Dobra praksa u zemljama Europske unije Mark Castle Konferencija „Žrtve kaznenih djela – unapređenje sustava zaštite kroz individualiziranu procjenu potreba“ 22. i 23. rujna 2016.,Zagreb, Hotel Dubrovnik, Ljudevita Gaja 1, dvorana Centrum (I. Kat) Dobra praksa u zemljama Europske unije Mark Castle

Analysis of victims’ rights and services in Europe Alignment with EU Directive 2012/29/EU

Outline of the Presentation Introduction The EU Victims’ Directive The Directive: implementation challenges and progress Victim Support Organisational structures of victim support services Government and NGO collaboration Funding mechanisms Individual evaluation

Introduction

About VSE Umbrella network for national victim support organisations in Europe It has 43 Members from 26 countries, including 21 Member States of the European Union. Its Members have around 3000 staff, 20000 volunteers and provide assistance to around 2 million people affected by crime and disasters each year

CO-ORDINATION OF SERVICES About VSE Promotes, advocates for and facilitates establishment and development of victims rights and services in Europe Helps victim support organisations to develop capacities, learn from each other, share best practice and cooperate. ADVOCACY MONITORING CO-ORDINATION OF SERVICES RESEARCH CAPACITY BUILDING TRAINING.

EU Victim’s Directive One of the drivers for all of these changes we have EU Directive on victims rights

Needs of victim of crime Information Compensation and Mediation Victim Support Protection Respect and Recognition Access to Justice These are the needs in the Directive Information first and on the case

Victim support Europe Explainer Video

Victim support Analysis of Serbia Country Analysis Recommendations

Victim Support – articles in the Directive For as long as victim needs; Irrelevant of complaint; Free & confidential; Family members; Continuity of support Specialist and universal services Information Information on victims’ rights Information on Compensation Information on role in criminal proceedings Preparation for attendance of the trial Referral Information on specialised services Direct referral Emotional support If needed psychological support Advice Advice relating practical issues Advice relating financial issues Advice relating prevention Advice relating secondary and repeat victimisation

Victim Support Timing – before, during and after criminal proceedings Irrelevant of complaint Free and confidential Family members Continuity of support Specialist and universal services

Victim Support Structures Single, national State funded NGO victim support organisation delivering for all victims of crime England Netherlands Single State run victim support service (either an entity in its own right or an through an organisation which delivers other services) Croatia Estonia A network of NGOs co-ordinated by a single body receiving funding through the State France A network of NGOs, co-ordinated by a Steering committee of the NGOs, funded through the State Finland A single NGO delivers national services but funds itself entirely Germany Overall the different ways in which vs is developed. We looked at five countries tend to represent these kinds of structures

Government and NGO collaboration Voice the concern in victims Advocate for victim-oriented rights and policies A-political feedback on victims’issues and services Flexibility Volunteering Accessibility Un-reported victims Collaboration of different actors is crucial

Funding Mechanisms of Victim Support Offender surcharges: Insurance based scheme Levies against prisoners undertaking paid work Use of gambling taxes Use of confiscated criminal assets

Individual Assessment Analysis of Serbia Country Analysis Recommendations

Individual Assessment Article 22 EVVI prject Individual Assessment in England & Wales

Thank you! Victim Support Europe Rue de la Loi 235 Brussels +3222310112 info@victimsupporteurope.eu

Good Practice - Finland’s Working group on legislative changes relating to criminal proceedings The group included Victim Support Finland as an NGO representative as it has strong expertise on victims’ role and needs in practice in criminal proceedings. Throughout the legislative and policy developments the main Finnish Victim Support was included as a key contributor to voice the victim’s needs.

Good Practice - French Compensation Fund through tax on insurance Compensation paid is primarily paid through the main compensation fund for victims of infractions (Fonds de Garantie des Victimes d’Actes de Terrorisme et d’autres infractions (FGTI)). Funds are obtained through a contribution from insurance contracts, claims against persons convicted of a crime, and earnings from financial investments it makes. The levy on insurance contracts ranges from €0 to €6.50. See Code des Assurances, Section I : Indemnisation des victimes des actes de terrorisme et d'autres infractions. (Available at : https://www.legifrance.gouv.fr/affichCode.do?idSectionT A=LEGISCTA000019113080&cidTexte=LEGITEXT0000060 73984)

Good Practice - EVVI Project The French Ministry of Justice developed guidelines on individual assessment of victims in co- operation national and European partners in the framework of the European project EVVI (EValuation of VIctims).

Good Practice – Collaboration between SHN and police in referral of victims Together, the police and SHN created a list of 68 crimes where the police automatically refer the case and victim(s) to SHN unless the victim objects to this. As soon as there is a new registration in the police system, SHN will receive the contact details of the victim and the type of crime in their system. This proactive referral system ensures consistency in support offers and overcomes some level of reliance on individual officer goodwill. See Dutch Ministry of Security and Justice (2015), p. 21