112TH INTERNATIONAL TRAINING COURSE REPORTSREPORTS OF OF THETHE COURSE COURSE
GROUP 1
VICTIM ASSISTANCE: PUBLIC PARTICIPATION FOR MORE EFFECTIVE CRIME PREVENTION AND LAW ENFORCEMENT
Chairperson Mr. Ghazali Bin Hj. Md. Amin (Malaysia) Co-Chairperson Mr. Maxime Antoine Tirant (Seychelles) Rapporteur Ms. Donna Lynn Caparas (Philippines) Co-Rapporteur Mr. Kouji Yamada (Japan) Members Mr. Pa Hamady Jallow (Gambia) Mr. Haruhiko Ishida (Japan) Mr. Nobuo Nakamura (Japan) Mr. Nawaz Ul-Hvq Nadeem (Pakistan) Advisers Professor Shoji Imafuku (UNAFEI) Professor Chikara Satou (UNAFEI)
I. INTRODUCTION II. PARTICIPATION OF THE PUBLIC AND VICTIMS IN POLICE The importance of public participation INVESTIGATION in the effective functioning of the criminal justice system and in preventing crimes is A. Situational Analysis an acknowledged fact. The necessity to The basic objective of police work is the encourage and mobilize citizen maintenance of law and order, the participation can not be overemphasized, preservation of peace, the prevention and because the criminal justice system can not detection of crime, the apprehension of work in a vacuum. Likewise, past offenders and the promotion of public experiences have proven that public safety. This concept of police work is participation is indispensable for the universal, even if there are slight success of any crime prevention program. differences in the procedures of each country, largely dependent upon existing As reforms to maximize citizen laws. involvement in the criminal justice system gradually take root in the individual As regards police methods and pillars, this paper will focus on public procedures of investigation, the detection involvement at the police level. The paper of criminals, collection of evidence and will cover three (3) main topics, this manner of crime reporting, the present includes: 1) participation of the public in situations in the countries represented are police investigation; 2) community policing very similar. In all countries, reporting can and 3) victims assistance at the be done in three ways: 1) personal reporting investigation stage. It should be noted to police stations (police stations, koban, however, that this paper is prepared from police counters, etc.); 2) written report this perspective of criminal justice through letters of complaint; 3) telephone practitioners, most of whom are law hotlines. However, in the Philippines, enforcers (public officers, prosecutors). certain offenses should be reported to the Barangay1; this includes offenses punishable by imprisonment exceeding one
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(1) year or a fine exceeding 5,000 pesos. At this point, it should be noted that the Examples of these offenses include slight group had a lengthy discussion on whether physical injuries, slander, threats, theft, to expect the public to conduct citizen evicition, family or marital relations, arrests or not. According to some collection of debts, damage to property and participants, the police expect the public other petty quarrels amongst neighbors. to exercise their right of citizen arrest Malaysia has “paperless investigation”, because the police can not be everywhere, wherein reporting is only inputted in a everytime. The representatives from computer file. Gambia, India, Pakistan and the Seychelles declared that this expectation Unlike other countries, whereby is appropriate since the laws of their vicitims and witnesses are not legally country provide for this. Any private bound to report crimes, in Pakistan every person may arrest or cause to be arrested person is legally bound to report the any person who in their presence commits commission of certain offences like murder, a non-bailable and cognizable offense, and robbery, dacoity and bribery. without unnecessary delay, shall take any person so arrested to a police officer or The police should make an effort police station. According to the laws of towards ensuring that the public these countries, every person is bound to understands their role in the investigation assist in the prevention or suppression of process, so as to encourage maximum a breach of the peace, or in the prevention participation. The public must assume of any injury. However, Japanese some sort of a shared responsibility in the representatives noted that the police maintenance of peace and order in the should not expect the citizens to make an community, even if the primary arrest. They also noted reservations responsibility of enforcing law and order especially in relation to the issue of “mob still rests with the police. justice” and “arrest without warrant”.
The police expect the public to cooperate B. Hindrances that Impede Public with them specifically at the three stages Participation and Cooperation of the investigation process. As regards The best performance index for the crime reporting, which is considered to be police service is the quality of the the first stage, the police expect the public relationship established between the police to willingly report crimes and unusual and the community they serve. The incidences. The second stage, which perception of the community by the police, involves collection of evidence, the police and vice-versa, accounts for the kind of expect the public to provide information, police-community relations that prevail. be willing to be a witness (by giving police Favorable public perception suggests statements), identifying suspects, acceptable police behavior and ready public recognizing weapons, etc, and by not support. An unfavorable image spells tampering with evidence. During the trouble. It should be noted that public apprehension or arrest stage, the police perception is rather negative in some expect the public to assist in locating countries. suspects, giving information (hideouts etc), providing logistical assistance like Police effectiveness is derived from transportation and communication, if external focus on how the community necessary. perceive their activities, and their willingness to help in enforcing the law. It
260 112TH INTERNATIONAL TRAINING COURSE REPORTS OF THE COURSE is therefore important that good police- media to access investigation; create community relations be nurtured, as this an atmosphere of fear for the victim; will increase community involvement in prejudge the situation; discriminate crime prevention and control processes. because of race, colour or religion; or The public has valid input for a better work for possible reconciliation police service. without permission from the victim. Some specific examples of secondary 1. Police Factors (Negative Police Image) victimization are: showing (a) Unsatisfactory Police Performance photographs of the family members When the police do not detect and killed, investigating a victim investigate criminal cases sufficiently immediately after undergoing severe and effectively, this prevents the medical treatment, arbitrary public and victims from counting on scheduling of questioning, or having and cooperating with the police. At the victim relate the story too many present, a number of deficiencies times. affect police performance (c) Low Police Morale (i) Police human resources: The morale of police officers affects • Insufficiency of investigative their performance. If they have low skill, manpower and legal morale and do not have the right knowledge. attitude towards their work, the kind • Inflexibility of police officers. of service rendered to the public is • Insufficiency of coordination shortchanged. amongst law enforcement agencies and with other (d) Political Influence government offices. Police fear reprisals as they can be (ii)Logistics: transferred or reassigned to a remote • Insufficiency of not only area or a less important position if modern but basic equipment they refuse to cooperate with and supplies. influential politicians.
