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How Can the EU and the Member States Better Help Victims of Terrorism?

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How Can the EU and the Member States Better Help Victims of Terrorism? DIRECTORATE GENERAL FOR INTERNAL POLICIES POLICY DEPARTMENT FOR CITIZENS' RIGHTS AND CONSTITUTIONAL AFFAIRS CIVIL LIBERTIES, JUSTICE AND HOME AFFAIRS How can the EU and the Member States better help victims of terrorism? STUDY Abstract This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, presents a glimpse into the international and selected national responses to the raising global threat of terrorism and the consequent increase in victimisation. The study is based on the research conducted on legislation and policy responses to the needs of victims of terrorism in Belgium, France, Germany, Hungary, Spain and the United Kingdom. The research and findings focus on the two main EU instruments in this field: the Victims’ Rights Directive and the Directive on Combating Terrorism. Based on the findings of adequacy of response to the victims’ needs, the study proposes a set of recommendations for the EU and the Member States legislative and policy response to better ensure the needs of victims of terrorism are well taken care of. PE 596.805 EN ABOUT THE PUBLICATION This research paper was requested by the European Parliament's Committee on Civil Liberties, Justice and Home Affairs and commissioned, overseen and published by the Policy Department for Citizen's Rights and Constitutional Affairs. Policy Departments provide independent expertise, both in-house and externally, to support European Parliament committees and other parliamentary bodies in shaping legislation and exercising democratic scrutiny over EU external and internal policies. To contact the Policy Department for Citizen's Rights and Constitutional Affairs or to subscribe to its newsletter please write to: [email protected] Research Administrator Responsible Sarah SY Policy Department for Citizens' Rights and Constitutional Affairs European Parliament B-1047 Brussels E-mail: [email protected] AUTHORS Aleksandra IVANKOVIĆ, Victim Support Europe (VSE), Brussels Belgium Levent ALTAN, Victim Support Europe (VSE), Brussels, Belgium An VERELST, Victim Support Europe (VSE), Brussels, Belgium Under the coordination of the European Institute of Public Administration (EIPA), Luxembourg (Petra JENEY) LINGUISTIC VERSION Original: EN Manuscript completed in September 2017 © European Union, 2017 This document is available on the internet at: http://www.europarl.europa.eu/supporting-analyses DISCLAIMER The opinions expressed in this document are the sole responsibility of the author and do not necessarily represent the official position of the European Parliament. Reproduction and translation for non-commercial purposes are authorised, provided the source is acknowledged and the publisher is given prior notice and sent a copy. How can the EU and Member States better help the victims of terrorism? _________________________________________________________________________ CONTENTS LIST OF ABBREVIATIONS 5 LIST OF FIGURES 7 EXECUTIVE SUMMARY 8 1. INTRODUCTION 12 1.1. The approach 12 Background 14 Institutional framework 14 Defining the needs 15 Acknowledgments 15 1.2. The rise of terrorist threat 17 1.3. Overview of terrorist victimisation 20 2. NEEDS OF VICTIMS OF TERRORISM 22 2.1. Victims of Terrorism 22 2.2. Understanding the needs of victims of terrorism 26 2.2.1. Basic needs of all victims 26 2.2.2. Specific needs of victims of terrorism 27 2.2.2.1. Respect and recognition 28 Importance of memorials – a case study 32 2.2.3. Support 36 2.2.4. Protection 44 2.2.5. Access to justice 47 2.2.6. Compensation 50 2.2.7. Individual needs of victims of terrorism 54 2.2.7.1. Individual assessment 55 2.2.7.2. Vulnerable groups of victims 57 Support for children and youth in the aftermath of a terrorist attack – a case study 62 3. INTERNATIONAL RESPONSE TO NEEDS OF VICTIMS OF TERRORISM 64 3.1. The United Nations 66 3.2. The Organisation for Security and Cooperation in Europe 69 3.3. The Council of Europe 70 3.4. The European Union 73 4. MEMBER STATE RESPONSE TO THE NEEDS OF VICTIMS OF TERRORISM 77 4.1. Member State understanding and response to specific needs of victims of terrorism 77 4.1.1. Member States’ understanding of victims’ needs 77 3 Policy Department for Citizens' Rights and Constitutional Affairs _________________________________________________________________ 4.1.2. Member State response to specific needs of victims of terrorism 79 4.1.2.1. Respect and recognition 79 4.1.2.2. Member State response to need for support 81 4.1.2.3. Member State response to need for protection 87 4.1.2.4. Member State response to need for access to justice 88 4.1.2.5. Member State response to need for compensation 90 