VOCIARE Synthesis Report

AUTHORS VICTIM SUPPORT EUROPE ALEKSANDRA IVANKOVIĆ LEVENT ALTAN APAV ANDRÉ CARPINELLI MARTA CARMO MAFALDA VALÉRIO DISCLAIMER All views expressed in the present report are those of the authors and not of the European Commission. Most findings of the report are based on the research conducted by national researchers, between June 2018 and March 2019, and any inaccuracies in the interpretation of national results lays with the authors of the present report only. Additional support research, in particular regarding international experiences, was conducted by the authors of the present report. The findings compiled in the present report represent, to the best of authors’ abilities, the current situation of the practical implementation of the EU Victims’ Rights Directive. Given its scope and ambition, authors are aware that some elements may be inaccurate or out of date. However, it was still important to offer the first overall picture, even if incomplete, of the practical implementation of the Directive, to inform future work of Victim Support Europe, its members and the policy initiatives at the EU and national level. Future efforts will be plan to improve the findings and provide a more detailed analysis of key rights defined in the Directive. 2 TABLE OF CONTENTS ACKNOWLEDGMENTS 5 EXECUTIVE SUMMARY 6 SECTION I - Introduction 14 SECTION II - How the victims rights directive works for victims of crime in practice 16 ARTICLE 2 - Definitions 16 ARTICLE 3 - Right to understand and be understood 19 ARTICLE 4 - Right to receive information from the first contact with the competent authority 25 ARTICLE 5 - Rights of victim when making a complaint 34 ARTICLE 6 - Right to receive information about their case 39 ARTICLE 7 - Right to interpretation and translation 45 ARTICLE 8 - Right to access victim support services 52 ARTICLE 9 - Support from victim support services 60 ARTICLE 10 - Right to be heard 100 ARTICLE 11 - Rights in the event of a decision not to prosecute 103 ARTICLE 12 - Right to safeguards in the context of restorative justice services 106 ARTICLE 13 - Right to legal aid 108 ARTICLE 14 - Right to reimbursement of expenses 113 ARTICLE 15 - Right to the return of property 115 ARTICLE 16 - Right to decision on compensation from the offender in the course of criminal proceedings 119 ARTICLE 17 - Rights of victims resident in another member state 124 ARTICLE 18 - Right to protection 133 ARTICLE 19 - Right to avoid contact between victim and offendeR 137 ARTICLE 20 - Right to protection of victims during criminal investigations 141 ARTICLE 21 - Right to protection of privacy 145 ARTICLE 22 - Individual assessment of victims to identify specific protection needs 151 3 ARTICLE 23 - Right to protection of victims with specific protection needs during criminal proceedings 158 ARTICLE 24 - Right to protection of child victims during criminal proceedings 163 ARTICLE 25 - Training of practitioners 166 ARTICLE 26 - Cooperation and coordination of services 170 SECTION III - Conclusions & recommendations 172 ANNEX I 181 ANNEX II 183 ANNEX III 185 ANNEX IV 186 ANNEX V 198 4 ACKNOWLEDGMENTS The Project VOCIARE: Victims of Crime Implementation Analysis of Rights in Europe team wishes to thank all the professionals who cooperated with us, sharing their knowledge and research skills while preparing the National Reports, namely: Alex Sas, Adam Máčaj, Alexander Herr, Alexandra Columban, Alexandra Dubová, Ana Amorim, Ana Ferreira, André Carpinelli, Anja Frankić, Anna Adamova, Carolina Villacampa Estiarte, Caterina Argyridou, Charlotte Portelli, Dina Nachbaur, Esther Zuiderveld, Egert Rünne, Endija Logina, Filipa Franco, Gábor Veisz, Giovanni Galvani, Ilona Kronberga, Inês Carvalho, Iro Michael, Isabelle Sadowski, Josep Tamarit Sumalla, Kelly Grossthal, Kristina Normantaitė, Kurt De Backer, Laura Hinrichs, Liina Rajaveer, Linda Wischrath, Mafalda Valério, Maria McDonald, Marieta Dimitrova, Maroš Matiaško, Marta Carmo, Marzena Piechowiak, Matea Anić, Mauro Bardi, Michele Puckhaber, Nadia Shabani, Nasserine Montornés Mataoui, Natalija Bitiukova, Nina Rapilane Obran, Pauline Okroglic, Renée S. B. Kool, Šárka Dušková, Silvia Allegrezza, Sonja Leferink, Susanna Lundell and Tobias Körtner. The team also wishes to thank those who cooperated with the project by accepting the researcher’s invitations to participate in interviews and all those who so patiently responded to the online survey. We would also like to thank the experts who so kindly guided and revised our work: Anna Wergens, Antony Pemberton, Frederico Marques, Helgard Van Huellen, João Lázaro, Jonas Grimheden and Levent Altan. Finally, the team would like to thank all our colleagues at