Preventing secondary victimization and supporting victims ...eucpn.org/sites/default/files/content/download/files/preventing... · Preventing secondary victimization and supporting

Preventing secondary victimization and

supporting victims of crime – what has been done and what is yet to be done?

Sanita Sīle| Policy Analyst

Riga, March 4th 2015

Centre for Public Policy PROVIDUS Promoting evidence based policy in Latvia

Centre for Public Policy PROVIDUS

PROVIDUS provides independent expertise in the following areas:

good governance (including public integrity and

prevention of corruption, openness of information, responsibility of courts, social entrepreneurship, civic

participation, energy policy);

inclusive political process (including integration policies and diversity management);

criminal justice (including penal policy and alternatives

for pre-trial detention, juvenile justice, support for victims’ rights).

Victim // Criminal Law

The objective of punishment is:

1) to protect the public safety;

2) to restore justice; 3) to punish the offender for a committed criminal offence;

4) to resocialize the punished person;

5) to achieve that the convicted person and other persons comply with the law and refrain from committing criminal offences.

Section 35, part two of the Criminal Law

Victim support system

Mechanisms of the victim compensation in criminal proceedings in EU

The main conclusions:

* First steps should include development of services that are the most important for victims: legal aid, state compensation, psychological help;

* Evaluation of services should be carried out on regular basis;

* Evaluation of victims’ needs should also be carried out on regular basis;

* Law enforcement agencies would benefit from guidelines on how to deal with crime victims.

Support for Victims of Crime: Substantial or Nominal. Latvia and Beyond

* To provide research based strategic and policy recommendations for development of good victims policies that address victims’ needs, and respond to crime in a balanced and restorative way;

* To improve information and support available to victims of crime;

* To enhance understanding about the benefits of a restorative response to crime and responsiveness towards victims’ needs among law enforcement agencies, media and society at large;

* To improve cooperation and networking among state agencies and NGOs working with victims of crime in Latvia and beyond.

Information // Public Awareness

www.cietusajiem.lv

Improving Protection of Victim’s Rights: Access to Legal Aid

* Increase the information available for the victims on the legal aid as a means to facilitate the protection of their rights;

* Identify common standards to handle victim of crime cases in order to have a just compensation;

* Reinforce the capacities of practitioners in dealing with victims, through the implementation of a training course;

* Facilitate the information of those categories of citizens less aware of their rights, notably the population of rural areas, through the production and delivery of a set of communication tools.

Assessment of the conditions that the victim has to meet to qualify for state-provided

legal aid

Criteria:

* Is the harm done?

Victims of domestic violence, children, victims of trafficking of human beings - NGOs

* Has the person been legally

recognized as a victim?

* Is the person an adult or a minor?

* Can the person afford to invite a

lawyer for legal assistance?

Has the person a status of a needy person?

Statistics: Questionnaire within the project

What is yet to be done?

What is yet to be done?

Future challenges:

• Inter-institutional cooperation;

• «One-stop shops» to address victims’ needs;

• «Basket» of minimum services.

What is yet to be done?

What is yet to be done?

The main objective:

to enhance the development of a safe and child-oriented support system for child victims of crime.

To gather information about the existing support systems for child victims

(multi-disciplinary and inter-institutional approach);

To raise professional capacity of specialists;

To create innovative cooperation forms in the multi-disciplinary environment

and to enhance children’s rights protection.

Links

• www.providus.lv • Improving protection of victims rights access to legal aid. http://providus.lv/article/improving-protection-of-victim-s-rights-access-to-legal-aid; • Support for victims of crime: substantial or nominal. Latvia and beyond. http://providus.lv/article/support-for-victims-of-crime-substantial-or-nominal-latvia-and-beyond; • Mechanisms of the victim compensation in criminal proceedings in EU. http://providus.lv/article/outstanding-problems-of-restorative-justice-perspective-solutions-within-the-european-union-research-on-mechanisms-of-the-victim-compensation-in-criminal-proceedings-in-eu-tm-2012-34-ek; • www.cietusajiem.lv

THANK YOU!

Sanita Sīle

Centre for public policy PROVIDUS Alberta 13, Riga, LV-1010, Latvia

[email protected]