The case of the British woman raped in Ayia Napa showed a deeply sexist society, KNEWS

by Apostolos Kouroupakis

kouroupakisa@kathimerini.com.cy

On the event of the acquittal of the younger Brit on fees of public mischief introduced by the Supreme Courtroom of Cyprus final Monday 31/1, we spoke with Dr. Christina Kailis from the Mediterranean Institute for Gender Research concerning the resolution, the authorized elements and the steps that also must be taken to correctly take care of complaints reminiscent of rape. Dr. Kaili says that the choice is a milestone resolution, “since her acquittal from the cost of public mischief, for the primary time – albeit belatedly – highlights the failure of the judicial system and the unfairness on the a part of the police in direction of ladies victims of sexual harassment and violence”.

I would really like you to touch upon the choice of the Supreme Courtroom in relation to ladies’s rights.

– In her acquittal, the Supreme Courtroom acknowledged that the British girl, who denounced her gang rape by Israelis in Cyprus in 2019, didn’t obtain a good trial and that her elementary rights, which aren’t solely assured by worldwide conventions, nationwide legislation but in addition by the structure, had been violated. Additionally, a prison investigation can be reopened for the rape case in addition to for the administration of the case by the police. It’s a landmark resolution, since her acquittal of the cost of public mischief, for the primary time – albeit belatedly – highlights the failure of the judicial system and the unfairness on the a part of the police in direction of ladies victims of sexual violence had been highlighted.

How precisely did it fail?

– The ruling exhibits that the “rule of legislation” has utterly failed in any respect ranges of justice: from supporting ladies when lodging a grievance to the thorough prison investigation within the sense of taking a look at proof in a gender-sensitive method and ignoring the traits of sexual violence, in response to the provisions of the Istanbul Conference. The Supreme Courtroom additionally acknowledged the younger girl’s vulnerability, ie her age, her psychological state, and the circumstances beneath which her confession was obtained. The primary-instance resolution was based mostly on a “confession” obtained beneath circumstances that violated her rights and with out supporting proof. When she reported her rape, she was assigned a lawyer after she had been intimidated and charged. She didn’t know that she had already grow to be the ‘accused’ and was not knowledgeable of her rights as an accused particular person. She didn’t have entry, from the primary second she made the grievance, to authorized support, to psychological assist and a translator. The police didn’t inform her concerning the penalties of withdrawing the grievance. In actual fact, they made her signal that she intentionally lied to retaliate in opposition to the Israelis. Due to this fact, the failure of the prison prosecution system to use the minimal requirements to make sure the rights of the sufferer is clear by means of the impulsive resolution. 

To ensure that justice to be carried out, the sufferer assist chain should not be damaged. Picture Philippos Christou

What steps must be taken to scale back gender-based violence or harassment?

-Modifications should be made concurrently on the particular person, collective and institutional ranges. In my view, the institutional degree wants essentially the most consideration, as a result of that’s the place political choices must be made. That’s, from the very best ranges of energy of those establishments – from the President to the ministers and administrators, to the Police, to the Authorized Service, and many others. Crucial step is to ship/restore justice and be sure that ladies can report violence inside a protected setting and obtain substantial assist/help from state establishments. The truth that ladies report sexual violence and discover themselves going through a wall of distrust and re-victimization exhibits that laws shouldn’t be sufficient to alter a fragile/ineffective system. Solely once we can denounce violence and we grow to be credible and we’re handled with dignity, as outlined by worldwide legislation, will the responsible be punished and the victims of those crimes compensated. The judiciary itself should additionally eradicate its sexist views and those that decide from positions of privilege, corruption, impunity, internalized poisonous masculinity that root out the tradition of rape. As long as the judiciary doesn’t obtain the suitable gender-specific coaching that can allow it to implement the related laws, it is not going to comply with by means of with right actions and compensation for victims.

