fra.europa.eu

Victims of crime in the EU: the

extent and nature of support

for victims

Dr Jonas Grimheden

Head of Sector Access to Justice

2

3

Spec

ific

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A Victims’ Directive

Directive 2012/29/EU

25 October 2012

Transposition deadline 16 November 2015

B

DG justice guidance document to the Victims’

Directive

Ref Ares(2013)3763804 19 December 2013

C

Mutual recognition of protection measures

Regulation 606/2013

12 June 2013

Applicable from 11 January 2015

E

Recommendations on practical measures and

best practices on specific needs of victims (children)

D

Review of compensation directive (2004/80/EC) with a view to possible

revision and simplifications as well as additional

proposals

EPO

European Protection Order

Directive 2011/99/EU

Transposition deadline 11 January 2015

Standing of victims in criminal proceedings

Framework decision

15 March 2001

Implementation deadline 22 March 2002/2004/2006 (Applicable to DK also after transposition deadline of

Victims’ Directive)

Trafficking Directive Art. 11 (1) on VS

Directive 2011/36/EU

5 April 2011

Transposition deadline 6 April 2013

Combating sexual abuse and exploitation of

children and child pornography

Art. 19 (1) on VS

Directive 2011/92/EU 13 December 2011

Transposition deadline

18 December 2013

Compensation to crime victims

Directive 2004/80/EC

29 April 2004

Transposition deadline 1 January 2006

Combating terrorism

Framework decision 13 June 2002 Art. 10 on VS

Implementation deadline

31 December 2002

For victims of road traffic accidents, revision of

existing EU legislation on conflict of laws to ensure that time limits applicable in the home country can

apply

COM press release IP/11/585

18 May 2011

Racism and xenophobia

Framework decision

2008/913/JHA 28 November 2008

Nothing on VS

Implementation deadline 28 November 2010

Employer sanctions directive – illegally

staying TCNs

Directive 2009/52/EC 18 June 2009 Nothing on VS

Implementation deadline

20 July 2011

Past transp.

deadline Adopted Proposed

Recommendations

FRA opinion

To be proposed

Victims’ package

DK not taking part

UK not taking part

IE not taking part

FRA AWP2012

Victims of crime: EU instruments

Roadmap for strengthening the rights and protection of victims, in particular in criminal proceedings, OJ C 187/1, 28 June 2011, adopted by the Council on 10 June 2011

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Chapter 1 General provisions

Chapter 2 Provision of information and

support

Chapter 3 Participation in criminal

proceedings

Chapter 6 Final provisions

Chapter 5 Other provisions

Art. 1 – Objectives Art. 2 – Definitions

Chapter 4 Protection and specific needs

Art. 3 – Right to understand and to be understood Art. 4 – Right to information from first contact … Art. 5 – Right of victims when making complaints Art. 6 – Right to receive information about their case Art. 7 – Right to interpretation and translation Art. 8 – Right to access victim support services Art. 9 – Support from victim support services

Art. 10 – Right to be heard Art. 11 – Rights if decision not to prosecute Art. 12 – Rights to safeguards in restorative justice Art. 13 – Right to legal aid Art. 14 – Right to reimbursement of expenses Art. 15 – Right to return of property Art. 16 – Right to decision on compensation (offender) Art. 17 – Rights of victims resident in other MS

Art. 18 – Right to protection Art. 19 – Right to avoid contact (victim with offender) Art. 20 – Right to protection during crim. investigations Art. 21 – Protection of privacy Art. 22 – Individual assessment (specific needs) Art. 23 – Protection for specific needs during investing. Art. 24 – Protection of child victims during crim. proc.

Art. 25 – Training of practitioners Art. 26 – Cooperation and coordination of services

Art. 27 – Transposition (16 November 2015) Art. 28 – Provision of data and statistics (16 Nov 2017) Art. 29 – Report (Commission by 16 Nov 2017) Art. 30 – Replacement of 2001 FD Art. 31 – Entry into force (15 November 2012) Art. 32 – Addressees (to MSs)

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Art. 8 – Right to access victim support services

Art. 9 – Support from victim support services

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Examines support service provision and other rights for victims in EU 28

• Intro & Chapter 1: history and development of victims’ rights and victim support services across the EU, including analysis of the Victims’ Directive;

• 2: aspects of victim support: role of victims in various national legal frameworks; training of practitioners; referral;

• 3: various models of victim support: how support is organised, coordinated and funded; role of volunteers and umbrella organisations;

• 4: support for specific groups of victims and importance of the individual assessment (Art. 22 Victims’ Directive);

• 5: performance standards and indicators; improving quality & monitoring of victim support service provision.