4.1.2.6. Member States response to needs of cross-border victims 95 4.1.2.7. Member State response to specific aspects of terrorist victimisation 98 4.2. Responding to victims’ needs over time 99 The aftermath of the Madrid bombings: Evolving needs of victims – a case study 101 4.2.1. Planning, preparation and prevention 105 4.2.2. Training of professionals 106 4.2.3. Immediate response 107 4.2.4. Managing public reactions and providing information 108 4.2.5. Identification of victims and management of information on them 109 4.2.6. Establish an accessible one stop shop for support services 111 4.2.7. Provide immediate financial support to victims 111 4.2.8. Ensure support for cross-border victims 111 4.2.9. Long term support 112 4.2.10. Member States’ response to evolving victims’ needs 114 4.3. Post November 2015 response 115 4.3.1. Belgium 115 2.4.2 Hungary 117 2.4.3 France 118 2.4.4 Germany 120 2.4.5 Spain 121 2.4.6 The United Kingdom 121 5. CONCLUSIONS AND RECOMMENDATIONS 123 5.1. Planning and Preparation 124 5.2. Understanding and responding to Victims’ needs 126 5.2.1. Respectful treatment of Victims 127 5.2.2. Recognition of Victims 127 5.3. Support 130 5.4. Protection 135 5.5. Access to justice 136 5.6. Compensation 138 5.7. Cross border victims 139 REFERENCES 141 4 How can the EU and Member States better help the victims of terrorism? _________________________________________________________________________ LIST OF ABBREVIATIONS AfVt Association française des Victimes de Terrorisme (FR) ARC American Red Cross AVT Association of Victims of Terrorism (Asociación Víctimas del Terrorismo) – ES BBK Support for Victims and their Relatives (Bundesamt für Bevölkerungsschutz und Katastrophenhilfe) – DE CIAV Interministerial cell for victim support (Cellule interministérielle d’aide aux victimes) – FR CoE Council of Europe CODEXTER Committee of Experts on Terrorism - CoE CTITF Counter-Terrorism Implementation Task Force ECHR European Convention of Human Rights ECtHR European Court of Human Rights EIPA European Institute of Public Administration EMDR Eye movement desensitisation and reprocessing ETA Basque Homeland and Liberty (Euskadi Ta Askatasuna) - ES EU European Union EUGS EU Global Strategy on Foreign and Security Policy FCO Foreign and Commonwealth Office - UK FENVAC National Federation of Victims of Terrorism and Collective Accidents (Fédération Nationale des victimes d'attentats et d'accidents collectifs) - FR FGTI Guarantee funds for victims of terrorism and other violations (Fonds de Garantie des victimes des actes de terrorisme et d’autres infractions) – FR FLO Family Liaison Officer GAD Generalised anxiety disorder GCTF Global Counter-Terrorism Forum HAC Humanitarian Assistance Centre IPCR Integrated political crisis response IS Islamic State 5 Policy Department for Citizens' Rights and Constitutional Affairs _________________________________________________________________ NOAH Federal Government for Aftercare, Support for Victims and their Relatives (Koordinierungsstelle Nachsorge, Opfer und Angehörigenhilfe) – DE NTSB National Transportation Safety Board TFEU Treaty on the Functioning of the European Union ODIHR Office for Democratic Institutions and Human Rights - OSCE OSCE Organisation for Security and Cooperation in Europe OVC Justice’s Office for Victims of Crime PTSD Post-traumatic stress disorder PACE Parliamentary Assembly of the Council of Europe SEAV State Secretariat for Victim Support (Secrétariat d’État à l’Aide aux Victimes) – FR TF-CBT Trauma-Focused Cognitive Behavioural Therapy UK United Kingdom UN United Nations UNCCT UN Counter-Terrorism Centre UNGA UN General Assembly UNODC United Nations Office for Drugs and Crime UNSG UN Secretary General VSE Victim Support Europe 6 How can the EU and Member States better help the victims of terrorism? _________________________________________________________________________ LIST OF FIGURES FIGURE 1 Terror threat level in Europe 13 FIGURE 2 Geography of terrorism in 2015 17 FIGURE 3 History of terrorist victimisation in Europe 18 FIGURE 4 Timeline of recent terrorist attacks in Europe 19 FIGURE 5 Global overview of terrorist victimisation from 2004 to 2013 21 FIGURE 6 Circles of Victimisation 24 FIGURE 7 Pyramid of victims’ needs 26 FIGURE 8 Examples of memorials 32 FIGURE 9 Determining victim oriented intervention 100 FIGURE 10 Phases of Disaster 113 7 Policy Department for Citizens' Rights and Constitutional Affairs _________________________________________________________________ EXECUTIVE SUMMARY In recent years, a number of States in the European Union have been subjected to horrific mass scale terrorist attacks as well as a series of individual attacks. While terrorism is not new to Europe, it is increasingly understood that beyond combatting terrorism and prosecuting those
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