(b) Lack of Awareness Regarding Issues 2. Public and Victim Factors of Victims (Secondary Victimization, (Uncooperative Attitude) Victims’ Rights, Sensitivity to the A basic condition for an effective and Plight of Victims etc.) efficient criminal justice system is the Some police officers are not even genuine trust and confidence of the general aware that they commit secondary public. It is this trust and confidence that victimization in the course of their spells the difference between an actively investigation. The routine of police supportive public and an apathetic work sometimes causes them to be community. Encouraging citizens to get indifferent and callous to the plight involved is no easy task. Currently, the of victims. Secondary victimization following conditions of the uncooperative can be committed in the cource of attitude of the public are observed in some police questioning. Such of the participating countries: victimization occurs when the police cause unnecessary delay; ask (a) Uncooperative Attitude due to Fear unnecessary questions; make of Political Interference in the Police unnecessary remarks, allow the Process
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Public and victims in some countries much about the good of society and fear that nothing will come of the think only of themselves. investigation, in spite of their efforts, because someone more “influential” (d) Lack of Incentives for the Public has a hand in things (incidences of The public do not have enough whitewash; political vendetta; incentive to assist in the investigation complaint not being entertained process. They are expected to dole because of the political leaning of the out money for transportation to and victim or witness, etc.) from the police station, and to sacrifice possible earnings because of (b) Uncooperative Attitude due to spending time for the investigation. Pressure from the Community Often times, their efforts go (Traditional Values) unrecognized. In some countries, the concept of justice is heavily culturally laden. (e) Lack of Awareness of Criminal Victims and witnesses are often Procedures reluctant to report crimes for fear Most people are uninformed about that it will affect their stature in the proper way of reporting crimes or society. They are likewise concerned filing a complaint. They are often about less confidentiality in a also not aware of distinguishing the communal society, wherein people various types of offences and such tend to talk about and make fun of situations may discourage them. the misfortunes of others. This situation may bring shame for the 3. Unfavorable Environment Created by victim and their family if the event Mass Media occurred because of their own The Media has to play a positive and negligence or if the offense is delicate constructive role as a channel of (eg, those involving sexual offenses). information and as a line of communication Since most communal communities from the government to the people, and are quite small and people know each from the people to the government. Media other, victims and witnesses often must make the public more aware and fear reprisal from offenders or from conscious of the problems of criminality, the the offenders family and friends. sociology of crime, the machinery of the There are even instances wherein the criminal justice system, the imperfections community would view their and problems besetting the criminal justice reporting or cooperation with the system, and the arduous process of police as a “breach of brotherhood”. prosecution. In the Philippines, this breach of brotherhood is a violation of the value However, untoward events are of “pakikisama”2. In Gambia, this is sometimes caused by the media. Media called “badia”3. sensationalism, unfortunately, creates a negative impact on public trust and (c) Uncooperative Attitude Due to cooperation. Media sensationalism is Materialism and Individualism identified as a common problem in all Another observation is that people countries. Some media practitioners give are uncooperative because they are particular “colour” to issues to add to the too busy earning a living and do not commerciability of the medium. like to be bothered. They do not care Sometimes they go to the extent of
262 112TH INTERNATIONAL TRAINING COURSE REPORTS OF THE COURSE glorifying crimes and criminals, and countries. However, an independent practice irresponsible reporting. performance evaluation scheme, like that practiced by the Public Safety C. Recommendations Commission of Japan and the 1. Police National Peace and Order Council of (a) Enhancing Police Education the Philippines, seems more Improve the treatment of crime appropriate to truly effect an victims by enhancing police education unbiased evaluation. in the fields of human psychology, victim sensitivity, and crisis (c) Promote Better Relationships with the intervention, especially in handling Public domestic violence cases and sex The police must make a conscious offences. Such training programs are effort towards creating a conducive currently being locally conducted in atmosphere for the public to report Japan, Pakistan, the Philippines, and crimes. One strategy is community the Seychelles. Police officers in policing. Gambia and the Philippines are also trained overseas for this purpose. In (d) Equipment and Supplies Malaysia, training for senior police Provide basic equipment and officers is held every year and an supplies, and procure modern international police training course equipment by tapping available is sponsored by the government resources from the government and which is participated in by private sector. However, conditions neighboring countries like Brunei. In for donations from the private sector the USA, all police officers are given should be properly laid out by each training on victim’s rights, how to country. treat people in distress, crisis intervention and other victim issues. (e) Provide a More Comfortable Proper police education should be Environment for Victims and continuously conducted to meet Witnesses victims with respect and sympathy, Providing a condusive atmosphere for and to make diligent efforts towards crime victims and witnesses means not hurting their feelings, and establishing specific windows/ avoiding secondary victimization. counters for victims, providing receiving rooms, deploying courteous (b) Improved Police Performance police officers to man the counters, The best image-building program is and providing women investigators good police performance. Efforts for victims of sexual crimes or should be made toward achieving domestic violence. higher crime solution rates, promoting better police Japan has provided victims with a accountability and preventing receiving room. Malaysia has corruption. Such effort can be installed ‘Victim’s Counters’ in police maintained by means of the proper stations and has a Mobile Police monitoring of police services. An Complaints Center (bus) which can internal system of inspection and be deployed to the scene of the crime. monitoring in the police force is The Philippines has established currently being practiced in all ‘Women and Children Concerns
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Desks’ nationwide. Policewomen to referral to the family court); (2) in investigate crimes of domestic prosecuted cases, the name of the violence and sexual offenses are court and the date of the trial; (3) the common in Gambia, Japan, Malaysia, result of the judgement, sentencing, Pakistan, the Philippines, and the whether to appeal to a higher court; Seychelles. (4) the summary of the prosecuted offences, the heading and summary (f) Provide Information to Victims and of the non-prosecution, whether to Witnesses detain, bail etc. The police should provide sufficient information to victims and witnesses, (g) Strengthen Coordinative Mechanisms including explanation of criminal with other Government Agencies justice procedures, available services, The police should maintain status of the case investigation, and coordinative mechanisms with other situation of the offender. government agencies. One of the measures recommended is the A victims notification system is deployment of police personnel in currently being practiced in Japan hospitals. A police counter is and the Seychelles. In the Seychelles, recommended at least at the district a Complaint’s Acknowledgement hospitals. This is currently being Form is issued to victims upon practiced in Gambia and Malaysia. reporting a crime. The form consists In these countries, police counters are of the complainant’s name, address, set up in district hospitals so as to date and time the report was made, assist and/or monitor unusual particulars of the compliant, name of occurences which necessitate medical the officer receiving the complaint, attention. By setting up police the case number, relevant telephone counters in the hospital, victims or numbers, date on which the victim witnesses are provided with easier may check back for the outcome of the access to police services and case. therefore encourages reporting. Likewise, the police can also look The notification program to victims after or monitor suspicious in Japan is based on the Code of occurences (i.e patients with gunshot Criminal Procedure, wherein a public wounds, etc). prosecutor should promptly notify the complainant, accuser or claimant of (i) Provide a System for Reimbursing the result of the disposition (CCP Transportation and Allowances for article 260, CJLJ p. 129). Therefore, Victims and Witnesses the notification program to victims In Japan, victims and witnesses are was launched on 1 April 1999. When provided with actual transportation the victims, a bereaved family reimbursement, accommodation member or witnesses desire expenses, and allowances ranging notification, a public prosecutor shall from 5,000-7,000 yen. inform orally or in writing as follows; (1) the disposition of the case (e.g. (j) Victims Complaint Sections or prosecution for the formal trial, Grievance Procedures prosecution for the summary Establish a victims complaints proceedings, non-prosecution or section or a grievance procedure
