Cases relating to domestic violence are heard before different courts, with a more private and specialised ambience provided in the Court of Magistrates as the Court of Criminal Judicature, which hears domestic violence cases of a less grievous nature.
In the course of recent events and discussions about domestic violence, one of the proposals Nisa Laburisti (NL) put forward to the Justice Minister was to have more specialised and coordinated court structures in the area. The sensitivity of these cases merits special powers being given to the presiding magistrate or judge, which powers could possibly include competence to decide ancillary issues.
The problem of the accused failing to appear in court despite notification was also discussed. In this regard, it would be opportune to analyse foreign models, including the Italian model, relating to cases heard in absentia.
In analysing the possibility of improving our systems, it is essential to place a continuous emphasis on ensuring that the victim is protected, that justice is facilitated and that the aggressor is reformed. Such an approach would be in line with that specified in the recently launched Gender-Based Violence and Domestic Violence Strategy and Action Plan, which views domestic violence “as a societal concern, where perpetrators are reformed while victims are assisted to restore their lives and dignity as quickly as possible”.
Due to fear of the perpetrator finding the victim more easily in an island the size of Gozo, it can be more difficult for domestic violence victims in Gozo to file a report
In this context, it would be considered a positive step if protection orders were more frequently accompanied by treatment orders. Attention to the delivery and development of training and a set of standard operating procedures among professionals working in the field, with regard to both victims and perpetrators, is also essential.
In discussions with Justice Minister Owen Bonnici and with Equality Minister Helena Dalli and Home Affairs Minister Michael Farrugia, to whom we also presented proposals, reference was made to the importance of having more coordinated and realistic statistics on cases of domestic violence.
Although statistics do not reflect the whole reality, they do give us an indication of the situation, which may vary in different parts of the Maltese islands. Thus, for example, from my conversations with professionals in the field I can confirm that due to stigma and due to fear of the perpetrator finding the victim more easily in an island the size of Gozo, it can be more difficult for domestic violence victims in Gozo to file a report. In this regard, during its meeting with Minister Dalli, NL expressed the need to incorporate a better analysis and study of the Gozo situation in the Action Plan.
NL welcomed the news given by Minister Farrugia that a number of police stations will be modernised to include adequate facilities where victims can be heard in a more private setting. NL also suggested the creation of child-friendly rooms in the police stations which could be used when children are handed over from one parent to the other for access purposes.
The importance of response teams made up of trained professionals coming from different disciplines was also discussed.
While welcoming the proposed Gender-Based Violence and Domestic Violence Bill, which will implement the Istanbul Convention and even go beyond, we need to be constantly thinking about how the State can continue to improve its services, systems and structures to assist victims and help in the treatment of aggressors.
The problems, causes and effects and the existing and the soon-to-be legal framework are well known. Further solutions, better enforcement and the strengthening of the four pillars of prevention, protection, prosecution and integrated policies (Istanbul Convention and Action Plan) should be relentlessly pursued.
Apart from having an adequate legal and prosecution framework, a ‘safe’ environment that encourages people to come forward to make a report, sufficient protection and monitoring of the victim and rehabilitation of the perpetrator are all important.
Dr Josianne Cutajar is the chairperson of Nisa Laburisti (Gozo).