Transcript Working with Police and Judiciary to ensure Safe Spaces
Working with the Police and the Judiciary to ensure Safe Spaces for Women Victims of Crime by Dr.Beulah Shekhar [email protected]
Our lives begin to end the day we become silent about things that matter- Martin Luther King And victims do matter to all of us , that is why we are all here !
What is a safe space for women ? A Safe space for a woman is a place where she can relax and be fully self-expressed, without fear of being made to feel uncomfortable, unwanted, or unsafe on account of her gender, race, religion ethnicity, cultural background age, or physical and mental ability. It is a place where the rules guard each person’s self-respect and strongly encourage everyone to respect others.
THIS WHAT THE UN DECLARATION ON VICTIMS, ENVISAGES THE POLICE STAIONS AND THE CRIMINAL COURTS TO BE FOR WOMEN VICTIMS !
Why should a police station or a court be women friendly or we need to make the Police stations and courts a safe space for women and girls who are victims of crime ? Because she deserves a safe space to redress her grievances , on her path to recovery, reparation and in her pursuit for justice The key findings of prison studies show that Causes could include carrying out retaliation on the offender, or against others in a displaced show of strength or emotion.
Victims can become offenders because of their experience. Two-thirds of sex offenders in prisons victimized a child .
who do not get justice turn offenders and when they do not cope with their victimization seek their own justice turn around and become offenders Hence ‘VICTIM ASSISTANCE IS CRIME PREVENTION ALSO -
The Need to Sensitize the Police and the Judiciary
Victim is the gate keeper of the Criminal Justice System ( legislative, enforcement, judicial & correctional wing ) The Police and Judiciary are the front line professionals dealing with the Victims There is a lack of access to Justice for victims of crime in the present Criminal Justice System due to the Secondary Victimization by the Criminal Justice System There is need for a shift of focus from delivery of Justice to the accused to the Justice to victim and prevent Secondary Victimization by the CJS Victims are loosing faith in the Criminal Justice System If Victims turn away from the System the Criminal justice system as we know it today, will become non functional VICTIMS WILL TAKE LAW INTO THEIR OWN HANDS AND SEEK JUSTICE ELSE WHERE !
The key UN Documents that will be highlighted
today are the:
The UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse
of Power 1985 …. Which is truly the ‘magna carta ’ for victims & provides the basic framework of principles which in the last two decades have been vociferously debated and converted as victims’ rights by some of the developed countries.
The Handbook on Justice to Victims – Deals with the use and application of the UN Declaration The Handbook on Justice to Victims was prepared by a group of experts from more than 40 countries by the Office for Victims of Crime in the Department of Justice and the Ministry of Justice in the Netherlands. The document was developed in cooperation with the United Nations Office at Vienna, Centre for International Crime Prevention, Office for Drug Control and Crime Prevention
The Guide for Policy makers
The Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
The General Assembly adopted the Declaration on 29 Nov. 1985
This Declaration is descendant to the UN Universal Declaration of Human Rights adopted in 1948
This Declaration gives victims a legitimate place in the universal agenda of Human Rights
The Two Parts of the Declaration
For Victims of Crime:
Definitions for national norms Access to justice and fair treatment Restitution, compensation, and assistance
For Victims of Abuse of Power:
Definitions for national and international norms Access to justice, fair treatment Restitution, compensation, and assistance Multilateral international treaties Special legislation
Ten Basic Principles of Justice for Crime Victims as per this Instrument
Justice is served only if Victims of crime are Treated with COMPASSION AND RESPECT Given the required INFORMATION (on rights in proceedings and explanation of progress) Allowed to PRESENT THEIR VIEWS TO THE COURT Have access to FREE LEGAL AID/ ADVICE Are assured PROTECTION OF PRIVACY AND PHYSICAL SAFETY Have a choice of an INFORMAL DISPUTE RESOLUTION Are given SOCIAL AND MEDICAL ASSISTANCE Are given RESTITUTION BY THE OFFENDER & / OR Are given COMPENSATION BY THE STATE Receive CAPACITY BUILDING & COOPERATION they need in their pursuit of Justice
The Handbook on Justice for Victims
Section 1 – Impact of Victimization Section 2 – Victim Assistance Section 3 – The role and Responsibility of Front Line Professionals to Victims Section 4 – Advocacy, Policy Making & Law Reform Section 5 – Working together at the International Level
The courtroom is the focal point of the entire Criminal Justice System. . .