264 112TH INTERNATIONAL TRAINING COURSE REPORTS OF THE COURSE
within the police station and an (Police Commission), and the independent body for complaints Philippines (National Police against the police (disciplinary body). commission). These commissions The independent body being proposed involve representatives from the can be similar to the Peoples Law public. The purpose of these Enforcement Board of the Philippines commissions is to supervise and or the Public Complaints Bureau in administer the police force, and to Malaysia. People empowerment, as draw out policies for the police. a strategy in the administration of police, finds actualization in the The Public Safety Commission of organization of the People Law Japan consists of a chairman who is Enforcement Board (PLEBs) in the the Minister of State, and five Philippines. Under R.A. 6975, the members. The members of the PLEBS are vested with the Commission are appointed by the jurisdiction to hear and decide Prime Minister, subject to the citizen’s complaints against the approval of both houses of the Diet. police. PLEB members are appointed The National Public Safety by the local executive on the Commission was founded 1954, and recommendation of the local Peace it has since played a significant role and Order Council. PLEB members in securing democratic are acknowledged and respected administration and the political individuals from the community. neutrality of the police. The major tasks of the National Public Safety The Public Complaints Bureau of Commission are administrative Malaysia is under the Public Services supervision over police activities Commission and is responsible to the relating to national public security, Prime Minister’s Department. Its and coordination of the police task is to receive all complaints administration, by the formulation of against public servants. The standards for activities by police complaints will be referred to the personnel. proper department concerned and that department will investigate and The Malaysian Police Commission take the necessary action. The said was formed under the Police Act department is also asked to report it’s 1967. The Commission is chaired by actions to the Complaints Bureau. the Minister of Home Affairs and the The report of the complaint will be members are appointed by the furnished to the complainant. Minister from amongst representatives of the judiciary and (i) Establish an Independent Institution former senior government officers. or Committee to Monitor Police Its role and function includes matters Services of discipline and career improvement Monitoring of police services should (promotion). be done by a separate independent agency. This is being practiced in 2. Public and Victims Gambia (Police Commission), Japan (a) Initiate or Intensify Public (Public Safety Commission), Hong Information and Education Kong (Independent Police Programs (with Particular Emphasis Complaints Council), Malaysia on the Procedural Stages of the
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Criminal Justice System; the Role of public information, to enhance accessibility the Public in the Criminal Justice of information to the media. Process, etc) • Police to conduct public education The criminal justice system can engage programs by community seminars the forces of the mass media, along with or dialogues, and/or by target vigilant citizen action at the local level, in groups (students, office workers, the effective fight against crime. Thus, a housewives, etc). radio, TV and print communication plan • Exhaust the use of radio, TV and on the criminal justice system should be print for criminal justice launched to inform the public of its critical information and education (print role in the prevention and control of crime. and broadcast). Public appearances on radio and television • Work for the inclusion of such programs by law enforcement officials and subjects in school curriculums - other criminal justice personalities serve formal education. to assure the people of the government’s sincerity in cracking down on organized (b) Public Information crime groups and other criminal elements. Initiate moves to institutionalize the police duty to provide necessary III. COMMUNITY POLICING information to the public, especially A. Community Policing Concepts victims and witnesses, on the case 1. Common Understanding progress; information on available Community policing is an activity to services like witness protection, attain the police objectives of maintaining providing information on hotline peace and order, preventing crimes and numbers in case of emergencies, etc. promoting public safety. Community policing works on the assumption that (c) Adopt a Reward System for the Public crimes cannot be adequately met by law The police should always appreciate enforcement and coercion. the efforts made by the public. This recognition can be made by awarding Community policing is both a goal and certificates of appreciation to an organizational strategy that allows the individuals who have rendered police and community residents to work exemplary assistance, specifically closer together in new ways to solve during police anniversaries or problems of crime, fear of crime, physical ceremonies. The reward may also be and social disorder. Community policing a monetary token. Such appreciation envisions the police will actively engage in may encourage more people to larger social issues. become involved. Community policing emphasizes a 3. Media Management cooperative relationship between the police The police must initiate diligent efforts and the community, It is a system of toward giving the public the right policing mobilizing the community to solve information. This can be done by the problem of crime and for ensuring coordinating with the media and by issuing public safety. The objective of community official police press releases, regular policing is to establish a closer relationship conduct of media dialogue, and by with the community to attain better public establishing an office in the police service participation for more effective police work. which is responsible for public relations or
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Community policing is geared towards partnership aimed at solving crime prevention and crime control by community problems. promoting awareness, disseminating information, education and mobilization. It (b) The Community Must Actively should be noted that the flow of information Participate in Crime Prevention is a very vital factor in community policing. Community policing puts a greater Information can be channeled from the degree of accountability and police to the public; from the public to the responsibility on the community. police. Community policing is pro-active Community policing should indicate rather than reactive. a sense of ownership from the community - “this our police”. 2. The Purposes of Community Policing There are four identified purposes of There are three (3) basic types of community policing: crime prevention: • Social/community crime (a)To encourage police/citizen prevention - social development partnerships for crime prevention. programs. (b) To foster and improve communication • Crime prevention through and mutual understanding between environmental planning and the police and the community. design. (c) To promote interprofessional • Situational crime prevention - solutions to community problems, target hardening, reducing and the principle that the response opportunities and temptations to to crime is ultimately a total commit crimes. community responsibility. (d)To enhance participation and There are four levels of involvement in cooperation of the public at all levels community policing: of the criminal justice system (police, •1st level - No objection prosecutors, courts, corrections and •2nd level - Agreement/consent rehabilitation). •3rd level - Support •4th level - Involvement 3. Essential Elements of Community Policing (c) Community and Police Jointly There are three (3) essential elements Responsible for Community Safety of community policing: and Solving Community Problems Community policing adopts a simple (a) Police Must Understand the Needs problem solving model to facilitate and Expectations of the Community the exchange of information between Community policing is the goal that public and private agencies, guides the attitudes of officers when community groups, and all those who interacting with the community. The become part of the problem solving police assume a much bigger role. process. In community policing, the Community-policing is problem police and the community assume oriented policy; officers are more dynamic roles. Crime encouraged to make decisions about prevention is seen as the shared how to analyze problems, develop responsibility of the police and the appropriate responses, and interact community. Fostering effective responsibly with the community in a partnerships to solve problems is
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crucial because of the scarcity of type police outposts called Chuzaisho5, and resources. by those who patrol in squad cars.
