CETS 210 – Violence against women and domestic violence, 11.V.2011
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Chapter VI – Investigation, prosecution, procedural law and protective measures
Article 49 – General obligations
1
Parties shall take the necessary legislative or other measures to ensure that investigations
and judicial proceedings in relation to all forms of violence covered by the scope of this
Convention are carried out without undue delay while taking into consideration the rights of
the victim during all stages of the criminal proceedings.
2
Parties shall take the necessary legislative or other measures, in conformity with the
fundamental principles of human rights and having regard to the gendered understanding of
violence, to ensure the effective investigation and prosecution of offences established in
accordance with this Convention.
Article 50 – Immediate response, prevention and protection
1
Parties shall take the necessary legislative or other measures to ensure that the responsible
law enforcement agencies respond to all forms of violence covered by the scope of this
Convention promptly and appropriately by offering adequate and immediate protection to
victims.
2
Parties shall take the necessary legislative or other measures to ensure that the responsible
law enforcement agencies engage promptly and appropriately in the prevention and
protection against all forms of violence covered by the scope of this Convention, including the
employment of preventive operational measures and the collection of evidence.
Article 51 – Risk assessment and risk management
1
Parties shall take the necessary legislative or other measures to ensure that an assessment
of the lethality risk, the seriousness of the situation and the risk of repeated violence is carried
out by all relevant authorities in order to manage the risk and if necessary to provide coordinated safety and support.
2
Parties shall take the necessary legislative or other measures to ensure that the assessment
referred to in paragraph 1 duly takes into account, at all stages of the investigation and
application of protective measures, the fact that perpetrators of acts of violence covered by
the scope of this Convention possess or have access to firearms.
Article 52 – Emergency barring orders
Parties shall take the necessary legislative or other measures to ensure that the competent
authorities are granted the power to order, in situations of immediate danger, a perpetrator of
domestic violence to vacate the residence of the victim or person at risk for a sufficient period
of time and to prohibit the perpetrator from entering the residence of or contacting the victim
or person at risk. Measures taken pursuant to this article shall give priority to the safety of
victims or persons at risk.
Article 53 – Restraining or protection orders
1
Parties shall take the necessary legislative or other measures to ensure that appropriate
restraining or protection orders are available to victims of all forms of violence covered by the
scope of this Convention.
2
Parties shall take the necessary legislative or other measures to ensure that the restraining or
protection orders referred to in paragraph 1 are:
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