The judge who presides over a court becomes not only the final arbiter of each evidentiary and procedural issue, but also establishes the tone, the pace, and the very nature of the proceedings……..
Particularly for the victim, the judge is the personification of justice.
…………………….Lois Haight Chair of the 1982 President’s Task Force on Victims of Crime
The Guide for Policy Makers on Implementation
39 page companion to Handbook Defines tasks to achieve the goals of the Declaration Encourages governments to develop & support programs Reminds policy makers that victims deserve respect for their dignity, privacy and security Stresses importance of establishing partnerships with all agencies
Functions of the Police and the Judiciary as Frontline Professionals
Police and Judiciary as part of the Criminal Justice System are frontline professionals
A woman victim of crime has to deal with the police and judiciary in the immediate aftermath of the crime
The victim’s first interaction with the police and judiciary is crucial to how she copes and recovers on the road to the Justice
Police Stations- haven or hell?
Custodial Rape/ femicide – a recent disturbing trend in many countries- India, Pakistan, Bangladesh, Mexico, Guatemala and even developed countries like UK and USA where victim laws are in place
Two New York City Police officers were arrested in April 2009 for rape, burglary and misconduct towards a 29-year old drunk woman whom they escorted to her apartment in response to a 911 call from a cab driver. In 2006 in a civil unrest in San Salvador Atenco, Mexico, there was excessive use of force and firearms by hundreds of state police. The National Human Rights Commission in its investigations found that the police had molested and raped female detainees and abused children, the elderly and the disabled.
A detention officer based at Kendal police station, UK has been jailed for five years for committing a number of child sex offences.
The Guatemalan army, paramilitary (civilian defense patrols) and police used rape and violence against women as a weapon of war.
In Bangladesh it has been reported that Policemen are regularly implicated in rape cases, but never charged with the crime. Rights organization say reasons include patriarchal norms and sometime when the victim is poor they are often silenced by money In India rape in police custody is regularly reported. The state of Uttar Pradesh in North India has acquired a notorious reputation where women are being victimized in large numbers. A rape, often of minor girls is reported every day in the media. Last month a 14-year old girl was reported raped and murdered in a police station.
Judges – Paragons of (In)Justice
A convicted rapist will not go to jail because a Manitoba judge says the victim sent signals that "sex was in the air" through her suggestive attire and flirtatious conduct on the night of the attack Empirical studies of judicial attitudes by legal scholars and social scientists confirmed that male judges tended to adhere to traditional values and beliefs about the "nature" of and proper roles for men and women, and to prefer conformity to traditional and familiar institutions and roles (Wikler, 1980)
A study on the Judicial attitude towards Rape in India mentions several Supreme Court decisions that were openly insensitive and unjust. Judges acquitted the accused stating that the fear that led a victim to passively submit to rape by two police constables could not be conclusively proved as fear of death or hurt; Judges reduced the sentence of a convicted rapist because he was young and had a whole life ahead of him; Judges reduced the sentence of a group convicted of gang rape because the gang rape did not seem to be preplanned but only happened because the men gave into their lust and lost control SO MUCH FOR VICTIM JUSTICE !!!!
