2003.5.2
For cases of spousal violence, police officers are taking necessary measures in accordance with "The Outline for Implementing Measures to Protect Women and Children." Now that DV Law is enforced, police officers continue to make proper responses with considerable care for the victims.
(The 5th Periodic Report P87)
In the official notification, issued on December 13, 1999, to Prefectural Police Headquarters titled "The Outline for Implementing Measures to Protect Women and Children," it was instructed that "upon responding to spousal violence case where a crime was committed, police officers should take necessary measures, including applying criminal procedure, with consideration of victim's desire." After the enactment of DV Law, a new notification was issued on July 9, 2001, titled "The Guidelines for Responding to the Spousal Violence Cases in accordance with DV Law". In the new guidelines, police officers are expected to continue taking necessary and proper measures for each case in accordance with "The 1999 Outline for Implementing Measures to Protect Women and Children."
We can see no clear difference of police policy between the two guidelines issued in 1999 and 2001. The enactment of DV Law has so far made no changes in police policy for responding to spousal violence. It is still being left to the discretion of a police officer whether to apply criminal procedure. The policy of considering the victim's desire, in a case where a crime was committed, may be used by police to circumvent the law. Furthermore, victims may possibly refuse to give statements and file charges if they are under the control of the offender's threat and violence and, therefore, a crime will be hidden.
A strict policy is necessary to show police officers that they should protect victims and take strict criminal measures against perpetrators who clearly commit criminal acts.
In accordance with Article 16.2 which requires state parties to take necessary measures to eliminate discrimination against women in marriage and family relationships, the establishment of such strict policy and standards for handling DV cases are urgently needed.
Article 8 ( Police protection for victims )
When, through notification or other means, police consider that there are cases of spousal violence, they shall endeavour to take necessary measures in accordance with provisions of the Police Law (1954, Law No.162), the Police Official Duties Execution Law (1948, Law No.136), and other laws, in order to prevent the victim from suffering harm from spousal violence, especially by stopping the violence, providing protection to the victim, etc.