Sahide Goekce was a victim of continued domestic violence and was ultimately shot and killed by her husband Mustafa Goekce, while her children were present. Prior to her death, her husband had made numerous threats to kill his wife Sahide. These threats were known by the local authorities. Moreover, Mustafa owned a handgun which the police were also aware of. In the wake of her death Sahide's family complained that Sahide was a victim of a violation of the State (Austria) because it didn't follow up with all appropriate measures to protect Sahide.
Legal Issue:
Considering Austria is a member of CEDAW, did they violate Articles 1, 2, 3 and 5 of the convention?
Decision:
The Committee opined that there was no effective remedy provided in Austrian law, and therefore deemed the complaint admissible. It found a violation of the rights of the deceased Şahide Goekce to life and physical and mental integrity under article 2(a) and (c) through (f), and article 3 of the Convention read in conjunction with article 1 of the Convention and general recommendation 19 of the Committee. It considered that given the combination of factors, the police knew or should have known that Şahide Goekce was in serious danger, in particular because Mustafa Goekce had shown that he had the potential to be a very dangerous and violent criminal, and therefore considered that the police were accountable for failing to exercise due diligence to protect Şahide Goekce. The Committee noted that the authors also made claims that articles 1 and 5 of the Convention were violated by the State party but was of the view that the submissions of the authors of the communication and the State party did not warrant further findings. It made a number of recommendations to the State party including:
• strengthening the implementation and monitoring of the Federal Act for the Protection against Violence within the Family and related criminal law by acting with due diligence to prevent and respond to such violence against women and adequately providing for sanctions for the failure to do so;
3
• vigilantly and swiftly prosecuting perpetrators of domestic violence;
• ensure that in all action taken to protect women from violence, due consideration is given to the safety of women, emphasizing that the perpetrator’s rights cannot supersede women’s human rights to life and to physical and mental integrity;
• ensure enhanced coordination among law enforcement and judicial officers and also ensure that all levels of the criminal justice system routinely co-operate with non-governmental organizations that work to protect and support women victims of gender-based violence;
• and strengthen training programs and education on domestic violence for judges, lawyers and law enforcement officials.
Post by Nicholas
http://www.equalrightstrust.org/ertdocumentbank/ahide%20Goekce%20_deceased_%20v.%20Austria.pdf
No comments:
Post a Comment