Seminari internacional sobre la implementació de la Directiva de víctimes. Plataforma de Justícia Penal Centre d'Estudis Jurídics i Formació Especialitzada, 11 i 12 de març de 2015

1. Helgard van Hüllen
-
Directive establishing minimum standards on
the rights, support and protection of
victims of crime
Barcelona, 11 March 2015

2. Objective and Scope (Articles 1-2)
To ensure that all victims of crime:
• receive appropriate protection and support
• are able to participate in criminal proceedings
• are recognised and treated in a respectful, sensitive, individual and
professional manner, without discrimination of any kind
• Applies to direct victims (natural persons) and family of murder victims. Not
companies.
• Best interests of the child

3. Core Rights/ Obligations
Right to:
• Information
• Support
• Participate
• Protection
• Training

4. Right to Information (Articles 3-7) - Key principles
• Info provided from the outset
• Info provided on an ongoing basis
• Info provided using simple and accessible language, taking into account
specific needs of individuals
• Avoid info overload whilst ensuring personalised approach with multiple
opportunities and methods to receive information

5. What Information ? (Articles 3-7)
• Right to certain information from the outset :
–where and how to report a crime
–support services
–info about the criminal justice process, their role as victim and their rights
in the process …
–special arrangements for cross-border cases
• Right to information about the case (upon request):
–decision ending the process and explanation of such decision
–ongoing information about the state of the proceedings
–time and date of trial
–final judgment, including sentence, and reasons for that verdict
–Escape and release of offender

6. Right to access victim support services (Article 8-9)
• Victim support services must be available to all victims and, as appropriate, family
members
• Sufficient geographical distribution across the Member State
• In accordance with their needs
• Free of charge
• Confidential
• Access not dependent on complaint being submitted
• Facilitate referrals to victim support
• Specialised services should also be established which includes at least shelters for at
risk victims, services for victims of sexual violence, gender based violence and
violence in close relationships

7. Content of Victim support services (Article 9)
As a minimum, such services shall provide:
• information about the rights of victims and how to access such rights
• Information on specialist services
• emotional and psychological support
• financial and practical assistance
• If appropriate, referral to specialist services

8. Participation of victims in criminal proceedings (Article 3-7, 9, 10-14)
• Partly dependent on role/ status of victim
• Information
• Interpretation and translation (role)
• Support during proceedings – person present, preparation
• Right to be heard and provide evidence (role)
• Review of decision not to prosecute (role)
• Legal Aid (party to proceedings)
• Reimbursement of expenses (role and participation)

9. Art .12
Right to safeguards in the context of restorativevjustice services
• Safeguards – no duty to have restorative justice services
• In the interest of victims
• Victim´s choice
• Free and informed consent
• Unbiased information
• Confidential
• Referral of cases

10. Protection of victims in criminal proceedings (Articles 18-24)
• Measures to protect victims from
– secondary and repeat victimisation
– intimidation and retaliation
– Protection of dignity during proceedings
– Physical protection
• Avoidance of contact with suspect
• Safeguards during interviews
• Accompaniment by person of choice
• Protection of privacy
• Special protection measures for vulnerable victims
– Interviews
– Visual contact with suspect
– Non-presence at court
– Avoid unnecessary questioning
– Exclusion of public
– children

11. Identification of victims in need of special protection (Article 22)
• All victims in criminal proceedings to be assessed to determine need for special
measures
• Victims are considered vulnerable due to:
– Personal characteristics (persons with disabilities)
– The nature of the crime (sexual violence, human trafficking)
– Children

12. Training of practitioners (Article 25)
• Fundamental to success of Directive
• Different levels of obligation depending on level of control
government has:
– Obligation to train government officials in contact with victims e.g.
police court staff
– Obligation to request training of judges
– Obligation to recommend training of lawyers
– Obligation to encourage training of victim support and restorative
justice providers. Also to observer professional standards.

13. Conclusions
• Directive is wide ranging
• Covers all victims and attempts to cover all key needs of victims
• Establishes broad obligations on Member States, but details of
drafting may have important impacts on protection
• Success dependent on positive approach to implementation –
not legalistic
• Fundamental to success will be cultural change, in particular
through training
• This is just the start

14. Thank you!
Helgard van Hüllen
Vice-President Victim Support Europe
H.Huellen@t-online.de