Protecting or destroying principles: schism in society caused by initiative on domestic violence
Irina Volynets saw dangerous aspects in the bill to combat domestic violence, and a Kazan imam inaccurately said that Islam allows gentle “wife beating”
While the State Duma has a debate about the feasibility of introducing criminal charges for domestic violence, deputies have introduced another bill that addresses domestic violence, as they say, indirectly. It is about the introduction of liability such as warning or fine for stalking. Realnoe Vremya found out how deputies propose to protect citizens, how work on a package of documents on combating domestic violence is going and what is the basis for the opinion about its “harmfulness” among those who do not support the introduction of measures against violence in the family.
Liability for the stalker
The bill on introducing a new article into the Code of Administrative Offences of the Russian Federation implying liability for persecution as actions systematically taken by a citizen aimed at causing moral suffering to the persecuted citizen by demonstrating presence, sending messages, disseminating information about him or her (excluding actions that are criminally punishable) is proposed to be limited to punishment in the form of a warning or a fine of 2,000 rubles, if telecommunication networks are used — in the form of a fine of 3,000, and if the offense is committed repeatedly — a fine of 5,000 rubles or arrest for up to 15 days .
In an explanatory note to it, the authors of the bill refer to the experience of China where an attempt on privacy is punishable with a fine of up to 500 yuan (6,000 rubles) or detention for up to 5 days, and the USA where contact between the stalker and the victim is limited by a restraining order. In Russia, a ban can be imposed by court only on a very limited range of actions falling under articles of the Criminal Code: in the case of threats to kill, slander, illegal collection of personal data, deliberate destruction of property and hooliganism.
If the amendments are adopted, then any aggressive persecution, including through social media or messages in a messenger, can become the basis for a warning or fine and proceedings in the magistrate’s court, and victims will go to the local prosecutor’s office at the place where the offence was committed.
One step between persecution and murder
How serious the problem of domestic violence is evidenced by a fact that recently went viral in the media: Imam of Irek Mosque in Kazan Timur Kamayev said that Islam allows “beating your wife,” but carefully and only if other methods of influence are not working. Kamayev added that the “beating” is not intended to injure the woman but to “make it clear that she is doing something wrong.”
These statements were later deleted, but copies of the video in which the imam shows “sticks” suitable for such “beating” and explains how to bend the arm at the elbow have already spread on the Internet.
The Muslim community immediately condemned Timur Kamayev’s words. Deputy head of the Russian Muslim Religious Directorate Damir Mukhetdinov told reporters that wife beating is not approved in Islam and that the Muslim Religious Directorate is basically against to domestic violence. He stated that the ayah about “beating” from surah “Woman” cannot be considered out of the context, and the word “beating” must be understood in the sense of “breaking the connection”:
“Unfortunately, there is still widespread prejudice in the world, and primarily among Muslims themselves, that Islam allows or even encourages this kind of “educational measures” towards a wife. In the case of the Tatarstan imam, he obviously appeals to such attitudes of the average person and clarifies that the ayah should not be taken literally.”
Flexible method or unbearable burden on law enforcement officers?
“Now the principle ‘no body, no case’ is applied, but the crime can and should be prevented,” says Yaroslav Nilov. “We propose to adopt a flexible method; we propose that the first case of persecution be limited to a warning or a fine. It is necessary to give law enforcement agencies the opportunity to quickly respond to incoming signals.”
But Volynets considers the bill on fines for stalking itself to be excessive and dangerous. In her opinion, it will increase the number of divorces and social tension in society. The children's ombudsman believes that the protection of citizens from persecution is already provided by the Housing, Criminal and Family Codes, the Federal Law on Police and Prevention of Violations. The only question is the correct application of law. In her opinion, if this law is adopted, “the number of divorces and conflicts in families will increase significantly.”
“This topic should not be politicised”
“The Duma is discussing the problem of responsibility for domestic violence,” Yaroslav Nilov also told Realnoe Vremya. “Kazakhstan where ex-Minister of Economy Kuandyk Bishimbayev was recently convicted of murdering his common-law wife proposes to develop a package of documents not only for itself or for Russi but for all CIS countries. This topic was actively discussed by the previous State Duma, and it periodically comes up when such crimes occur.”
He emphasised that this topic should not be politicised, since it can be used as a tool to destabilise society. And he added that first we need to restore order in the area of law enforcement, give additional tools to law enforcement officers and receiving signals about such situations prevent them from end up in a crime.
“While the bill has not been submitted to the Duma, we have a certain set of proposals for adjusting the legislation. This document is currently being discussed by the government.”
The deputy noted that it is not only women and children who need protection from domestic violence; sometimes both women and children resort to violence.
“I believe that in this case it is necessary to ensure a timely response from law enforcement agencies to such signals, but abuse for the purpose of manipulation must not be allowed. Here you can go the same way as in the case of a rape complaint — once it is filed, it is no longer possible to withdraw it.”
“There is lobby for family destruction”
“My position on the bill on domestic violence remains unchanged: I am absolutely against the adoption of the document in its current version,” Commissioner for Children’s Rights in the Republic of Tatarstan Irina Volynets told Realnoe Vremya. “It contains a number of dangerous provisions that instead of protecting victims could lead to the destruction of families. The vague formulations ‘threat of harm,’ ‘property damage,’ ‘mental suffering’ are interpreted too broadly. What would be considered a ‘threat’? Is a loud voice and sudden movements enough for it? How to measure ‘mental suffering’? Such vagueness of wording opens up scope for abuse and can lead to the fact that any family conflict, any quarrel will be recognised as domestic violence.”