Domestic violence: The Judiciary in Portugal applies “Mild and disproportionate sanctions”

One reportpublished on Monday of the group of independent experts of the Council of Europe on the implementation of the Convention of Istanbul (Grevio) acknowledges that Portugal made “significant progress”In recent years in the application of concrete measures to combat violence against women.

However, certain areas were identified in which they are “Urgent actions necessary” To fully comply with the International Convention that regulates prevention and the fight against violence against women and domestic violence.

Experts ask the Portuguese authorities to adopt most measures and indicate the “priority” the question of “Mild and disproportionate sanctions issued by the Judiciaryparticularly regarding domestic and sexual violence. “

“To solve this problem, Greeo urges the authorities to introduce an initial and continuous training for the members of the judicial system over all forms of violence against women covered by the Convention,” says the document.

In terms of Judiciary, experts argue that it is also necessary to “combat the Patriarchal attitudes still present in some members of the judicial systemthat favor the protection of family unit to the detriment of the rights of victims. “And add that” so -so -scalled parental alienation syndrome should not be used in family processes with a history of domestic violence. “

Regarding specialized support services, Greevio states that Portugal does not yet have a National telephone line dedicated to women victims Of all the forms of violence that operates 24 hours a day, seven days a week.

They are still necessary More vacancies for families in shelter housesSince the requirements of the Convention point to “one place for one family for every 10,000 inhabitants”, as well as increase the global availability of specialized support services in the medium and long term for women victims.

The group of experts asks the national authorities to eliminate the requirement that the conditions access a shelter at a house for violence and to eliminate the imposition of a The violation must be reported to the authorities within six to twelve months after crime “as a previous condition for the opening of an investigation.”

“Finally, Greeio considers that it is also urgent to review the emergency prohibition systems and protection orders,” taking into account that, currently, emergency prohibition orders take 48 hours to be obtained and can only be issued by a judge under the ongoing criminal procedures, a system that, according to experts, “according to experts,” according to experts, “according to experts,” according to experts, “according to experts,” according to experts, “according to experts. According to experts, “according to experts.”It does not offer immediate protection to victims“

The concerns of the breeding are echoing recent cases

The alerts of the group of experts who accompany the implementation of the Istanbul Convention on the Judiciary can be understood in the light of the recent episodes that have reached public, with complaints presented about the conduct of the judges in cases that involve domestic violence.

This is the case of the Mafra Family Court that complained. Worried will be a judge who will allegedly have ignored evidence and certain alternative residences in situations of conflict and violencenamely, in processes of custody and parental responsibility.

The judge in question will have forced “relations between mothers and allegedly aggressors, imposing family therapies,” He wrote CNN Portugal in January this year.

A judge of the Local Criminal Court of Santarém was also accused by three colleagues from the Court of Appeals of Évora de fabric prejudiced comments and to blame a victim of domestic violence in a trial in which he acquitted the aggressor, revealed Jn in early May.

The decision was reversed by the Court of Appeals. The defendant was sentenced to a suspended sentence of two years and four months and the payment of compensation of 1,500 euros to the victim.

Another case that also generated controversy has to do with a ruling from the port of Porto, in October 2017, in which Judge Rasturur, Neto de Moura, censored the victim of domestic violence for being unfaithful.

In the trial, the The magistrate cited the Bible and the Criminal Code of 1886 to justify violence over women. “The adultery of women is a very serious attack against the honor and dignity of men. There are societies where the adulterous woman attaches to death. In the Bible, we can read that the adulteress woman must be punished with death,” Nieto de Moura wrote at that time in prayer.

Also in 2023, a judge of the amateur court responsible for a case of domestic violence, in which the crime of crime of physical integrity was demonstrated, decided to provisionally suspend the process and Forcing the aggressor to make a “playful walk” with the victim And take it to dinner, concerts, shows and theater.

Violence against women also worries in Europe

Around 50 million Women throughout the European Union continue to be victims of high levels of sexual and physical violence at home, at work and in public.

In the neighbor SpainIn 2024, 34,684 women were victims of domestic violence or gender, 5.2% less than in 2023, but the The convicted aggressors increased to 39,056Registration since 2015.

With respect to the victim’s list with the author in 2024, 39.9% were partners or former partners, 37.8% of brides or ex -girlfriends, 21.4% spouse or former spouse and 1.0% were in the process of separation.

Em ItalyThe numbers are also worrisome, with the National Observatory not a minor to report 27 females from the beginning of the year.

In addition, there are at least another 21 femicide attempts reported in national and local press reports and at least one infanticide of a child murdered by his father.

Statistics on domestic violence in Germany Also show an increase in the number of cases registered by the Police in 2024. The number of victims of domestic violence increased by 6.5% for more than 256 thousand. Most were women.

More than 167,000 people were victims of violence by intimate couple, an increase of 9.1% compared to 2022.