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Victim Support Services in Cyprus Are Ensured

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Victim Support Services in Cyprus Are Ensured CYPRUS | Developments on the Victim support services in Cyprus are ensured implementation of victim assistance by both the State and NGO’s which specifically mechanisms aim at providing general or specialised support to victims of crime (i.e. the “Domestic Violence Association” and “Hope for Children”, both DEFINITION OF VICTIM operating Victim Help lines and Shelters). In Cyprus, one may find substantive law At State level, victim assistance services are definitions of victims, but not a general usually provided by and through relevant definition. authorities, such as the Police and the Social Welfare Services Offices, in a free of charge Procedurally, victims are defined as manner. Victims’ are therefore provided with ‘complainants’, which is to say that the notion protection, accommodation, food, regular of victim in a different sense than the one of meetings with psychologists, free legal services complainant does not exist in the Cypriot Code in case the victim does not have the possibility of Procedure. to afford it. In broad terms, the “victim” means the person National support services are available 24 hours who suffered harm (i.e. physical, psychological, and include a wide range of support and damage or economic loss) in result of a crime information, namely at legal, psychological and punishable by a given law. financial level. There one may find expert professionals, such as lawyers, psychologists or However, the different notions of victim are others, whom provide support in accordance mentioned in specific laws for the purpose of with the victims’ needs, their age or type of implementation of provisions related to crime suffered. victims. The rights to which victims’ are entitled are It is thus important to highlight that particular explicitly laid down in the Law, including the clusters of victims such as children, victims of right to: trafficking in human beings, female victims of - Have access to therapeutic treatment domestic violence as well as disabled or and psychological support (if needed); handicapped victims are treated through - Have access to urgent therapeutic specific protective measures, as the respective treatment and further medication, laws provides for. being provided by the Ministry of Health; VICTIM SUPPORT - Have access to programs and systems offered by the state or NGO’s with established agreements or cooperation liability to pay special and general memoranda with the public services; damages to his victims, including any - Public financial support (in accordance delayed debts from exploiting a victim’s with the Law provisions); labour. Moreover, according to article 36, - Security and protection ensured by the L 60(I)/2014, any victim regardless of its Police; willingness to cooperate with prosecution - Free of charge translation and interpretation services; authorities for the criminal investigation, - Protection of personal data; prosecution or trial, has access to legal - Be kept informed. advice and legal representation to claim compensation under the Advocates’ Law, RESTORATIVE JUSTICE and in the case where the victim does not have sufficient financial resources, he or Cyprus legislation does not include a she has the right to free legal aid under definition of the term restorative justice the Legal Aid Law. or any other definition with the same or similar meaning. Consequently there are Additionally, according to article 32(1), L no restorative justice services (victim – 60(I)/2014, the Police during the first offender mediation, family group contact with the victim, provides all the conferencing and sentencing circles). necessary information, in a language which the victim understands, with respect to It is worth noting that the concept the protection of the victim’s interests, restorative justice is replaced by the term which include at least the following compensation. Article 35, L 60(I)/2014, information: provides that irrespective of and without a) the type of services or organizations to prejudice to any other legal means or which the victim may seek support in remedy established under any other law or relation to legal or other advice, regulation, a victim within the meaning of b) the type of support the victim may the above mentioned Law shall have a receive in relation to the criminal legal right to compensation against all procedure, persons responsible for committing the c) where and how the victim may submit a criminal offences under this Law and for complaint against the perpetrator, violation of his/her human rights. The accused also has the corresponding civil d) the procedures following the submission A victim may have recourse to the of the complaint and the role of the victim provisions on video conferencing if the within the framework of this procedure, offence is committed in Cyprus and the e) how and under which conditions the victim makes a statement to the Police victim can enjoy protection, before returning to his/her country. Also, f) to what degree and under which the statement can be made in the conditions