B. Community Policing Practices in Neighborhood watch, conducted by Participating Countries citizen patrol groups, is also a significant 1. Situational Analysis (Practical activity of community policing. In the Implementation) Philippines, this community patrol (Ronda) The overall mission of community is conducted by the Barangay Tanod or policing is to carry out community safety village watchmen. In Washington, DC, activities to ensure the safety and peace of USA, this program is called the Orange Hat community residents, and to perform Program, wherein residents patrol the initial-stage police action in immediate streets using orange hats. The same response to any event related to the police. scheme is practiced in Kenya, in which To better accomplish this mission, the residents of an estate organize themselves community police seek to take into account into vigilante groups to perform patrol the opinions, suggestions and requests of duties at night on a shift basis. The City community residents, and to tailor police Rangers in Papua New Guinea conduct the operations to the specific needs of each same type of citizen patrolling. In community. Pakistan, community policing includes a village watch and patrol system, Community policing is carried out by the organization of Citizen Police Liaison conduct of a wide range of activities Committees, Khuli Kacheris6, Khidmat including crime prevention activities and Committees7, Jirga System8, and Union crime solving/exposing activities; and Municipal Councils. maintaining constant alert day and night; patrolling neighborhoods; exercising street 2. Problems vigilance; visiting families and businesses Consequently, the identified problems to give advice on the prevention of crimes encountered in implementing community and accidents, and listening to their policing are the following: troubles and requests; holding traffic safety classes and crackdowns on traffic violators; (a) Resistance of police officers to change. giving counsel to juveniles; protecting the (b)Lack of manpower - the group drunk; protecting lost children; offering realized that effective community counselling on troubles and problems. policing is manpower intensive. (c) Lack of logistics - the group pointed Community policing is considered as a out the problem of resource major project in Canada, Colombia, Japan, maintenance and “sustenance”. Kenya, Malaysia, Papua New Guinea, (d) Lack of leadership and commitment Pakistan, the Philippines, Singapore, on the part of police officers and Thailand and the USA. Some elements of community leaders. community policing are being done in (e) Lack of participation from the public. Gambia and the Seychelles. Community (f) Strong traditional customs and policing will be introduced in Egypt soon. beliefs.
In Japan, community policing is mainly It should be noted that according to the performed by community police officers participant from Gambia, community posted at street corner police outposts policing is unlikely to succeed in some areas called Koban4 police boxes and at resident- in West Africa because of strong traditional
268 112TH INTERNATIONAL TRAINING COURSE REPORTS OF THE COURSE customs and beliefs which make activities a certain police precinct and gives the of community policing impossible to necessary support like logistics and implement. However, other participants training, and even provides some opined that the principle of “Rule of Law” police benefits like scholarships for should prevail. the children of model cops. In Malaysia, the “Wakaf”8 system is 3. Countermeasures widely practiced. This can be Recommendations for improving exemplified by assistance to community policing are the following: government by private corporations. For example, a private construction (a) Police Organizational re-structuring firm who has built a residential This can be done by: subdivision may donate a police (i) Re-orientation/re-training: station, including a housing area for changing the mindset of the police police personnel. on their role. (ii)Institutionalization of community (d) Continuous Public Education policing as a fundamental aspect Exhaust all possible areas of of basic policing. communication (TV, radio and print (iii)Providing greater job challenge. media) and intensify community contact activities (seminars, (b) Adopting a More Innovative dialogues, home visits, business Deployment Strategy visits, etc). This can be realized by: (i) Internal reorganization: re- (e) Public Education on the “Rule of Law” examining the prevailing In countries where the public are not situation and pertinent issues receptive to any kind of policing, such as decentralization, public education should be initiated development of career generalists regarding the ‘Rule of Law’. rather than specialists, providing more flexibility and discretion to (f) Improving Public Participation in frontline officers (after proper Community Policing training), and evaluating (i) Initiate good public relations recruitment programs. programs - give sufficient, and (ii) Utilize technology to free up proper information to increase the manpower resources. public’s knowledge of police work. (iii)Tapping community volunteer (ii) Initiate measures to have more groups. contact with the public (home visits, office visits, community (c) Tapping Available Resources in the dialogues, school visits, etc). Community (iii) Initiate an integrated crime Liaison with business groups, NGOs, prevention strategy: Homeowner Associations etc, and (a) Identifying community maintain a good level of coordination sectors (core group or and networking. Some programs catalysts). recommended include “Adopt a • Identifying sectors Precinct” which is practiced in the vulnerable to crime. Philippines, wherein a certain civic • Identifying sectors who organization looks after the needs of have influence.
