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Description
Ministry of Justice figures on convicts and Blue Card (Niebieskiej Karty) procedures show that the problem of domestic violence is as relevant as ever, and the measures taken for many years to remedy the problem have not had the expected results. There is still very little awareness of the causes and nature of violence of this kind, even among judges and policy-makers. The primary objective of the project is to diagnose the obstacles that for years have prevented domestic violence being eliminated, and to promulgate solutions that guarantee protection of the right to life, freedom, and personal safety, as well as just treatment of victims of domestic violence. Under the project, court watch civic monitoring of court hearings will be conducted. Almost 100 volunteers will attend 50 court hearings in the capacity of independent observers. Cases will be found using the self-help portal of Fundacja www.wokandaobywatelska.pl. The observers will collect data on how a court operates and respect for the parties'' rights in domestic violence case rulings. Action will be taken to intervene on an ongoing basis when necessary. The project will involve the largest review in Poland of records concerning 300 criminal cases under article 207 of the Criminal Code (mental and physical abuse). The project also envisages CAWI research into social attitudes toward perpetrators of abuse and detailed interviews with correctional and educational coordinators or coaches. In addition, a collection of best practices employed in other countries will be produced. On the basis of the research and findings of the observations, a report will be produced that will provide a complete picture of the situation of perpetrators and victims of domestic violence in the justice system, and the existing shortcomings in the system. The report and the best practices will be the subject of a broad range of advocacy activities.
Summary of project results
The problem of domestic violence is an ongoing issue, as shown, for example, by Ministry of Justice data on persons convicted of violence or the number of ''Blue Card'' procedures initiated. These statistics, however, do not show the real scale of the phenomenon, which has further intensified into a pandemic. Unfortunately, the remedial measures that have been taken for years are not producing the expected results, among other things due to low awareness of the specifics of gender violence, also within the justice system itself, and the lack of effective solutions guaranteeing the protection of persons experiencing domestic violence.The project involved citizen monitoring of 254 court hearings using the court watch method and a survey of 315 criminal case files. A nationwide online survey on social attitudes towards perpetrators of violence and in-depth interviews with coordinators and trainers of correctional-education programmes were also conducted. On the basis of the research and observation data, a report was produced showing comprehensively how the justice system deals with the problem of domestic violence and what the shortcomings of the system are.
As a result of the project, gaps in official statistical data (e.g. on the relationship between domestic violence perpetrators and victims) were identified and filled, a diagnosis of the functioning of the justice system in relation to the problem of domestic violence was prepared and recommendations were developed. The report identifies, inter alia, such problems as frequent cancellation of hearings, inadequate treatment of participants in hearings, secondary victimisation of victims, fictitious prosecution of perpetrators ex officio, postponement of testimony, lack of uniform practice of preventive measures, alcoholism of perpetrators ignored by courts, omission of minors as victims of violence. Numerous barriers to effective impact on perpetrators of violence were also diagnosed.
The results of the survey were publicised and disseminated so that they serve to sensitise the institutions of the judiciary to the problem of domestic violence and to change ineffective and harmful court practices, to raise the legal culture in this area and to change public awareness. In the near future, they will serve advocacy efforts aimed at amending the provisions of the Code of Criminal Procedure and issuing regulations and relevant guidelines to guarantee real protection for victims of violence.