A Saudi judge said it is okay for a man to slap his wife for lavish spending at a seminar on domestic violence, according to a report from Agence France-Presse A survey in India (Shivakumar, 1999) with 109 judges to assess their attitudes towards domestic violence showed that 48 per cent of them believed there were certain occasions when it was OK for a man to slap his wife, 74 per cent felt that the preservation of the family was more important even if women faced violence, 68 per cent believed that provocative clothes were an invitation to sexual assault and 34 per cent thought dowry had inherent cultural values Hence, gender sensitisation is the need of the hour to change the mindset of the judges to provide proper justice to the victims of domestic violence
Women as Victims of Crime
Women hesitate to report crime Women as victims special needs as Victims that have to be addressed Stark differences between National Crime Figures and Victimization Survey Figures Dark figures of crime are increasing Need to increase the reporting of Crime and increase the faith in the Criminal Justice System How do we as NGOs / Womens Organisations plug the gap in services?
The International Crime Victim Survey (ICVS) series developed by the ICVS international working group is an International victimization survey project set up To fill the gap in adequate recording of offenses by the police for purposes of comparing crime rates in different nations To provide a crime index independent of police statistics as an alternative standardized measure. The series has so far done five sweep of surveys in 1989, 1992, 1996, 2000 and 2005 The European Crime and Safety Survey (EU ICS) is a tool for measuring the volume and nature of crime in Europe. The EU ICS consortium combines leading European research centres with a proven track record of data collection and analysis
Reasons for Victim Dissatisfaction of Police Around the Globe
Reasons for dissatisfaction with the police (percentages*for the last incident in a period of five years) 2004-2005 ICVS and 2005 EU ICS from ‘Criminal Victimisation in International Perspective Key findings from the 2004-2005 ICVS and EU ICS’ by Jan van Dijk
Mentioned Reasons Did not do enough Theft
63
Burglary Robbery
68 68
Sexual Assaults All five incidents & Threats crimes
63 71 66
were not interested
52 56 56 60
Did not find offender
55 58 56 58
Did not recover goods
52 49 36
Gave no information
44 44 40 49
Were impolite Were slow to arrive
20 22 25 32 29 25 34 23
Other/don’t know
19 36 26 44
* Multiple responses were allowed, percentages may add up to more than 100%.
56 42 37 25 29 29 54 54 48 42 22 25 14
Based on the International Crime Victim Surveys and the European Survey on
Crime and Safety
The main reason for dissatisfaction was that the police ‘did not do enough’ The second cause for dissatisfaction was that the ‘police were not interested’ – mentioned by about half The next most common complaint overall was that no offender had been caught. Next , impoliteness on the part of the police was mentioned more often The fifth most common reason of dissatisfaction was that the police had not given information (42%). One in five victims mentioned impoliteness as a source of dissatisfaction. One in three of female victims reporting sexual incidents Then complaint about lack of information made up 7% of all reasons given in 1996 and 2000 and 12% in 2005. This upward trend in victims complaining about lack of information can be observed in most countries of the European Union.
In a study that analyzed Victim counselling in an All Women’s Police Station in a Town in South India one crucial finding was a strong correlation between the victim’s satisfaction with the counselling session and their response about the fear of police. The study suggested that this correlation maybe because The victim is satisfied with the counselling session as she does not feel intimidated by the police The victim feels that there is a person she can relate to who will be of assistance and give her the emotional support that she needs. Victims satisfied with the counselling will be better inclined to come and register a complaint in future thereby helping reduce the dark figures of crime in the long run
The U.N Declaration On Basic Principles Of Justice For Victims Of Crime And Abuse Of Power states that Judicial and administrative mechanisms should be established and strengthened where necessary to enable victims to obtain redress through formal or informal procedures that are expeditious, fair, inexpensive and accessible Victims should be informed of their rights in seeking redress through such mechanisms The Charter of the United Nations also reaffirms faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women Despite several resolutions, declarations and recommendations adopted by the United Nations and the specialized agencies promoting equality of rights of men and women, extensive discrimination against women continues to exist
Article 2 of the CEDAW , the UN Convention on the Elimination of All Forms of Discrimination against Women 1979 states that the ratifying parties shall Condemn all forms of discrimination against women by adopting appropriate legislative measures, sanctions prohibiting such discrimination Establish legal protection of the rights of women on an equal basis with men and ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination Ensure that public authorities and institutions shall act in conformity with this obligation Take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women
A woman victim of crime already traumatized by the crime undergoes further Secondary Traumatization at the hands of the system that she must confront to seek redress Women victims continue to experience threat and discrimination at the hands of police and in courtrooms Research has shown that dignity and healing of victims depends on the respect and assistance extended to them by frontline professionals like the Police, prosecutors, victim advocates, legal aid providers, judges, corrections personnel, medical staff and mental health providers
THE U.N DECLARATION ON BASIC PRINCIPLES OF JUSTICE FOR VICTIMS OF CRIME AND ABUSE OF POWER, 1985 On 29 November 1985, the General Assembly of the United Nations adopted the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power based on the conviction that victims should be treated with compassion and respect for their dignity and that they are entitled to prompt redress for the harm that they have suffered, through access to the criminal justice system, reparation and services to assist their recovery.