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• Identifying sectors who criminality is not solely a police problem are instrumental in but a shared responsibility. The bringing about change. precipitating or major causes of crime have (b) Identifying target groups: been brought to the consciousness of not • Juveniles only the victims, offenders and the police, • Retirees but also to a wider spectrum of society that • Parents/Teachers includes the media, religious sector/church, • Businessmen legislature and the whole community. (c) Identifying crimes of major concern and work for their IV. VICTIM ASSISTANCE solution. A. Definition of Terms (d) Deployment of more police Based on the UN Declaration of Basic officers on the beat. Principles of Justice for Victims of Crimes (iv) Initiate measures of making the and Abuse of Power. police service more accessible and more friendly (installing 1. Victim structures like the Koban or Persons who, individually or collectively, Chusaissso, neighborhood police have suffered harm, including physical or posts). mental injury, emotional suffering, (v) Adopt a comprehensive and good economic loss or substantial impairment of communications plan (public their fundamental rights, through acts or information program, information omissions that are violations of national and education campaign). criminal laws or internationally recognized (vi) Being more sensitive to norms relating to human rights. community feedback - regular conduct of needs assessment 2. Secondary Victimization surveys, and police performance Victimization which occurs, neither as a and evaluation surveys. direct result of the criminal act nor a further victimization, but through the A lot of ground has been covered by the response of institutions (hospitals, media), combined efforts of the government and the criminal justice agencies (police, community as far as crime prevention and prosecution, courts, corrections) and control are concerned. On a macro-level, individuals to the victim. several measures, like systematic and organizational changes, and new policies B. Effects of Victimization have been introduced to enhance 1. Physical Effects government capabilities to address Physical injuries, physical effects problems of peace and order. On a micro- including insomnia, appetite disturbance, level, the police have shifted from the lethargy, headaches, muscle tension, traditional reactive, incident-triggered type nausea and decreased libido, physical of policing to a proactive, problem-solving, damage - abrasions and bruises, etc. community-orientated policing system. 2. Financial Effects The adoption of community policing has • Repairing property or replacing resulted in a quantum improvement in the possessions relationship between the police and the • Installing security measures community. This has resulted in a new • Accessing health services partnership and increased awareness that
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• Participating in the criminal justice information about the CJS. system, i.e attending trial • Obtaining professional counselling D. Types of Services Provided to • Taking time off to work or from other Victims income generating activities 1. Crisis Intervention • Funeral or burial expenses Crisis intervention should seek to ensure • Relocation the safety and security of victims. At the • Loss of employment same time, it should provide an opportunity for the victims to tell their stories, their 3. Emotional or Psychological Effects reactions to the incident, to be assured of The extent which people may be affected the validity of their reactions and prepare by crime will vary from one individual to themselves for dealing with the aftermath another. At one extreme, people may shrug of the incident. off very serious incidences with no noticeable effects, while at the other Emotional support during crisis extreme, people become “stuck” in a intervention counselling may include particular stage and never move on. People notification of death and occasions for the who suffer from such emotional effects are identification of the body, and notification diagnosed of having Post-Traumatic Stress of the offense to the immediate family. Disorders. Direct assistance can be done by emergency referrals or direct assistance with medical C. Victim’s Needs care, shelter, food, dependent care, property Individual victims have individual repair and substance abuse treatment. needs. There are 5 recognized needs of Meeting the immediate need for clothing, victims. However, some victims may have emergency/protective shelter, money and only one or two needs, depending on the transportation, clean-up of the crime scene impact of the crime on them: and emergency repairs, protection through restraining orders, etc. Information should (i) Emotional need - recognition of likewise be provided to meet the immediate “own” harm from the Criminal needs, and victims rights and concerns, like Justice System (CJS): information about emergency financial • Recognition that there is violation assistance. inflicted. • CJS should initiate efforts so that 2. Counseling the community and the offender The incident may trigger stress reactions can recognize the harm. during the processes of the criminal justice (ii)Emotional need: support from the system, and after the trial. Victims may community (e.g specific sectors of again be traumatized by the verdict, society like religious groups, victims sentence, etc. Some victims simply take groups, etc) as well as from family longer to begin to cope with their and friends. victimization and to reconstruct a new life. (iii)Financial need: reparation for the harm. Emotional support can be in the form of (iv)Protection and security needs: supportive individual and group effective protection from re- counselling. Direct assistance may involve victimization or retaliation. referrals to or direct assistance with (v) Need of being informed: information protective shelters. Information should about the offender, the offense and also be given as to how to prevent further
271 RESOURCE MATERIAL SERIES No. 56 victimization and substance abuse, prevention on further victimization. information and referrals for social, physical health or mental health services. E. Situational Analysis Please refer to Annexure 1, programs/ 3. Advocacy activities on assisting victims currently General advocacy services, in order to being practiced in the participating provide assistance with applications for countries. victim compensation or private insurance, intervention to ensure the continuity of the F. Victims Assistance Programs victims credit, housing or employment, As understanding and awareness of the assistance with protection through effects of crime has grown, so to the protection orders, relocation or shelters for responses to crime have become more victims when needed, in order to ensure complex. Research has brought issues such access to the trial. as re-victimization and harassment to the forefront, and victimization surveys have 4. Examples of Police Support During highlighted different levels of risk and the Investigation problem of witness intimidation. All these (i) Emotional Support developments have illustrated the need for Accompaniment to occasions for the a community response to crime. identification of the accused and to other criminal justice interviews; Victim assistance is committed to accompaniment to evidentiary providing people affected by crime with examinations; accompaniment of appropriate and sufficient recognition, victims for the identification of support and information to help them deal bodies, the crime scene and evidence. with their experience, and to ensuring that their rights are acknowledged and (ii) Direct Assistance advanced in all aspects of criminal justice Assistance with the prompt return of and social policy. property, victim compensation, restitution, protection orders, 1. The Goals of Victims Assistance shelters or safe places available to Programs victims. The goal of a victim service program is to assist victims in dealing with emotional (iii)Information trauma from participating in the criminal At first contact with the criminal justice process, obtaining reparation and justice system, provide information coping with associated problems caused by on the progress of the investigation; the impact of victimization. information on the criminal justice process; information on the rights of 2. The Objectives the victims at the scene of the crime The objectives of the program is to do and later in the criminal justice the following: process; provide information on the (a)Increase the commitment of detention of the suspect, bail, bond, governments and organizations to do measures to assure reparation, the all that is possible to assist victims. protection of evidence for forensic (b) Increase the range and availability examination; information on medical of services for victim from the time of assistance at the forensic the victimization, and throughout the examination; and information on the aftermath.
