Surges in claims of domestic violence in Russia during the ongoing Covid-19 pandemic have shone a light on the weak state response to domestic abuse in the country. Indicative of the extent of the challenge is that the antiquated phrase “If he beats you, he loves you”, is still frequently used in Russia.
The number of reported incidents of domestic violence in Russia has risen from 6,000 in March 2020 to 13,000 in April alone, according to the Russian Human Rights Commissioner, Tatyana Moskalkova. The women’s crisis network Ty Ne Odna (You’re not alone) reported 2,038 calls for help in May 2020, compared to their usual average of 500 to 700 calls per month. Despite these published figures from non-governmental organisations and women’s support groups, the Russian Interior Ministry has stated that violent domestic crimes have reduced by 16.4 percent this year. These contradictory portrayals expose the ongoing dispute between traditional conservatism and women’s rights in Russia.
The movement of social conservatism has led to a significant rise in the Russian Orthodox Church’s influence in Russian politics and society. Patriarchal archetypes have become more prevalent, with an increased focus on “traditional” family values and subsequent non-interference by the state in so-called “family matters”, including domestic violence. Domestic violence does not exist as an offence in Russian law, so is not legally defined. Further, without protection orders for victims of abuse, lockdown has left many Russian women trapped with their abusers.
NOT A CRIME WITHOUT HOSPITALISATION
In February 2017, public outcry erupted following the Russian parliament’s decision to adopt legislation which became known as the “slapping law”. It decriminalised a first offence of battery within the confines of a family home, downgrading it to an administrative offence, resulting in a mere fine. If the victim is not in need of hospitalisation after the incident, no crime has been committed. Any proceedings would have to be through a private prosecution, engendering a financial burden, in addition to an evidential one. Only cases of repeated battery remain criminally punishable.
However, this regressive step in human rights has not gone unnoticed by the international community. In July 2019, Valeriya Volodina, a Russian domestic abuse victim, brought her case to the European Court of Human Rights (ECHR). She had suffered years of relentless physical and psychological abuse from her previous partner, with one attack forcing her to undergo an abortion after being punched in the stomach whilst pregnant. Despite numerous formal complaints, a criminal investigation was never pursued by Russian authorities.
In this landmark decision, the ECHR unanimously held that there had been a violation of Article 3 of the European Convention on Human Rights (prohibition of inhuman or degrading treatment) and also a violation of Article 14(prohibition of discrimination). It was ruled that Russia must pay 20,000 Euros in compensation to the victim. The Court asserted Russia’s domestic violence legislation to be “manifestly inadequate”, stating that failure to adopt specific legislation or protection orders demonstrated a “reluctance to acknowledge the seriousness and extent of the problem of domestic violence”.
In addition to individual justice, it is hoped that the ruling will bring further ramifications. The Court communicated to Russia that it will also be looking into four other cases concerning domestic violence, which may result in an adoption of the pilot judgment procedure. A pilot judgment procedure identifies repetitive cases with the same root issue. If the Court finds further cases with similar systemic issues, it could result in the ECHR “freezing” any related cases for a period of time under the condition that the Government acts swiftly in adopting necessary measures to satisfy the Court’s judgment. If imposed, Russia would be obliged to adopt legal and policy reform to prevent further future violations.
However, despite this potential interference from the international community, the Russian Ministry of Justice have defended their position, stating there is “no need” for specific domestic violence legislation. They continue to believe that the existing legislation is adequate in protecting citizens and further legislation would create unwarranted governmental interference in “family life”.
HOW QUARANTINE HAS EXPOSED A SYSTEM IN NEED OF REFORM
Covid-19 has increased domestic violence through heightened economic worry, stress and seclusion. However, this pandemic has dramatically worsened a system already ineffective in protecting victims of abuse. Due to lockdown measures, many Russian women’s refuges and shelters (which were already scarce in numbers) have shut down, while many women feel even more afraid to flee their homes for fears of breaking quarantine and Covid-19 restrictions. After pressure from NGO groups, the Interior Ministry finally announced in late May that individuals could violate quarantine restrictions in cases of emergency, which includes domestic violence. However, this was too late for many victims, who had been trapped with their abuser for two months.
Developments in domestic violence legislation in Russia have also stagnated due to the pandemic, postponing debate on the 2019 domestic violence draft Bill, which proposes to transform private into public prosecutions, enabling greater access to justice. The Bill also introduces psychological and economic violence as offences. Oksana Pushkina, a member of the Russian Parliament, and one of three co-authors of the delayed Russian domestic violence Bill, declared “we’ll definitely need to treat this pandemic for more than 10 years if we don’t adopt a special law”. Pushkina is advocating for the Bill to be passed imminently, for fears that the domestic abuse epidemic will leave a long-lasting legacy of physical and psychological damage in Russia if legislation is not enacted to re-criminalise domestic abuse in the country.
Despite the overwhelming evidence of a spike in domestic violence complaints since the Covid-19 outbreak, the Russian Government continues in its refusal to recognise the pervasive reality of the situation. Valentina Matviyenko, the Chairperson of the Federation Council, disputed the figures published by non-governmental organisations, stating that families have in fact been “brought together”. This negligent denial from government officials leaves a bleak picture for women’s rights, at a critical time of crisis.
Tilly recently graduated with an LLB (Hons) from the University of Birmingham. At University, she volunteered for Birmingham’s Free Legal Advice Group. She is interested in social justice, particularly women’s rights. In September, she will begin the LPC at BPP University.