protection and redress for victims of crime and human rights violations

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Chapter 15 • Protection and Redress for Victims of Crime and Human Rights Violationsprosecutors, by the courts or even by an ombudsman. Another possibility is that ofprivate prosecution. 31The prosecuting authorities should at all times show respect for, andcourtesy towards, victims of crime.The prosecuting authorities should keep victims informed about their rolein the investigations and about the scope, timing and progress of theproceedings.The prosecuting authorities should inform the victim of the outcome of theinvestigation unless, at least at the European level, the victim hasindicated that he or she does not wish to have this information.Where the competent authority decides not to prosecute, the victim shouldbe entitled to have the decision reviewed or should be able to bring aprivate prosecution.2.3.3 Questioning of victims during criminal proceduresThe duty to treat victims of crime “with compassion and respect for theirdignity” (Principle 4 of the Declaration of Basic Principles) is particularly relevant in thecontext of the questioning of victims, whether the questioning is carried out by thepolice, a prosecutor or a judge in court. To give evidence in court may be a particularlyintimidating experience, especially if the victim has had no earlier contact with thecriminal justice system. 32 Specific assistance for victims may be helpful “to ensure thatthe victim feels that he or she has been able to participate properly and that the courthas the best evidence before it”. 33 Special assistance to victims who have to testify incourt may be of particular value to victims of rape and child abuse. The use of trainedcounsellors, video-taped evidence or direct video links may be helpful in this respect, asmay legal aid to victims so that they can have there own legal adviser. This is particularlyimportant, inter alia, when the victim’s civil claim is heard at the same time as thecriminal prosecution. 34 *****According to the Council of Europe Recommendation on the Position ofVictims, the victim should, at all stages of the procedure, “be questioned in a mannerwhich gives due consideration to his personal situation, his rights and his dignity.Whenever possible and appropriate, children and the mentally ill or handicappedshould be questioned in the presence of their parents or guardians or other personsqualified to assist them” (Part IC, para. 8).*****31 Ibid., loc. cit.32 Ibid., see p. 15, para. 55.33 Ibid., loc. cit.34 Ibid.762 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers
Chapter 15 • Protection and Redress for Victims of Crime and Human Rights ViolationsApart from the abovementioned categories of crime victim, persons who mayneed particular help and support in connection with questioning include victims oftrafficking, of racially motivated criminal acts or of terrorist acts. Whenever a victim is,for instance, a foreign national and does not speak the local language, particularattention has to be paid to ensuring that he or she is treated with dignity and that allrelevant information is conveyed in a language that is understood. Special assistancemay also be required to support and reassure crime victims belonging to minoritygroups.Questioning by the police, a prosecutor or a judge of victims of crime mustbe carried out with compassion and respect for their dignity. Specialassistance to victims testifying in court may be necessary to reassure thevictims and ensure that they play a proper role in the proceedings.Special assistance may be needed, inter alia, for victims of sex crimes,child abuse, trafficking or terrorist acts and for victims of foreignnationality, members of minority groups and persons with disabilities.2.3.4 Victims and criminal court proceedingsParagraph 6 of the Declaration of Principles also covers court proceedings,which means that victims should, for instance, be informed about the time and scope ofthe proceedings and the role they are expected to play. As noted in the previoussubsection, it may be helpful to provide special assistance to victims at this stage too.Such assistance is envisaged in paragraph 6(c) of the Declaration. It is also importantfor victims that unnecessary delays in the disposition of the case be avoided (paragraph6(e)).*****According to the Council of Europe Recommendation on the Position ofVictims, the victim should be informed of “the date and place of a hearing concerning an offence which caused him suffering ; his opportunities of obtaining restitution and compensation within the criminaljustice process, legal assistance and advice ; how he can find out the outcome of the case” (Part ID, para. 9).“It should be possible for a criminal court to order compensation by theoffender to the victim” and “legislation should provide that compensation may eitherbe a penal sanction, or a substitute for a penal sanction or be awarded in addition to apenal sanction” (Part ID, paras. 10-11).*****Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers 763
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