As well as, the usage of ideas reminiscent of “violence in opposition to ladies” and “gender equality” by establishments and legislation enforcement businesses, the selling of laws, the strategic motion plans and the memoranda of cooperation signed with NGOs as an indication of progress are all, with out substantial outcomes, simply advertising declarations. With out the corresponding political choices that can put an finish to evils like this, these notions are weakened in public discourse. Additionally they weaken and depoliticize civil society working beneath adversarial circumstances for justice and social change. For instance, the police have a authorized obligation and accountability to find and acquire the required info within the first 24 hours of a rape, which is essentially the most important window, and on the similar time inform the victims of their rights. How can the case be supported with out them? The textual content of the attraction is subsequently a catapult for each the decide and the unfair trial, however on the similar time exposes a system of considering that not solely doesn’t work to make sure justice and human rights however that works to focus on contradictions and gaps in ladies’s testimony. That is the truth in ladies trafficking instances the place they’re thought of unreliable.

Are ladies legally protected when reporting rape or tried rape?

– Final week’s court docket resolution sends a robust message to the state: that they need to develop procedures specializing in the security and dignity of the sufferer, making certain the sufferer’s rights and successfully implementing the provisions of the authorized framework. It’s not a matter of legislative gaps however a matter of the implementation of procedures by professionals. Allow us to not neglect that in 2019, two former basic prosecutors, Alekos Markidis and Petros Clerides, in addition to the previous Minister of Justice of the Republic of Cyprus, Kypros Chrysostomidis, requested the cessation of the prison prosecution of the younger girl. Of their letter, they referred to her inhumane and degrading remedy.

How pervasive is the sexist discourse in our group, both within the media or on social networks?

-This case demonstrates a deeply sexist society that zealously turned in opposition to the younger girl – we witnessed Cypriot and Worldwide cannibalism by the media, social media, authorities officers and the judiciary. The tradition of rape (on a person, collective and institutional degree) shifts accountability, disgrace and social outcry from the rapist to the raped girl, from the perpetrator to the sufferer. It implies that girls are answerable for what occurred to them. Thus they’re formed from a younger age and finally undertake sexist perceptions and behaviors. Furthermore, public talking has a gender and it’s masculine. We’ve got many different examples of sexism from the day by day information, newspapers and social media. What number of know concerning the “Information to Overcoming Linguistic Sexism within the Language of the Public Administration Paperwork of the Republic of Cyprus” written by Dr. Maria Gasouka for the Workplace of the Commissioner for Gender Equality? Are the establishments and the general public consulting her? How usually and for what matters do the media name on ladies so that every one the views and the complexity of the voices are heard? Do the media and journalists apply the code of journalistic ethics? It’s a matter of democracy, pluralism and justice.

How will justice prevail ultimately?

-To ensure that justice to prevail, the sufferer assist chain should not be damaged. We observe that as in instances of home violence, lower than half of the instances reported to the police find yourself within the courts and of those many extra should not have a constructive final result within the courts. The younger girl was briefly handled by the establishments in a sexist and racist method (in addition to the victims of “Orestes”). The truth that males from Israel had been concerned additionally performed a task within the in any other case “handy” delay in eliminating them with out an in-depth investigation, based mostly on the federal government’s political standards for negotiating with Israel. Lastly, I need to dwell on the solidarity motion that has been expressed from 2019 till right this moment. It united many civil society teams and teams of ladies (and from Israel) who believed in it and demanded justice. This exhibits us that there’s a longtime setting the place individuals query the obstacles that deep-rooted patriarchal techniques and establishments of justice put forth and are additionally properly hidden behind the masks of the neoliberal “progressive” elites put in entrance of ladies. Lastly, the wonderful work of the authorized workforce with the case legislation has proven that to ensure that the case legislation to be right, it should meet sure circumstances. For instance, the best way the police handled the younger girl when she complained exhibits that they can’t apply the related nationwide protocols or the provisions of the Istanbul Conference.