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(c) Expand the victim’s opportunities to military or high ranking government participate at all critical stages of the officials criminal justice process, and to ensure consideration of the impact of 4. Police Role in Victim Assistance victimization upon the victim in all (a) Onsite-crisis intervention criminal justice systems. (b) Securing medial assistance (d)Increase coordination and (c) Information regarding their rights networking of all appropriate (d) Referrals to services and resources agencies, organizations, groups, and families, kinship and community 5. Evaluation support systems providing services to Evaluating the strengths and victims or affecting the treatment of weaknesses of a victims support victims, in order to develop an program initiated by the police against integrated system of victim those Initiated by volunteer groups. assistance. (e) Improve the quality of outreach to G. Recommendations and treatment of victims in need. 1. Strategies (f) Be aware of the unique needs of (a) Work for the establishment of an under-served and new victim integrated victim’s support system or populations. establish a network of agencies to provide comprehensive services. 3. Special Victims Groups The group members agreed to identify (b) Establish a victim’s support unit special categories of victims’ groups which within the police organization (every need professional and specialized police officer has to have a chance to assistance: work in the Unit - job rotation after (a) Domestic violence victims proper training). Special counters for (b) Juvenile victims women, or women and children’s (c) Victims of organized crime concern desks are established in (d) Victims of sex offences Japan, Malaysia, Pakistan, Papua (e) Victims of crimes involving police or New Guinea, the Philippines and the
Police Volunteer Groups Strengths Strengths • More control and more manageable. • Maximize public involvement. • More specialized personnel trained. • Reducing costs for CJS. • More impartial. • More accessible to specific types of • More accessible for general types of victims (violence against women, victims. violence against children, etc).
Weaknesses Weaknesses • Limited police budget - scarcity of • No guarantee of confidentiality of funds. information. • May lack the needed training . • May have a particular agenda.
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Seychelles. and other publications for companies who see the merit of (c) Encourage the establishment of being associated with such a victim’s support groups initiated by worthy cause. private and non-governmental (b)By investing in services like organizations similar to the Shizuoka training, research and Victim Support Center and Mito information campaigns. Victim Support Center of Japan (c) By becoming a volunteer - (please refer to a more detailed volunteers contribute in a variety explanation in Annexure 3- victim of ways, from offering support programs). administrative services, assisting in publicity and fundraising, (4) Provide specialized programs for helping victims cope with the victims of special categories of crime: effects of crime, and as witnesses (a) Domestic violence victims(e.g in court, etc. Malaysia, Philippines); (d)Becoming a friend - annual (b) Juvenile victims (e.g Philippines); donations. (c) Victims of organized crime (e.g Japan); The issue of victims’ assistance is a (d)Victims of sexual crimes (e.g relatively new phenomenon. A lot of issues Malaysia, Philippines); should still be addressed to improve the (e)Crimes involving police or participation of victims and the public in military or high ranking the criminal justice process. Efforts to government officials (e.g improve the plight of victims, however Philippines - provided by the meager, prove that governments recognize Commission on Human Rights, or the importance of the role they play in the the National Police Commission). justice machinery.
(5) Provide victims with information on V. CONCLUSION the available services by employing The effective, efficient and fair suitable measures, depending on the administration of justice lies in the smooth conditions in the country. Examples: and expeditious functioning of the criminal set up a referral system, employing justice system at different stages and victim’s advocates (USA). levels. The flow of cases at these levels comprise the workload of the machinery, (6) Encourage citizens to get involved in given the interlocking relationships victims support programs. The amongst the components of the criminal community can get involved in victim justice system- law enforcement, support programs by: prosecution, courts, corrections and the (a) Being a sponsor: victim support mobilized community. Each component produces and supplies a growing must strive to be a coherent, efficient and range of information leaflets for effective unit for the whole system to fit people affected by crime. The cost neatly together. Of the five components, of production, translation, and the law enforcement pillar constitutes the distribution of the material is most critical stage, as it defines the sometimes very costly. Victims workload of the entire criminal justice support offers many opportunities system. to sponsor information leaflets
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Public cooperation is vital for the system public discussion with all parties to work effectively. Public trust and involved. confidence is built upon a firm knowledge of a criminal justice machinery that is able Sustained efforts towards providing to deliver justice speedily, accurately, fairly proper avenues for public participation is and accessibly. Encouraging the a good step towards maximizing citizen community to get involved is no easy task. involvement. Public participation can be Certain preconceptions in the minds of the achieved in the investigation process, public have to be reshaped for them to community policing programs and victim’s better appreciate their role in effective assistance programs. Governments have crime prevention and the functioning of the to ensure that these opportunities are criminal justice system. present and that the public is properly informed about them. As regards crime prevention, strategies should include the seven elements ENDNOTES identified by UNICRI (presentation of Dr, 1 Community or village organization; the Uljesa Zvekic), to include: smallest political unit in the Philippines. (i) The promotion of active crime 2 Filipino values pertaining to communal prevention policies to accompany law relationships; expectations on the issue enforcement and criminal justice, of brotherhood. based on international experience 3 Gambian value of brotherhood. obtained through effective projects 4 Japanese police boxes. developed by the United Nations and 5 Japanese residential police boxes. other relevant international 6 Open public gatherings which are held organizations. at various places of a district and (ii) The development of long-term plans, division, chaired by the deputy even though public opinion might ask commissioner and commissioner, for short-term responses to crime. respectively. (iii) Improved coordination between 7 Volunteer committee to assist police in crime prevention activities at the crime prevention. national, regional and local levels. 8 Arabic term meaning ‘generous gift’. (iv) Encouragement of the public to be 9 Council of Elders of a tribe or a tribe or involved in crime prevention, by a number of tribes which settle all strengthening the community’s issues within the region. confidence in the police. (v) The promotion by law enforcement and criminal justice agencies of the safety and security of persons and property. (vi) Treatment of victims with respect and understanding of their needs, and the provision of prompt assistance and information about their rights. (vii) The regular monitoring of crime prevention programmes, based on reliable information, analysis and
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ANNEXURE 1 SUMMARY OF VICTIM PROTECTION AND VICTIM SUPPORT LEGISLATION AND PRACTICES IN THE COUNTRIES REPRESENTED
COUNTRY MEASURE BRIEF EXPLANATION
GAMBIA VICTIM Although there is no victim protection program in PROTECTION Gambia, there is some protection available in special cases. This is offered by the police. In most cases, where a victim fears revictimization or molestation by others, the police provide protection in the form of surveillance of the victim’s residence. When it is absolutely necessary, an armed guard is provided. The victim is also provided with the numbers of the nearest police stations, in case of emergency. At worst, the offender is detained or re- manded in custody for the safety of the victim. The victim is also assigned an investigative officer whose task will be counselling.