The Proposed Draft UN Convention on Justice and Support for Victims of Crime and Abuse of Power in its Preamble recognizes that millions of people, including many women and children, throughout the world still suffer harm as a result of crime, abuse of power and terrorism, and that the rights of these victims still have not been adequately recognized, and that they may, in addition, suffer hardship when assisting in the prosecution of perpetrators The Preamble further noted that it is necessary to provide victims of crime with better information, support services, reparation from offenders, compensation from the state and a role in criminal proceedings and to establish programs to protect victims of crime who are vulnerable, for instance because of gender or age
The definition of Victims of crime as per the UN Declaration
"Victims" means persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that are in violation of criminal laws operative within Member States, including those laws proscribing
criminal abuse of power.
A person may be considered a victim, under this Declaration, regardless of whether • the perpetrator is identified, apprehended, prosecuted or convicted and regardless of the familial relationship between the perpetrator and the victim. The term "victim" also includes, where appropriate, the immediate family or
dependants of the direct victim and persons who have suffered harm in intervening to assist victims in distress or to prevent victimization.
The provisions contained shall be applicable to all, without distinction of any kind, such as race, colour, sex, age, language, religion, nationality, political or other
opinion, cultural beliefs or practices, property, birth or family status, ethnic or social origin, and disability.
The UN Declaration states that victims of crime have a right to Access to justice and fair treatment Victims should be treated with compassion and respect for their dignity They are entitled to access to the mechanisms of justice and to prompt redress, as provided for by national legislation, for the harm that they have suffered For most victims and their families, the first contacts with the authorities are with the police. If the perpetrator of the offence cannot be apprehended (as in the case in the majority of offences reported to the police), the interview by the police is often the only contact with the authorities The satisfaction of the victims with their treatment by the police is an important measure of the victims’ satisfaction with the system
The UN handbook on Justice for Victims prescribes
• Sensitization of the police and the judiciary to the needs of victims by adequate training • Training for police officers in victim issues should emphasize awareness and empathy for victims and their needs • Treating victims in a more sensitive and sympathetic manner inevitably helps the police to do their job better by ensuring that more information is provided and that the victim is more willing and better able to become involved as a witness within the judicial system
The Role and Responsibility of the Police to Victims as per the Handbook on Justice for Victims
On-site crisis intervention Emergency medical assistance Information about police procedures and investigation process Assistance to protect evidence Accompany the victims to emergency medical services Information about possible consequences of the crime on the victim Information about victims’ rights and availability of compensation
Referrals to victim assistance services Ensuring that the victim is personally contacted by telephone or in person 24 to 48 hours following the initial response in order to see whether assistance has been sought and/or received Ensuring that the property of the victim is secured so that personal safety is not compromised as a result of crime Establishing procedures to ensure that victims of violent crime are periodically informed of the status of investigations Establishing protocols for proper detention and investigation of suspects in order to protect the safety of victims.
