CETS 210 – Violence against women and domestic violence, 11.V.2011
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available for immediate protection and without undue financial or administrative burdens
placed on the victim;
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issued for a specified period or until modified or discharged;
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where necessary, issued on an ex parte basis which has immediate effect;
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available irrespective of, or in addition to, other legal proceedings;
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allowed to be introduced in subsequent legal proceedings.
Parties shall take the necessary legislative or other measures to ensure that breaches of
restraining or protection orders issued pursuant to paragraph 1 shall be subject to effective,
proportionate and dissuasive criminal or other legal sanctions.
Article 54 – Investigations and evidence
Parties shall take the necessary legislative or other measures to ensure that, in any civil or
criminal proceedings, evidence relating to the sexual history and conduct of the victim shall be
permitted only when it is relevant and necessary.
Article 55 – Ex parte and ex officio proceedings
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Parties shall ensure that investigations into or prosecution of offences established in
accordance with Articles 35, 36, 37, 38 and 39 of this Convention shall not be wholly
dependant upon a report or complaint filed by a victim if the offence was committed in whole
or in part on its territory, and that the proceedings may continue even if the victim withdraws
her or his statement or complaint.
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Parties shall take the necessary legislative or other measures to ensure, in accordance with
the conditions provided for by their internal law, the possibility for governmental and nongovernmental organisations and domestic violence counsellors to assist and/or support
victims, at their request, during investigations and judicial proceedings concerning the
offences established in accordance with this Convention.
Article 56 – Measures of protection
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Parties shall take the necessary legislative or other measures to protect the rights and
interests of victims, including their special needs as witnesses, at all stages of investigations
and judicial proceedings, in particular by:
a
providing for their protection, as well as that of their families and witnesses, from
intimidation, retaliation and repeat victimisation;
b
ensuring that victims are informed, at least in cases where the victims and the family
might be in danger, when the perpetrator escapes or is released temporarily or
definitively;
c
informing them, under the conditions provided for by internal law, of their rights and the
services at their disposal and the follow-up given to their complaint, the charges, the
general progress of the investigation or proceedings, and their role therein, as well as the
outcome of their case;
d
enabling victims, in a manner consistent with the procedural rules of internal law, to be
heard, to supply evidence and have their views, needs and concerns presented, directly
or through an intermediary, and considered;
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