Filenews 24 October 2024
The Plenary of the Parliament approved in the afternoon a bill and a proposal for a law establishing a new category of beneficiaries of free legal aid, which includes victims of offenses of violence against women and domestic violence, as provided for in the provisions of the Law on the Prevention and Combating of Violence against Women, the Law on Domestic Violence and the Law on Violence in the Family.
AKEL's proposal for a law amends the Legal Aid Law in order to achieve more effective compliance with the spirit and letter of the Council of Europe Convention on preventing and combating violence against women and domestic violence and with the recommendations of the competent Committee of the United Nations for the Implementation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) to facilitate access for women to free legal aid, especially for economically weaker women.
Free legal aid is provided to victims of violence in proceedings before a District Court to claim compensation against the perpetrator and to victims of domestic violence for any claim before a Family Court concerning the resolution of disputes with the perpetrator and/or the issuance of any decree against him.
Based on the draft laws (law and proposal for a law), legal aid is provided in principle to a person who is a victim of an offence of violence against a woman or domestic violence in proceedings before a District Court for compensation under the provisions of the Prevention and Combating of Violence against Women and Domestic Violence and Related Matters Law, as well as in other proceedings before a District Court directly related or related to it.
Assistance is also provided for any request before a competent court concerning the issuance of any decree for the settlement of disputes with the perpetrator in relation to parental responsibility, access and maintenance of children, pursuant to the provisions of the Relations between Parents and Children Law and the exclusive use of the house, pursuant to the provisions of the Family Courts Law, as well as against the perpetrator, in accordance with the provisions of the Prevention and Combating of Violence against Women and Domestic Violence and Related Matters Law and/or the Violence in the Family (Prevention and Protection of Victims) Law.
At the same time, the consolidated text voted by the Plenum provides for the possibility of issuing a certificate for the provision of free legal aid, upon submission to the competent court of a certificate or certification issued by a competent service or organization, certifying that the victim is served by the Women's House or other accommodation place for victims of domestic violence or has made a complaint to the Police for violence against him and provided that, Due to the seriousness of the case or other circumstances of the case, it is desirable in the interest of justice to provide free legal aid to the applicant for the preparation and handling of his case.
In addition, the proposed regulations provide that, in case of an application for free legal aid in second instance proceedings, the competent court will take into account the socio-economic report of the Welfare Office prepared for the purposes of the first instance proceedings, provided that the applicant declares under oath that his financial situation has not changed, while at the same time, where exposure to the first instance procedure is not required, then it will not be required in the appeal proceedings either, if the court is satisfied that the conditions required in the first instance proceedings continue to be met.
AKEL MP Giorgos Koukoumas said that in many cases we tell victims of domestic violence to break the silence, but this becomes a dead letter if the state does not convince victims that it will be by their side with help and support.
She said that when a woman is abused, she has to leave her home and faces a mountain of costs for a court battle.
According to Mr. Koukoumas, in most cases the procedure for legal aid is rejected and with the draft law this assistance is granted without bureaucracy and other obstacles.
DISY MP Fotini Tsiridou said that we actively support victims of violence and declare zero tolerance, giving them solutions to move forward if they cannot afford it.
He added that the reform of family law will provide a better framework for dealing with the whole situation.