VICTIM SUPPORT Victim support is available only during natural disasters such as flood, outbreaks of fire, or heavy storms. Here, there are support group such as the Red Cross and other voluntary organizations. These organizations will provide support to the victims both in cash and kind.
THE SEYCHELLES VICTIM There is presently no victim support scheme in the PROTECTION Seychelles, however such a scheme is deemed important to alleviate the plight of the victims of crime. Similarly, no official witness protection scheme exists, however such protection is carried at the discretion of the commissioner of police, in special circumstances.
PAKISTAN VICTIM Deployment of police contingent or security guards at the PROTECTION residence of the victim. Issuance of firearms license for self protection. Installation of police hotlines. Daraullaman (Female Hostel).
VICTIM SUPPORT Establishment of police counters at hospitals. Many NGO’s have their emergency centers in cities and along the highways where the facilities of hotlines, as well as ambulances, are available. Women at police stations.
MALAYSIA VICTIM Actual Situation PROTECTION • Royal Malaysia Police (RMP) have no specific victim AND SUPPORT units/victim support centers. • We have standing orders/ administrative orders to treat victims with dignity, empathy and information. • The role of RMP in victim protection and support is more of referral to existing agencies such as the Social Welfare Department and NGOs.
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• Protection is given depending upon the merits of the case. The witnesses are given protection when there is a threat on life or property. This must be followed with an official police report. If not, security will be given on an ad hoc basis. • Victim protection and support is given in cases such as rape, domestic violence and child abuse, by the Social Welfare Department with the assistance NGO’s. • Less than 10% of domestic violence cases are being prosecuted because of: (a) Withdrawal of complaint (b) Reconciliation (c) Referred to religious department (for muslim families) • Women police officers have been assigned to such care roles. • There are no major crimes involving big numbers of victims and the record shows that the probability of future violence is less. • Most cases of causing hurt in domestic violence are classified under Sec. 323 pc. This is a non-arrestable case, and an order to investigate must be given by the deputy public prosecutor.
Should Police Organizations Have Victim Units? Strengths • Control of the situation. • Information on who the victims are. • Ability of services; referral. • Emotional support. • Assurance of safety for victims and witnesses. • Assurance that the actions of the victim or witness is normal. • Strengthen the police awareness of avoiding secondary victimization. Weaknesses • Cannot depend on volunteers only. There must be professionals. • Security is not guaranteed. • Specific job creates boredom and no job satisfaction. • Extra job/ manpower. • No specific budget.
Victim Support Unit Must be Under the Deputy Public Prosecutor Office, Why? 1. Legal Implications: • Amendment of laws • Budget • Personnel
2. Order to investigate can be given by e-mail, it is not necessary that the investigating officer submit the investigation paper. Not every district is provided with a public prosecutor.
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Countermeasures Due to a low budget and administrative problems, the existing police personnel of all levels should be aware/ knowledgeable about victim’s rights. This will avoid secondary victimization and unnecessary work pressure.
THE PHILIPPINES LEGISLATION The Witness Protection, Security and Benefit Program The Witness (WPSB), under Republic Act No.6981, is a recent legislative Protection, enactment granting witnesses certain rights and benefits Security and and defining their responsibilities, if admitted into the Benefit Program program. Apart from the primary benefit of security and (WPSBP) protection, witnesses may be given any or all of the following benefits under the program; 1) secure housing facility for high-risk witnesses; 2) financial assistance to witnesses and their dependents, ranging from a minimum of P3,000.00 to about P15,000.00 in certain cases; 3) travelling expenses and subsistence allowance; 4) medical and hospitalization assistance; 5) housing or rental allowance in case of witnesses with manageable risks.
The Department of Justice entered into agreement with different government agencies for assistance and services to be afforded to clients. The Department of Foreign Affairs agreed to render assistance in facilitating/ securing passports and visas for WPSBP covered witnesses, and to initiate negotiations with countries to determine the feasibility of an exchange of witnesses. The Philippine Overseas Employment Authority (POEA) agreed to assist the witnesses in obtaining livelihood abroad through its name hiring or government hiring schemes, or other methods of deploying overseas contractual workers. The Department of Labor and Employment, and the Department of Social Welfare and Development, conduct skills training programs for witnesses.
Republic Act No. 7309 is the law creating the Board of Compensation for Claims under the Department of Justice, granting Victims of Unjust compensation to victims of unjust imprisonment or Imprisonment or detention, and victims of violent crimes. The following Detention and may file claims for compensation before the Board: a) any Victims of Violent person who was unjustly accused, convicted and impris- Crimes- The Board oned, but subsequently released by virtue of a judgment of of Claims acquital; b) any person who was unjustly detained and released without being charged; c) any victim of arbitrary or illegal detention by authorities as defined in the Revised Penal Code under a final judgment of the court; d) any person who is a victim of violent crimes. Violent crimes shall include rape and shall likewise refer to offenses committed with malice which result in death or serious physical and/or psychological injuries, permanent incapacity or disability, insanity, abortion, serious trauma, or acts committed with torture, cruelty or barbarity.
