Transcript Terrorism Prevention Branch

VICTIM SUPPORT:
The International Context
Bali Process Workshop on Victim Support
7 – 9 November 2006
Michel Bonnieu,
Senior Regional Legal Advisor
UNODC Regional Centre for East Asia and the Pacific
Section One:
Importance of Victim Support
Victim support is essential to ensure:
•
The victim is not the “forgotten person”
within the criminal justice system.
•
The prevention of secondary
victimization and re-victimization.
•
A balanced, fair and equitable approach
within the criminal justice system.
International Legal Framework
• United Nations Declaration on Basic
Principles of Justice for Victims of Crime
and Abuse of Power
(Victims Declaration)
• United Nations Convention against
Transnational Organized Crime and
related Protocols
(TOC Convention, TIP Protocol and
Smuggling in Migrants Protocol)
Other international instruments…
• The Universal Declaration of Human Rights
• The International Covenant on Civil and Political Rights
• The International Covenant on Economic, Social and
Cultural Rights
• The Convention on the Prevention and Punishment of the
Crime of Genocide
• The Convention on the Rights of the Child
• The Convention on the Elimination of All Forms of
Discrimination against Women
• The Declaration on Violence against Women
• Statute of the International Criminal Court
Definition of a Victim
“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.
Declaration on Basic Principles of Justice
for Victims of Crime and Abuse of Power
Other Relevant Considerations…
• A person may be considered a victim, under the Declaration,
regardless of:


The perpetrator being identified, apprehended,
prosecuted or convicted;
The familial relationship between the perpetrator and
the victim.
• “Victim” is broadly defined and therefore may include:

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Family and/or dependants of the primary victim;
Individuals who offer assistance or intervene at the
scene of the crime;
Other classes/types of victims:
“Ricochet” victims (“ripple effect” of crime)
◦ Legal Persons
◦ States
◦
What is Victim Support?
Victim support includes measures which aim to ensure the protection,
participation and rehabilitation of victims. Steps to achieve this include:
• Protecting the victim during the criminal justice process, eg:
• ensuring a support person may be present during interviews
• flexibility in the delivery of evidence (eg by video link), etc.
• Enabling and facilitating the presentation of victim
perspectives throughout the criminal justice process (eg
through victim impact statements), and even enabling this to
be taken into consideration in sentencing.
• Providing victims with access to services such as
counseling, vocational training and other forms of
rehabilitation.
Section Two
Part One:
UN Declaration of Basic
Principles of Justice for
Victims of Crime and
Abuse of Power
(1985)
Overview
• Adopted by consensus in the General Assembly
in 1985.
• Reflects collective will of the international
community to restore the balance between the
fundamental rights of suspects and offenders,
and the rights of interested victims.
• Based on the philosophy that victims should be
adequately recognized and treated with respect
and dignity.
Provisions relating to Victims
•
Access to justice and fair treatment

•
Restitution

•
Article 12 – 17 of the Declaration
Assistance

•
Article 8 – 11 of the Declaration
Compensation

•
Article 4 – 7 of the Declaration
Article 14 – 16 of the Declaration
Victims of Abuse of Power

Article 18 – 21 of the Declaration
Section Two
Part Two:
Convention against
Transnational Organized
Crime
(Entry into force 29 September 2003)
Overview
• The Convention was developed in response to
increasing levels and diversity of transnational
organized crime and represents a major step
forward in the international response.
• Includes general provisions relating to
transnational organized crime, such as
criminalization of certain offences, as well as
covering activities commonly associated with this
such as money laundering and corruption.
Provisions relating to Victims
Article 24 & 25 of the Convention relate to Victim and
Witness protection and support. Their contents can be
summarised as follows:
• Protection of and assistance to victims and witnesses of
offences covered by the Convention.
Articles 24 & 25(1)
• Procedures for compensation and restitution for victims
Article 25(2)
• Facilitation of participation of victims within the criminal
justice process
Article 25(3)
Section Two
Part Three:
Protocol to Prevent,
Suppress and Punish
Trafficking in Persons,
Especially Women and
Children
(Entry into force 25 Oct. 2003)
Overview
• Intended to supplement the Convention
with specific provisions relating to
human trafficking, including special
provisions relating to victims.
• As a supplementing instrument, the
Protocol should be read and
implemented in conjunction with the
TOC Convention.
Provisions relating to Victims
• Assistance to and protection of victims of TIP
(Article 6)
• Status of victims of TIP in receiving States
(Article 7)
• Repatriation of victims of TIP
(Article 8)
Section Three
Victim Assistance
Programmes
Overview
Victim Assistance Programmes generally:
•
Increase the range and availability of services to
victims.
•
Expand the opportunity for victims to participate
in the criminal justice process.
•
Reflect government commitment and
recognition of the importance of victim support.
International Criminal Court:
an example
•
Statute of the ICC (Rome Statute)
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•
Adopted 17 July 1998
Came into force July 2002
Rules of Procedure and Evidence

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
Adopted 2000
An instrument of the Rome Statute
Should be read in conjunction with the
Rome Statute
Provisions relating to Victims
• Rule 86 (Rules of Procedure) – General Principle
• Article 68(3) (Rome Statute) – Victim Participation
• Article 75 (Rome Statute) – Reparations/Compensation
• Article 75(2) (Rome Statute) – Compensation Fund
• Rule 17(2) (Rules of Procedure) - Protection
Section Four
UNODC Activities
UNODC has taken various steps to respond to the
needs of victims both globally and regionally.
These include:
• Development of the Handbook on Justice for Victims
• Specific project activities, for example:

Support for Victim/Witnesses of Trafficking in Human
Beings in the Philippines (PHIR07)
Also note:
• Conference of the States Parties
• Other agencies working in the field
Section Five
Concluding Statement
For more information
go to www.unodc.org
or www.unodc.or.th.