even if she does not yet hold the status.

Tamta Ashordia from the organization Identoba said the problems of LGBT community are more grave and complex. Transgender women often become victims of aggression and violence from the village population. Sometimes they are attacked by groups of people in fact because of their sexual orientation.

Generally it is believed that violence is caused by hard social problems and poverty that triggers aggression in the families. However, the discussion participants had different opinions and said that social problems are not main triggers and the fact that mostly women become victims of violence and femicide is caused by cultural and mental factors, stereotypes in the society when people believe that a woman shall obey the orders of men (husband, father, brother or son). The allegation is not groundless because if the domestic violence cases were caused by hard social situation, absolute majority of victims would not have been only women.