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For the victims of unjust imprisonment, compensation shall be based on the number of months of imprisonment and every fraction thereof shall be considered one month, but in no case shall such compensation exceed P1,000.00 per month. In all other cases, the maximum for which the Board may approve a claim shall not exceed P10,000.00 or the amount necessary to reimburse the claimant’s expenses incurred for hospitalization, medical treatment, loss of wage, loss of support or other expenses directly related to the injury, whichever is determined by the Board.
PRACTICES The establishment of Women’s and Children’s Concerns Establishment of Desks in police stations is expected to further streamline "Women's and and strengthen the efforts of the police in responding to Children's Concern problems of violence against women and children. As a Desk" in Police management strategy, policewomen are assigned to man Stations the desks, or if no female personnel are available, a trained male police officer is assigned. To date, a total of 1,632 WCCDs with 1,763 personnel (1,468 policewomen and 294 policemen) have been established nationwide. In highly urbanized cities, the WCCD handles the investiga- tion of women and children’s cases. A total of 3,463 cases of abused women and children have been reported to WCCD and acted upon appropriately. WCCP officers have been effective tools in providing services to women and children in close coordination with the Department of Social Welfare and Development (DSWD) and concerned women-based NGOs.
279 RESOURCE MATERIAL SERIES No. 56 ANNEXURE 2
OUTLINE OF CRIME VICTIMS SUPPORT CENTER
Networking of Related Agencies and groups such as support centers at the Groups (Japan) prefectural level; through the activities of • October 1996, first establishment of crime victim assistance liaison conferences, crime victim assistance liaison such as the meetings and examination of conference at the prefectural level. the members of crime victim assistance • May 1998, national network of victim liaison conferences and the volunteers to support, consisting of 10 volunteer prepare for the establishment the groups. volunteer groups. • February 1999, last establishment of crime victim assistance liaison Volunteer Groups conference at the prefectural level 12 groups have been established at the (established in all prefectures). prefectural level, such as the Mito Support Center (SC) in Ibaragi Prefecture and the Crime Victim Assistance Liaison Shizuoka Support Center (SC) in Shizuoka Conference Prefecture.
(1) Members (1) Mito Support Center Police, public prosecutors offices, local Established referring to the program of government and related agencies (e.g legal NOVA in 1995 July. There are 5 Programs circle, medical institution, psychological (5 activities): institution, Counseling Institution for (a) Information: explain the rights of Women and Children, social welfare victims and giving the information institutions, Board of Education, business which victims need. world, public-service corporations, mass (b) Referral to related organizations: e.g. media, and so on) and volunteer groups. hospitals, police, lawyers associations, clinical psychologist and (2) Location so on. The Office of Crime Victims Assistance (c) Crisis response; crisis intervention. liaison conference is at the prefectural Two volunteers accept training to police headquarters and the police visit victims and give the support cooperate with related agencies and which victims need. volunteer groups. (d)Counselling: by telephone or by interview. (3) Activities (e) Support groups: support to make the Opening meetings, exchange association (or meeting) of victims or information, training course on their bereaved family. counselling, introduction of the proper (f) Others: there are more than one organizations mutual to crime victims hundred volunteers. Characteristic according to victims needs, various activities of the Mito SC is to escort activities in order to open counseling victims to the courts. centers. (2) Shizuoka Support Center (4) Purpose Established in May, 1999. The One of the aims of establishing crime activities of Shizuoka SC is similar to victim assistance liaison conferences at the those of the Mito SC. prefectural level is to build volunteer
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ANNEXURE 3 COMPARATIVE EVALUATION OF STATE COMPENSATION
JAPAN THE UNITED STATES Eligibility • Report to police; no time limit. • Report to police: usually within Requirements • Filing period: Within 2 years from 72 hours; exceptions are made the day the applicant recognizes for good cause. the crime, and within 7 years from • Filling period: One year is typical; the day the crime was committed. time limits vary from State to State.
Victims of Terrorist N/A Compensation is payable for Acts residents and non-residents who are injured by crimes involving terror- ism occurring within the States or, on the case of US citizens, outside of the US.
Claimants • Victims of crime who suffer • Victims of crime. serious injuries. • Dependents of homicide victims. • Dependents of deceased victims • Relatives of victims of crime. if they legally reside in Japan. • Foreign citizens; eligible in most • Foreign citizens if the victim was States. a legal resident of Japan when the crime occurred.
Procedures The victim must report the crime to The claimant must file an applica- the police, and the police must tion with the compensation agency recognize the victimization. in the State in which the crime A claimant can obtain an occurred. application from any police station Based on information submitted by or prefectural police department. the victim, the agency determines The claimant should send the whether the claimant is eligible and application to the prefectural public has suffered a financial loss. In safety commission through the most States, the victim can appeal police station or the prefectural the agency’s decision to deny or police department that has reduce the award of compensation. jurisdiction over the address of the claimant. It takes approximately 5 months for the applicant to be notified of the decision, and it takes approximately 2 more weeks for the applicant to receive the benefit.
Benefits and Award The maximum award in yen: Most States can pay a maximum of Limits Bereaved Family Benefit: 10,790,000: between $15,000 and $25,000. A few Incapacity Benefit: 12,730,000 states have higher or lower maximums.
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Compensable None. The program provides the All States will cover the following: Costs above lump sum awards. • Medical expenses. • Mental health counselling. • Lost wages for disabled victims. • Lost support for dependents of homicide victims. • Funeral. • Travel for medical treatment. • Services to replace work previously performed by the victim. • Cleaning of homicide scene if a residence. • Essential personal property. • Rehabilitation.
Emergency If the program cannot quickly Some States provide emergency Awards render judgement because the awards or expedite processing for offender is unknown or the degree of victims faced with an extraordinary disability is unclear, the program financial or health crisis. offers provisional benefits to the applicant.
Funding Sources The program is funded by the Most States obtain their funding from National Expenditure. For bereaved fees or charges assessed against children, scholarships are available offenders. Some States receive throught the Crime Victim’s Relief appropriations from general revenue. Fund. OVC provides supplemental funds from Federal criminal fines.
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