U.N declaration states that the responsiveness of judicial and administrative processes to the needs of victims should be Informing victims of their role and the scope, timing and progress of the proceedings and of the disposition of their cases, especially where serious crimes are involved and where they have requested such information Allowing the views and concerns of victims to be presented and considered at appropriate stages of the proceedings where their personal interests are affected, without prejudice to the accused and consistent with the relevant national criminal justice system taking measures to minimize inconvenience to victims, protect their privacy, when necessary, and ensure their safety, as well as that of their families and witnesses on their behalf, from intimidation and retaliation Judicial and administrative mechanisms should be established and strengthened where necessary to enable victims to obtain redress through formal or informal procedures that are expeditious, fair, inexpensive and accessible Victims should be informed of their rights in seeking redress through such mechanisms
The Roles and Responsibilities of the Prosecution to
Victims
Keep victims informed and involved by providing information about the criminal justice system and proceedings, status of cases and coordinating with the judiciary Providing a waiting area for victims and witnesses and their families in the courthouse that is separate visually and audibly from the offender. These areas should be “child-friendly” and safe and secure, where feasible Establish agreements with non governmental organizations to provide services such as victim-alert programs, coordinating witness appearances, information about availability of restitution
Continue assistance to victims after conviction of the offender Respect and recognition for victims Providing victims with information Special services and support The ordering of restitution Victim participation / VICTIM IMPACT STATEMENT Support Persons accompanying victims Protection of the victim Protection of special categories of victims Architecture and use of space in court buildings
International trends towards improving the response of the Criminal Justice system towards Victims of Crime as per the Guide for Policy Makers Guidelines for the police and judicial authorities that stipulate the proper treatment of victims Introduction of a comprehensive victim bills of rights Simplify procedures in the administration of justice and to promote general awareness of the availability of various mechanisms for obtaining justice and redress Designating particular police officers, prosecutors and judges to be responsible for victim issues in general or for matters relating to particular victims Establishing special sections in bar associations that focus on victim issues
Setting up separate victims’ affairs offices, for example at police stations or in court Examining legal procedures in order to ensure the availability of judicial review. For example In Germany and Mexico the victim is permitted to request that a superior prosecutor or a court review the decision. In Austria and Finland the victim is allowed to prosecute directly Victims are increasingly being provided, where appropriate, with a choice of proceeding with criminal, administrative, civil or informal measures The establishment or expansion of the possibility of presenting civil claims in connection with criminal proceedings. This possibility is available in a great number of jurisdictions, for example as “partie civile” (in French-based systems) or “adhesion” proceedings (in many jurisdictions based on the Germanic system)
In Mexico neglect by the prosecutor or the court to take into consideration the right of the victim to claim redress in criminal proceedings may lead to administrative sanctions The Indian Experience - Creation of a Victim Assistance Fund scheme in the state of Tamil Nadu in India that provides monetary help to victims of homicide or their bereaved relatives, victims of serious physical injuries including rape, and victims of grievous hurt In Austria Victims may submit evidence, suggest questions that may be asked of the defendant or of witnesses, and comment on statements and evidence submitted to the court USA provides the victim a right to be heard on the appropriate sentence of the defendant and on their release from prison on parole
In Finland and India the laws on cost-free legal proceedings also apply to victims in the case of need Most countries in western Europe, Australia, Canada, Hungary, Poland and the United States have established such programmes in close cooperation with law enforcement agencies, who are often the victim’s first contact with persons of authority In Finland and the United States a social worker or a specially trained volunteer is arranged to accompany the police officer when responding, for example, to domestic disturbance calls and when informing family members of a violent crime Portugal and the United States have experimented with victim/witness programmes based in the prosecutors’ offices or, since social workers are often present in court and see all parties requesting help, in probation services
