What is domestic violence? - ANALYSIS

Domestic violence is again on the agenda of social media and the press. Unfortunately, the criminal chronicle contains information about cases of domestic violence. Recently, information, videos and photos written by the victims themselves and their friends about such cases have attracted more attention on social networks. The facts of domestic violence, which were previously tried to hide more based on mental values ​​and discussed among family members, relatives and acquaintances, are now widely discussed and publicized on social networks, and in many cases can become one of the main topics on the country's agenda.
The fact is that domestic violence against men, women and children poses a threat to human rights and calls into question the protection of constitutional rights and freedoms.
Several incidents of domestic violence in neighboring Turkey were even remembered by the ongoing protests of non-governmental organizations. Celebrities are also common among victims of domestic violence. For example, some time ago in Turkey, singer Sila Ganjoglu filed a lawsuit claiming that she was beaten by her boyfriend.
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The Constitution states that the family, as the core of society, is under the special protection of the state. It is the parents' responsibility to care for and raise their children. The state controls the fulfillment of this duty.
At the same time, it should be taken into account that the exercise of parental rights against the interests of children is unacceptable. While exercising parental rights, the moral development, physical and mental health of children must not be compromised. In the upbringing of children, their exploitation, humiliation, degradation, cruelty, rudeness, indifference should not be allowed.
Usually, family conflicts are described by society as "violence against women", "beating of children", and "marital disputes". However, it must be unequivocally accepted that domestic violence is not a domestic issue.
What does the law say?
The Law on Domestic Violence, adopted in Azerbaijan in 2010, defines these behaviors as "intentional physical or moral harm of one person to another by abusing close kinship, cohabitation or previous cohabitation."
As the law shows, victims of domestic violence can be not only women and children, but also men. Depending on the degree of injury to victims of domestic violence, the other party may be held criminally or administratively liable.
According to the Criminal Code, according to the degree of injury to victims of domestic violence, the perpetrators were charged with 125 (bringing to the point of suicide), 128 (intentional minor injury), 127 (intentional minor injury), 126 (intentional minor injury). infliction of grievous bodily harm), 120th (Intentional homicide) 124th (Negligent homicide), 131st (Negligent grievous bodily harm) 133rd (Torture) 134th (By killing or inflicting grievous bodily harm) threats) and other charges.
Article 158 of the Code of Administrative Offenses is specialized and applies only in violation of the legislation on the prevention of domestic violence. According to this article, the application of illegal economic restrictions on a domestic basis, ie deprivation of property, income owned, disposed or used by another person, creation and maintenance of economic dependence and abuse of this situation is punishable by a fine of 100 to 300 manat. . In the second paragraph of the same article, a fine of 300 to 500 manat shall be imposed for domestic violence, ie intentional mental pressure on another person or the creation of intolerable mental conditions.
The article also mentions the prosecution of non-governmental organizations that provide assistance to victims without accreditation.
If the perpetrator of domestic violence has no criminal elements, but the rights of the victim have been violated, the person may be warned in writing not to repeat the same or similar actions, and the victim may be issued a short-term protection order.
What is a security order and in what cases is it applied?
A protection order is an act restricting the actions that a perpetrator of domestic violence can take against a victim. This order protects victims of domestic violence.
Within 24 hours of the victim's application, he notifies the perpetrator of the violence and immediately issues a short-term protection order to the victim for up to 30 days.
A short-term protection order may prohibit a person who has committed violence from committing it again, from searching for a victim, or from committing other acts of concern to the person.

Failure of the perpetrator to comply with the requirements of the warning or short-term protection order shall be grounds for issuing a long-term protection order.
The long-term protection order specifies the rules of communication of the perpetrator with minors, the rules of use of living space or joint property, the conditions for the perpetrator to reimburse the costs of providing medical and legal assistance to the victim. It also explains that a person who does not comply with the requirements of the protection order will be prosecuted in accordance with the law.
To obtain a short-term warrant, the victim must apply to the executive branch. Such appeals are currently being investigated by a local monitoring group of the State Committee for Family, Women and Children.
According to Article 355-1 of the Code of Civil Procedure, a victim may apply to the court of the place of residence to obtain a long-term protection order. Within 3 days after the application is submitted, the court shall consider the application. Long-term protection order is issued for 30-180 days. The case for the issuance of this order may be considered in closed court to prevent the disclosure of personal and family secrets and to ensure the interests of children.
The court decision on the issuance of the order shall be immediately enforced and the period shall be calculated from that time. An appeal against the decision does not suspend the execution.
What else can be done?
What additions or changes can be made to the legislation to prevent domestic violence?
It would be expedient to add the article “Committing a crime in connection with domestic violence” to Article 61 of the Criminal Code (CC) (aggravating circumstances). At the same time, 125th (Deliberate infliction of minor harm to health), 127th (Intentional infliction of minor harm to health), 126th (Intentional infliction of grievous bodily harm) involving domestic violence 120 (Intentional homicide) 124 (Negligent homicide), 131 (Negligent grievous bodily harm) 133 (Torture) 134 (Threatening to kill or inflict grievous bodily harm) and other aggravating circumstances "Committed in connection with domestic violence or against family members and the rules of cohabitation" may be added.
At present, protection orders are rarely obtained. Victims should be made aware of the need to apply for this warrant in order to deter perpetrators of domestic violence, and awareness-raising activities should be conducted.
In addition, in addition to physical violence, it is necessary to clarify the scope of mental violence, to conduct more effective compulsory psychological and psychiatric examinations of victims, and to determine whether a person is aware of mental abuse.

Shamil Pashayev
Lawyer