16.
Latvia does not have separate comprehensive legislation on combating violence against women or
domestic violence. According to the authorities, the Criminal Law does not envisage separate liability
for violence against women and domestic violence, and these offences are qualified according to
existing criminal law provisions, for example, intentional infliction of moderate bodily injury. The
aggravating circumstances listed in Section 48 of the Law can be applied in criminal proceedings
concerning violence against women, covering inter alia situations of violence, or threats of violence
and sexual violence, committed against former or current spouses or partners.25 The officials at the
Ministry of Justice also informed the Commissioner about ongoing work to reinforce criminal liability
for domestic violence by enhancing the action of law-enforcement bodies to investigate and prosecute
a case, irrespectively of whether a victim has lodged a complaint.
17.
On 25 March 2014, following the adoption of the EU Regulation No 606/2013 on mutual recognition of
protection measures in civil matters,26 the Cabinet of Ministers adopted Regulation 161 which gives
state and municipal police officers the power to issue a decision on separation and inform the victim
about the right to apply to courts for temporary protection (restraining order). The Criminal Law was
amended to introduce sanctions for failure to comply with an adjudication regarding temporary
protection against violence. The authorities have indicated that 18 trainings had been conducted in
2014 for state and municipal police officers on the new legislation on temporary protection.
18.
The Commissioner was informed that, pursuant to the above provisions, state and municipal police
have the right to adopt a decision on separation for 8 days. According to the data provided by the
Ministry of the Interior, from 31 March 2014 until the middle of 2016 the police issued a total of 259
decisions on separation. As for court rulings granting temporary protection, there were 891 from 31
March 2014 to 31 December 2015. In 2015, 71 women and one man were placed under protection.
The Commissioner was informed that in order to enforce the new regulation, one additional staff
position was created in every police station, and 39 police officers have been recruited in total (2 men
and 37 women).
19.
In 2014 and 2015, there was a total of 25 violations of police decisions on separation and 369
violations of court decisions on temporary protection against violence. During the same two-year
period, the state police initiated 267 criminal proceedings for failure to comply with court decisions on
temporary protection on the basis of Section 1681 of the Criminal Law. During the first half of 2016,
the police initiated 96 criminal proceedings on the same basis.
20.
On 23 December 2014, the government adopted Regulation Nr 790 on social rehabilitation services for
adult victims of violence and perpetrators.27 It defines the procedure for providing services to the
victims of violence including psychosocial assistance, threat assessment and security planning,
recovery and integration. In 2015, 30 municipalities introduced a new social rehabilitation service for
victims of violence, and in the same year, such services were provided to 114 persons (109 women and
five men).28
21.
The Commissioner had an opportunity to gain first-hand information about support services for
victims of violence by visiting the Milgravis family crisis centre, which was initially opened in 2006 to
provide services to victims of domestic violence. The centre gradually broadened its scope to attend to
the needs of other vulnerable groups. At the time of the visit, it accommodated 16 persons with
children and, in addition to victims of domestic violence, included homeless persons, victims of human
trafficking, as well as a person on methadone replacement therapy. The centre received funding from
both the municipality and the state, acting as provider of services procured by each of those levels of
government. The material conditions at the centre appeared to be satisfactory and the Commissioner
25 Information submitted by the Office of Prosecutor General to the Office of the Commissioner on 31 August 2016.
26 EU Regulation No 606/2013 of the European Parliament and of the Council on mutual recognition of protection measures
in civil matters (12 June 2013) envisages protective and preventive measures including against “any form of gender-based
violence or violence in close relationships such as physical violence, harassment, sexual aggression, stalking, intimidation or
other forms of indirect coercion.”
27 The Regulation contains legal norms arising from Directive 2012/29/EU of the European Parliament and of the Council of
25 October 2012 on establishing minimum standards on the rights, support and protection of victims of crime, and
replacing Council Framework Decision 2001/220/TI.
28 Information Report on the Cases of Violence against Women and Domestic Violence: Their Prevalence and Dynamics in
2014. The Ministry of Welfare: Riga, 2016.
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