the Portuguese Association for Victim Support (APAV) and Victim Support Europe (VSE) who made it possible to for us to conclude this endeavor. VOCIARE SYNTHESIS REPORT SYNTHESIS VOCIARE 5 EXECUTIVE SUMMARY It is estimated that 75 million people fall victim to crime each year in the European Union. After a crime occurs, its victims present different needs. The Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/ JHA, also known as the Victims’ Rights Directive, was adopted to improve the Member States’ response to these needs and to ensure that victims across European borders enjoy their rights and have equal access to support services. As the European Commission stated, "[i]mproving the rights, support, protection and participation of victims in criminal proceedings is a Commission priority." Project VOCIARE: Victims of Crime Implementation Analysis of Rights in Europe aimed at studying the practical implementation of the Victims’ Directive at the national level, and to assess whether its implementation has been contributing to this priority. VOCIARE SYNTHESIS REPORT SYNTHESIS VOCIARE The present Synthesis Report compiles information from a total of 26 National Reports1 and presents the main findings of these joint and European-wide research effort. Article 2 – Definitions: All Member States with the exception of Bulgaria – where the definition can be drawn from the Supreme Court’s case law - have a legal definition of victim. In some Member States define the term victim under the auspices of other terms like injured party or offended person. Nonetheless, it seems that the concept of victim “as a natural person who has suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by a criminal offence”2 is established in all Member States. Concerns arise, though, in relation to the definition of family members who can be considered as victims. Not all Member States include in the legal definition of family members all persons envisaged in the Directive3, precluding the excluded persons of enjoying the rights set forth in the Directive and national legislation. Article 3 – Right to understand and be understood: Even though there some commendable efforts have been made for making information available to victims of crime, it is possible to conclude that written communications are often standardised and, in the case of some Member States, they comprise integral copies of legal provisions. Article 3 places on States’ competent authorities an obligation not only to make information available to victims but also to ensure 1 Austria; Belgium; Bulgaria; Cyprus; Czech Republic; Germany; Estonia; Greece; Spain; Finland; France; Croatia; Hungary; Ire- land; Italy; Lithuania; Luxembourg; Latvia; Malta; Netherlands; Poland; Portugal; Romania; Sweden; Slovenia; Slovakia. 2 Victims’ Right Directive, Article 2(1)(a)(i). 3 Victims’ Right Directive, Article 2(1)(a)(ii). 6 that they adequately understand the information provided. Not all victims have the same communication skills and most of them do not have sufficient legal knowledge on the functioning of criminal proceedings and on their rights. Member States often fail in adapting information provided, both orally and in written form, to individual victims’ communication needs. Alongside adaptation and use of different and innovative means for providing information, allowing victims to be accompanied by a person of their choice when they first come into contact with the competent authorities is also a vehicle for guaranteeing victims’ right to understand and be understood foreseen by the Directive. In a few Member States, this right is legally provided for and even mandatory. However, in other Member States, victims are not aware of this right and the fact that they can be accompanied. Additionally, in some cases, law enforcement authorities are reluctant to allow the presence of a person of the victim’s choice, justifying denial of this right on concerns that the victims’ statement would be impaired. Often times, the presence of a person in whom the victim trusts not only helps the victim to feel more comfortable and calm but also allows information to be better retained and, sometimes, interpreted so that the victim can fully understand it. Article 4 - Right to receive information from the first contact with the competent authority: Even in Member States where all aspects of information listed under Article 4 of the Directive are included in national laws’ obligation to inform victims, victims are not always fully informed. As mentioned, complying with the obligation to provide information to victims does not only include making information available. States’

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