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Opinions

Based on findings, FRA has formulated (15) opinions which suggest

concrete measures that EU institutions and MS can take to address

shortcomings and improve victim support services

7

22%

15%

15%

12%

7%

6%

5%

4%

4%

0 5 10 15 20 25

Doctor, health centre or…

Police

Legal service/ lawyer

Hospital

Social services

Women's shelter

Victim support…

Church/faith-based…

Violence against women survey: Services contacted after most

serious incident of sexual violence by a partner (current or

previous)

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Women who have not heard of any of the (up to

three) organisations that support women victims of

violence in their country (%)

[VALUE]* 2 2 3 4 4 5 6 7 9 9 11 15 15 15 15 16 19 19 19

26 26

36 41

49 53 56

74 75

20

40

60

80

100

DE

MT

DK

ATIENL

SEFISICY

HRBE

PT

UKEEESFRLUIT

EU-2

8PLLTH

USKLVELBG

ROCZ

(*) indicates results based on fewer than 30 responses

9

Promising practices

Victim support onsite at police stations:

Sweden: the Swedish Association for Victim

Support located at police stations – close

cooperation with police & easy referral

Similar practices in Belgium, Estonia, Finland,

France and the Netherlands. To be rolled

out in Ireland (in 2015)

Art. 8 VD – Right to access victim support services

10

Victims of crime funds – contributions by

convicted persons

• In place (or planned) in Belgium,

Denmark, Estonia, Finland, France,

Lithuania, Poland, Portugal, Sweden,

United Kingdom

• Finland: to generate 4.5 million

a year for victim support services.

Art. 8 VD – Right to access victim support services

11

Promising practices

France: piloted the VD concerning individual

assessment of victims in 2014, nationwide from 2015

Victim support Scotland Assessment Toolbox

Framework: illustrates how to structure such an

assessment in practice

Specialised support services: many promising

practices highlighted in the report; e.g. supporting

migrant victims; victims with a disability; child victims;

victims of domestic abuse and hate crime victims

Art. 8 VD – Right to access victim support services

Art. 22 VD – Individual assessment (specific needs)

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Promising practices

Supporting victims at court through apps

1. Sweden (http://brottsofferappen.org/):

provides victims with information on: closest police station

and support services; checklist on how to report the crime and how to

claim damages. Information specific to victim’s location and crime type.

2. Spain (https://itunes.apple.com/es/app/ciudad-de-la-justicia/id642741128?mt=8):

provides the location of a new court complex in Zaragoza and gives

details about hearings. It issues alerts to let people know when

court cases have finished.

Art. 9 VD – Support from victim support services

13

Other FRA work in the area of victims of crime

and access to justice

• Four large-scale surveys concerning the

victimisation of minorities, of LGBTI persons,

antisemitic offences and violence against women

• Severe labour exploitation of migrant workers in the

EU (2015)

• Access to Justice for Victims of Hate Crimes (2016)

• Clarity – Complaints, Legal Assistance and Rights

Information Tool for You

14

Other FRA work in the area of victims of crime

and access to justice

Children and Justice: Implementing the Council of Europe guidelines on child-

friendly justice in the EU (2015 and forthcoming 2016)

How do judicial procedures respond to children’s needs?

EC (EU) – legal and policy provisions, statistical information

FRA (10 MSs) – evidence on how legal and policy provisions are applied ‘on

the ground’ to address children’s needs, when they are involved as

witnesses, victims and parties to criminal and civil proceedings

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Advertisement! Seminar IVOR: services that work for victims

• To ensure that the Victims’ Directive will reach its full potential it is vital to understand what works in improving the position of victims in each Member State, how it works, what works together and what works under which conditions

• 14 January 2016, Lisbon (Hotel Olissipo Marquês de Sá)

• How is the victim actual experience improved in practice through the transposition of the Victims’ Directive?

• How do economical, historical and social backgrounds of each Member State influence the transposal of the Directive’s Articles?

• What solutions and best practices can be adopted and shared between Member states?

•

• The event will also be an unrivaled opportunity for professionals of the criminal justice system, victim support workers, decision makers, experts in the field of victimology and European Law, to come together and work on the development of ready to use recommendations for the transposal of the Victims’ Directive. Join us and have a direct impact on the lives of tens of millions of victims of crime!

• We would like to kindly invite you to guarantee your place in this debate, by registering at: www.apav.pt/ivor.

• This Policy Seminar is developed under “Project IVOR | implementing a victim-oriented reform of the criminal justice system of the european union” (co-financed by the Criminal Justice Programme of the European Union) that the Portuguese Association for Victim Support (APAV) promotes in partnership with the International Victimology Institute Tilburg (INTERVICT, the Netherlands), the University of Leuven (Belgium) and Victim Support Europe.

fra.europa.eu

jonas.grimheden@fra.Europa.eu

Main report fra.europa.eu/en/publication/2014/victims-crime-eu-extent-and-nature-support-victims and summary available in 23 EU languages Online tables fra.europa.eu/en/publications-and-resources/data-and-maps/comparative-data/victims-support-services Surveys fra.europa.eu/en/research/surveys