Dobra praksa u Nizozemskoj 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 Nizozemskoj Alex Sas

Individual Assessment (IA) Implementation of the Individual Assessment in the Netherlands Alex Sas Policy advisor

Victim Support NL 1200 volunteers: General services (practical and emotional assistance) Legal services 500 paid employees: Team managers/Legal officers/Casemanagers HR/ICT/Communication/Finance/Policy officers

How do victims get in contact with Victim Support NL? Victim Support NL receives personal data of victims by the police  237.000 in 2015 All these victims are called by Victim Support. 182.000 victims are reached and informed on their rights and services of Victim Support. 68.632 victims use more services of Victim Support (continued assistance)

Services 68.632 victims used the following services: 49.338  Practical and emotional 17.106  Claiming damages 14.124  Assist in criminal proceedings 4596  Victim Statement 28.020  Referral (in accordance with the EU Directive, art. 9)

EU Directive Proposed Implementation Act went to parliament 24 June 2015. 12 April 2016 accepted by the “Tweede Kamer” (= House of Representatives), but still pending in the Senate. The individual assessment is not elaborated in the Implementation Act.

Not implemented yet! February – August: Two pilots were conducted, testing an instrument for Individual Assessment of victims and establishing a working process Police/Prosecution office/Victim support. Why did it take so long? What are the results?

Individual Assessment Working group starts 2013 (Ministry of Security and Justice) Research reports: Risk factors for repeat victimization (December 2013) Measures to prevent secondary and repeat victimization (January 2014) Impact analysis of the Individual Assessment (July 2014): 10 – 20 minutes IT available?  65 – 196 additional full-time police officers(!)

First contours of the Individual Assessment

Individual assessment - procedure

Step 1 – assessment trafficking human beings Personal characteristics Children mentally handicapped /communication limitation Nature of the crime trafficking human beings Seksual offences Murder / menslaughter Violence in close relationships Stalking Terrorism Genderbased violence/ hatecrime Other High Impact Crime Circumstances victim dependant on suspect higher risk perception victim earlier victimization within one year from the same offence crime commited in organized context exceptional circumstances

Step 2 - Measures If victim is considered vulnerable because of the outcome of step 1: 2 questions: 1. Additional protection measures necessary? - consider also the wishes of the victim - If the answer is yes: 2. Wich protection measures are necessary to protect the victim? (Digital) manual will be developed to help the police officer to choose the right protection measures.

Step 3 - update If the elements that form the basis of the individual assessment have changed significantly, Member States shall ensure that it is updated throughout the criminal proceedings. (art. 22 par. 7) Update by Police Public prossecutors office Role of victim support needs further discussion because of privacy aspects.

Second phase 2015 (!) Expert sessions  chain work process Police - Victim Support – Prosecution – Probation – Judges ... Police – VS – Prosecution First version of the assessment form

How to test? Different procedures first contact with police (report a crime: i.e. in person; by telephone; online)? IT? Personal characteristics of the victim? Privacy of the victim? New protection measures? Where can testing find place?

How to test? February 2016: two pilots started with a slim / workable version of the Individual Assessment Development of questionnaire (fine-tuning) In cases the victim reports the crime at the police station Procedure: Police/Victim Support/Prosecution

Individual Assessment Form This form is not part of the criminal file. The victim is a minor There is a specific criminal offense Specific circumstances of the offense

There is a specific criminal offense Sexual violence Human trafficking Terrorism Murder / manslaughter Organized crime

Are there specific circumstances of the offense? Significant damage due to the seriousness of the offense Offense motivated by prejudice or discrimination Relationship with or dependence on the suspected The victim is afraid of repetition and / or believes that there is increased risk The officer believes that there is increased risk

Special measures Protection of personal data in the criminal file / trial Physical protection There are (temporary) measures taken to protect the victim physically Personal transfer With the aim of effectively organize a form of physical protection or other form of help / support. Care report Providing additional information

No special measures There are no sufficient grounds according to officer The victim indicated that he/she explicitly not need special measures

The role of Victim Support Police sends data to Victim Support, including Information IA Use information contacting the victim: offer customized services Updating IA (only with consent of the victim)  Victim Support informs Police or Prosecution Office.

The role of Victim Support 150 cases from the Pilots  working sessions  development process Develop instruction (and training?) Develop IT

The role of Victim Support Provide better services More attention for protection

Questions? a.sas@slachtofferhulp.nl