Some measures taken in different jurisdictions to minimize inconvenience to victims include: If the property of the victim (such as stolen property or soiled clothing) is required as evidence, photographs can be taken or sworn statements prepared by the investigating officer. The property can then be restored to the victim, unless a formal objection is made Immediate reimbursement to the victim of expenses involved in participating in the police investigation and attending proceedings, pending the determination of guilt and the final allocation of responsibility for the costs Special consideration as to whether the testimony of a witness is required at a court session and, if so, whether the summons could indicate more closely the actual time at which the case would be heard
Denmark, Finland, Norway and Sweden have created a position of “support persons” whose services are paid by the State and who, in such serious cases as sexual assault, accompany the victim throughout the process, from the first contacts with the authorities to the implementation of the decision Arrangements for sustenance, child care facilities and other conveniences while waiting in court and the possibility of separate waiting room facilities to avoid undue contact with the suspect or with the suspect’s relatives and acquaintances Reviewing the possibility of in camera proceedings or, for example, the provision of videotaped testimony or the use of one-way mirrors where this would encourage the victim to speak more freely, as in the case of victims of sexual assault or child victims; The appointment of child advocates, who are mandated by the court to represent the interests of the child victim
Towards Safe Spaces for Women Victims of Crime- All Women Police Stations
A pioneering initiative of the state of Tamil Nadu in India (though the first one was opened in Calicut in 1973). At the World level the first AWPS was set up in Brazil in 1985. The first AWPS in Tamil Nadu was opened in 1991. Since its commissioning in 1991 the number of AWPS in India has grown to 524 (National Crime Records Bureau 2009) An AWPS is manned? operated by one woman Sub-Inspector and two women police constables
An All Women Police Station An all-women staff operates the customer counter at the South Indian food store
A Woman Police Sub inspector talks to a couple involved in a domestic dispute
Brazilian Initiative to Encourage Reporting by Women Victims An All Women Police Station in Brazil
Aims of All Women Police Stations
Provide immediate relief to women in distress Rescue girls and missing children, Assist policemen in the raids to curb immoral trafficking Public order duties at large gatherings where women congregate Investigate crime cases against women under Indian Penal Code, Dowry Prohibition Act, Tamilnadu Prevention of Women Harassment Act, Domestic Violence Act, Child Marriage Act, Medical Termination of Pregnancy Act, Child Labour act, Juvenile Justice act, Prevention of Immoral Traffic Act Provide 24x7 women helpline and child helpline services
Towards Safe Spaces for Women Victims of Crime Mahila/ Family Courts
Designation of courts to deal exclusively with cases relating to offences against women Headed by District and Sessions Judges for speedy trial and disposal of cases of offences committed against women and also cases under other social laws enacted by the Central and State Governments for the protection of women To ensure that the these places are manned by trained personnel who are sensitized to the needs of women as victims of crime.
Aims of Women's /Mahila/ Family Courts
To promote conciliation and secure speedy settlement of disputes relating to offences against women , family affairs and for matters connected To ensure that persons who are appointed to these y courts are committed to the need to protect women and ensure that the court is a safe space for women and to promote the settlement of disputes by conciliation and counselling Preference of women as mahila /Family Court judges To associate with institutions engaged in promoting welfare of families, especially women and children, or working in the field of social welfare To facilitate satisfactory resolution of disputes concerning the women through a forum that works expeditiously and in a just manner and with an approach ensuring maximum welfare of society and dignity of women
The Road Ahead………………
To advocate that training in Victimology and victim assistance be included in the academic syllabus of every Police and Judicial academy Victimization surveys in order to assess the magnitude of the problem in realtion to the dark figures of crime.
Involvement of the YWCAs and other NGOs in training at the Police academies and judicial academies Sensitization , skill development and capacity building of officers and functionaries of NGOs, civil societies.
Research on need of victims in every country All services provided to victims should be need based To initiate the setting up of National Societies of Victimololgy to work with the World Society of Victimololgy which has a consultative status with the UN and hence the ability to affect the much needed change in the treatment of victims
Knowledge is power – this is the Motto of The Manonmaniam Sundaranar University
Now we have the knowleedge of the UN declaration for Victims , and hence the power to make a difference in the life of Women who are victims of crime in out cities, when we return from Jakarta