INTERVICT International Victimology Institute Tilburg Development of victimology

INTERVICT International Victimology Institute Tilburg Development of victimology in the current world Dr. Marc Groenhuijsen Surabaya, Indonesia November 27, 2018

Topics to be covered § Background – contextualization § From EU Framework Decision to EU Directive § Structure of the Directive & key features § Capita selecta (i. e. ‘particularly vulnerable victims’) § Conclusion

Background - contextualization § 1985: UN Declaration of basic principles of justice for victims of crime and abuse of power § Declaration is: (1) Magna Charta, and (2) catalist for developing new victimological research questions § New questions: § -conditions for effective implementation -soft law vs hard law -> towards a UN Convention? -how to define “minimum” standards? Same level of aspiration for every country?

Potential obstacles to reform § Victims’ rights, included in international protocols, can be at odds with traditional values, stemming from deep culturally determined roots § Police: from ‘catching criminals’ to ‘being nice to victims’ § Judiciary: most sacred imperative is to secure that every defendant will have a fair trial § -> reluctance to engage in this kind of reform

EU: from FD to Directive § 2001 Framework Decision (legally binding) § Improvements compared to Declaration: § -reduce repeated questioning § -advanced informational rights § -reimbursement of expenses § -construction of court facilities as a new issue § § § Compliance? 2004: devastatingly critical report (art. 2) 2009: compliance still not satisfactory

25 October 2012: the Directive § Directive is even more powerful instrument than FD § Directive introduces more demanding and more strictly worded standards § 32 articles, in 6 Chapters § § Full text can be accessed at: http: //eurlex. europa. eu/Lex. Uri. Serv. do? uri=OJ: L: 2012: 315: 00 57: 0073: EN: PDF

Chapter 1 § § General provisions (art. 1 -2) Objectives: “to ensure that victims of crime receive appropriate information, support and protection and are able to participate in criminal proceedings” (art. 1) § § § Definitions (art. 2) ‘victim’ ‘family members’ ‘child’ ‘restorative justice’ Please note: no definition of ‘offender’ (see preamble nr. 12)

Chapter 2 § Provision of information and support (art. 3 -9) § Information – general: § “appropriate measures to assist victims to understand be understood from the first contact and during any further necessary interaction…” § “ensure that communications with victims are given in simple and accessible language…” (=easier said than done)

Information – specific (art. 4) § § § § § (a) the type of support (b) the procedures for making complaints (c) protection (how, conditions) (d) legal advise (how, conditions) (e) compensation (f) interpretation and translation (g) special measures foreigners (h) complaints when rights have not been respected (i) contact details for communications about their case (j) available restorative justice systems (k) expenses

Information – specific (art. 6) § Right to receive information about their case: § - any decision not to proceed with investigation/prosecution (+ summary of reasons) - time & place of trial & nature of charges - any final judgement in a trial (+ summary of reasons) - info about the progress of the criminal proceedings - “opt out system” - opportunity to be notified when release or escape from detention (at least where there is danger or risk of harm) § § §

Information – specific (art. 7) § Interpretation and translation - interpretation in accordance with their role in the relevant c. j. s. - translations of information essential to the exercise of their rights (minimum: time & place of trial & decision on ending) - victim may submit a reasoned request to consider a document as essential - an oral translation or oral summary of essential documents may be provided instead of a written translation

Results on information § did you count the number of items on which information is to be provided? The list is endless § information is a key right for victims (example parents of murdered child) § a large majority of victims will not receive the information they are entitled to (the best performing MS reaches 70%)

Victim support (art. 8 -9) § § § - access to confidential victim support, free of charge - MS shall facilitate the referral of victims - specialist support services (incl. shelters etc. ) - public or NGO & professional or voluntary basis - services (selection): § Advice and support relevant to rights § Emotional and psychological support § Advice on financial and practical issues § Advice on risk of secondary & repeat victimisation, of intimidation and retaliation

Chapter 3 § Participation in criminal proceedings (art. 10 -17) § § § § - right to be heard and provide evidence - right to a review of a decision not to prosecute (moderate) - legal aid, where they have the status of “parties” (sic) - reimbursement of expenses , “in accordance with their role” - recoverable property is returned to victims without delay - a decision on compensation (=restitution) by the offender - promote measures to encourage offenders to provide adequate compensation to victims (= weak) - minimise difficulties foreign victims §

Chapter 4 § Protection of victims § - against secondary and repeat victimisation, from intimidation and retaliation, including against the risk of emotional or psychological harm, and to protect the dignity of victims during questioning and when testifying (art. 18) - avoidance of contact between victim and offender (art. 19) (separate waiting areas) - number of interviews limited; without delay; legal representative & person of choice; medical examaminations kept to a minimum (art. 20) § §

Chapter 5 § Other provisions art 25 -26) § § Training (art. 25): -police officers & court staff shall receive both general and specialist training -judges and prosecutors & lawyers: make available both general and specialist training -those providing VS and RJ: encourage initiatives enabling them to receive adequate training -the practitioner: training shall enable them to recognise victims and to treat them properly § § §

Capita selecta: special categories § - “differential victimology” § Art. 22 gives new meaning to concept of ‘particularly vulnerable victims’ § - victims will receive “a timely and individual assessment”, to identify specific protection needs and to determine whether and to what extent they would benefit from special measures, due to their particular vulnerability to secondary and repeat victimisation, to intimidation and to retaliation

Special categories - continued § Individual assessment/special needs concerning: - personal characteristics of the victim - type or nature of the crime - circumstances of the crime § Particular attention to be paid to: victims who have suffered considerable harm, suffered from a crime commited with a bias or discriminatory motive, victims with a prior relationship with or dependance on the offender, victims of terrorism, organised crime, human trafficking, gender-based violence, violence in a close relationship, sexual violence, exploitation or hate crime, and victims with disabilities

Special categories - continued § Art. 22 -24: § Very sympathetic and advanced § However: § problem (a) it just cannot work § problem (b) it might adversely affect the attitude of police towards victims’ rights in general (‘victim fatigue’)

Conclusion § Development during some three decades: § (1) inclination to progressively use more powerful legal instruments (hard law is better than soft law) (2) substantive requirements in “minimum” standards are being raised § § In the end both of these factors might become impediments for effective implementation instead of being real ‘game changers’ (paradoxical as it may sound)

Final observation During the past three decades we have made tremendous progress in making this world a less unpleasant place for victims of crime § Thanks to people like you! § Many thanks for that!

Reference § A fuller account of this paper can be found at: § § Marc Groenhuijsen The development of international policy in relation to victims of crime In: International Review of Victimology 2014, Vol 20(1) 31 -48 § §