YILDRIM V AUSTRIA Flashcards
CONCLUSION
The Committee notes that the State party has established a comprehensive
model to address domestic violence that includes legislation, criminal and civil-law
remedies, awareness raising, education and training, shelters, counselling for
victims of violence and work with perpetrators. However, in order for the individual woman victim of domestic violence to enjoy the practical realization of the principle of equality of men and women and of her human rights and fundamental freedoms, the political will that is expressed in the aforementioned comprehensive system of Austria must be supported by State actors, who adhere to the State party’s due diligence obligations.
In the instant case, the Committee notes the undisputed sequence of events
leading to the fatal stabbing of Fatma Yildirim, in particular that Irfan Yildirim
made continuous efforts to contact her and threatened by phone and in person to kill
her, despite an interim injunction prohibiting him from returning to the couple’s
apartment, the immediate surroundings and her workplace as well as from contacting her, and regular police interventions. The Committee also notes that Fatma Yildirim made positive and determined efforts to attempt to sever ties with her spouse and save her own life — by moving out of the apartment with her minor daughter, establishing ongoing contact with the police, seeking an injunction and giving her authorization for the prosecution of Irfan Yildirim.
The Committee considers the failure to have detained Irfan Yildirim as having
been in breach of the State party’s due diligence obligation to protect Fatma
Yildirim. Although, the State party maintains that, at that time — an arrest warrant
seemed disproportionately invasive, the Committee is of the view, as expressed in
its views on another communication on domestic violence that the perpetrator’s
rights cannot supersede women’s human rights to life and to physical and mental
integrity.
(a) Strengthen 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;
(b) Vigilantly and in a speedy manner prosecute perpetrators of domestic violence
in order to convey to offenders and the public that society condemns domestic violence as well as ensure that criminal and civil remedies are utilized in cases where the
perpetrator in a domestic violence situation poses a dangerous threat to the victim and also 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;
(c) Ensure enhanced coordination among law enforcement and judicial officers,
and also ensure that all levels of the criminal justice system (police, public prosecutors,
judges) routinely cooperate with non-governmental organizations that work to protect and support women victims of gender-based violence;
(d) Strengthen training programmes and education on domestic violence for
judges, lawyers and law enforcement officials, including on the Convention on the Elimination of All Forms of Discrimination against Women, general recommendation 19 of the Committee, and the Optional Protocol thereto.
