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 ViolationsTo inspire confidence in the justice system, the presiding judge should makesure that victims are given due notice of the trial proceedings and that their views areadequately conveyed to the court. Victims should be duly notified of any delay in oradjournment of the proceedings and should be informed about how to obtain thejudgment in the case. It is essential that the presiding judge ensures that victims havebeen adequately informed about any rights they may have to compensation andrestitution so that they may, for instance, formulate their claims properly.Victims of crime should be informed of the date and place of the courtproceedings concerning the crime whose effects they are suffering andshould also be informed of any delay or adjournment.Victims of crime should be duly informed of any rights they have toobtain restitution or compensation for the crime concerned.Victims of crime should be informed of how to obtain a copy of thejudgment relating to the crime.2.3.5 Victims’ right to protection of their private life and their safetyAccording to paragraph 6(d) of the Declaration of Basic Principles, theresponsiveness of judicial and administrative processes to the needs of victims shouldbe facilitated by:“Taking measures to minimize inconvenience to victims, protect theirprivacy, when necessary, and ensure their safety, as well as that of theirfamilies and witnesses on their behalf, from intimidation and retaliation”.*****On this issue the Council of Europe Recommendation on the Position ofVictims states that:“Information and public relations policies in connection with theinvestigation and trial of offences should give due consideration to theneed to protect the victim from any publicity which will unduly affect hisprivate life or dignity. If the type of offence or the particular status orpersonal situation and safety of the victim make such special protectionnecessary, either the trial before the judgment should be held in camera ordisclosure or publication of personal information should be restricted towhatever extent is appropriate” (Part IF, para. 15).It is further recommended that, “whenever this appears necessary, andespecially when organised crime is involved, the victim and his family should be giveneffective protection against intimidation and the risk of retaliation by the offender”(Part IG, para. 16).*****764 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 ViolationsWhile publicity may be important, inter alia, for educating both legalprofessionals and the public about the effects of victimization, it may also be sodistressing to victims that their identity should be withheld. 35 Publicity may have aparticularly devastating effect on victims in cases of sexual abuse, including child abuse,as well as in cases of organized crime and terrorism where disclosure of identity mayplace the victim’s life in danger. As a rule, it is in any event advisable to obtain thevictims’ consent before they are identified in the mass media. 36Whenever the life and safety of victims, witnesses and their family membersare in danger as a consequence of retaliation, it may not be sufficient to withhold theperson’s identity. The judicial authorities may have to take additional measures, such aswithholding other relevant information and providing other forms of specialprotection. In particularly serious cases, it may also be necessary to hold the courtproceedings in camera, although international human rights law imposes specificrestrictions on any such decision (see article 14(1) of the International Covenant onCivil and Political Rights, article 8(5) of the American Convention on Human Rightsand article 6(1) of the European Convention on Human Rights). In extreme cases, itmay even be necessary for the competent authorities to provide special policeprotection for the victims concerned, as well as for relatives and witnesses.Whenever necessary, the competent authorities should protect the privacyof victims of crime and should also protect victims, their families andwitnesses on their behalf from intimidation and retaliation.Special protection of the right to privacy and of the safety of persons maybe particularly indicated in cases of sexual abuse as well as in cases oforganized crime and terrorism.As a rule, it is always preferable to obtain the consent of the victim beforehis or her name is given to the mass media.2.4 Restitution, compensation and assistanceto victims of crime2.4.1 General remarksThe questions of restitution, compensation and assistance to victims of crimewill, of necessity, be addressed only in very general terms in this context, as the issues atstake are too complex for more in-depth analysis. This part is therefore limited to anoutline of the general principles that should guide national judicial authorities inproviding some sense of justice to crime victims, whose needs vary according to thenature of the crime committed, the place it was committed and the situation of thevictims themselves.35 Ibid., p. 15, paras. 56-57.36 Ibid., p. 15, para. 57.Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers 765
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