the victim has access to: competent authority of the victim’s (i) legal advice, or country and transmitted to Cyprus Police (ii) legal assistance, or within the framework of the Convention on (iii) any other type of advice, and, if, in Mutual Assistance in Criminal Matters the cases of (i) and (ii) the victim has such between the Member States of the a right, European Union of 29 May 2000. g) what conditions must be satisfied to According to article 37(2) of Law qualify for compensation, 60(I)/2014, a victim’s complaint against h) if the victim resides in another Member offences included in this law, who is a State or desires to go to its Member State resident of another member state and or to its third country of origin, which his/her complaint is submitted to his/her mechanism are available to defend his or residence country, is investigated by the her interests. Cyprus authorities in the same way that would have been investigated had the VICTIMS RESIDENT IN ANOTHER MEMBER victim been in the Republic of Cyprus. STATE Lastly, it should be noted that competency There is no provision in Cyprus Law which in Cyprus does not depend on the imposes obligation to the Police nationality of victim and/or offender. (investigative authority in Cyprus) to take a statement from the victim immediately INDIVIDUAL NEEDS ASSESSMENT AND after the complaint with regard to the VULNERABLE GROUPS criminal offence. Nevertheless, as a matter of practice the Police takes a In Cyprus there is not yet implemented any statement from the victim immediately protocol no for individual victim needs after the complaint or at the first possible assessment. Nonetheless, in legislation opportunity. the term “witnesses (victims) in need for protection” is used to refer to groups is also in place a training for Family Court identified elsewhere as “vulnerable”. Judges on dealing with children and on issues related with personal status. Several laws (such as on Domestic With regard to the Police training, Cyprus Violence, on Child Sexual Abuse, on Police Academy provides training on subjects trafficking of Human Beings, on Protection related to victims of crime at all levels of of witnesses) provide for measures of Police education. Specifically, such courses increased protection for such victims. Such aiming to educate Police Officers of all ranks measures include Protection Orders, Video are offered at the basic Training Programmes Recording of Statements, Court Witness for Recruits Police Officers, and at specialized intimidation measures (including giving courses such as Sergeant, Inspector and Chief evidence through CCTV) structured / Inspector Courses, and basic and advanced Crime Investigation Courses. official information of their legal rights, etc. Further to the above, Cyprus Police Academy in cooperation with relevant offices (i.e. Domestic TRAINING OF PRACTITIONERS Violence and Child Abuse Office, Combating Human Trafficking Office etc), organizes There are several existing and very significant specialized training for officers involved in forms of training for practitioners in Cyprus, criminal proceedings, who are likely to come both general and targeting, thus indirectly, into personal contact with victims, so that they crucial victims’ categories. A training program are able to identify victims and their needs and for judges and professional police training are deal with them in a respectful, sensitive, in place, the first one established on a professional and non-discminatory manner. The permanent basis by the Supreme Court above training focuses on subject matters, such (including judges of first instance courts) and as investigation of child sexual abuse cases, the second provided to the police divided into domestic violence, interviewing vulnerable four different levels. witnesses, obtaining video recorded statements, trafficking in human beings etc. In the training of judges program, judges receive regular training on the administration Further training of police officers on subject of justice, including subjects such as the matters such as investigation of child sexual conduct of judges with emphasis on the abuse cases or on interviewing vulnerable psychology of the witness and advocates, the witnesses and on obtaining video recorded study of several social phenomena, rules of statements are organised periodically, while etiquette or behavior towards the public. There short courses are organised on an annual basis on the ways to deal with child victims. Short- Span training sessions are conducted to update and refresh the knowledge of in service personnel. Such refresher courses may also be organised by any police division and can be conducted at the peripheral or central level. COOPERATION AND COORDINATION OF SERVICES Although there are no organised networks of cooperation and information exchange in Cyprus, whenever needed, the several services use their internal practice rules. There are a few examples of the above, such as the cooperation between the social welfare services and the police to victims’ identification or the organisation of training and events with the relevant offices involved in victim’s protection and assistance.
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