VICTIM SUPPORT: The International Context Bali Process Workshop on Victim Support 7 – 9 November 2006 Michel Bonnieu, Senior Regional Legal Advisor UNODC Regional Centre for East Asia and the Pacific

Section One: Importance of Victim Support The victim is not the “forgotten person” within the criminal justice system. The prevention of secondary victimization and re-victimization. A balanced, fair and equitable approach within the criminal justice system. Victim support is essential to ensure:

International Legal Framework United Nations Declaration on Basic Principles of Justice for Victims of Crime and Abuse of Power (Victims Declaration) United Nations Convention against Transnational Organized Crime and related Protocols (TOC Convention, TIP Protocol and Smuggling in Migrants Protocol)

Other international instruments… The Universal Declaration of Human Rights The International Covenant on Civil and Political Rights The International Covenant on Economic, Social and Cultural Rights The Convention on the Prevention and Punishment of the Crime of Genocide The Convention on the Rights of the Child The Convention on the Elimination of All Forms of Discrimination against Women The Declaration on Violence against Women Statute of the International Criminal Court

Definition of a Victim “Victims” means persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that are in violation of criminal laws operative within Member States, including those laws proscribing criminal abuse of power. Declaration on Basic Principles of Justice for Victims of Crime and Abuse of Power

A person may be considered a victim, under the Declaration, regardless of:  The perpetrator being identified, apprehended, prosecuted or convicted;  The familial relationship between the perpetrator and the victim. “ Victim” is broadly defined and therefore may include:  Family and/or dependants of the primary victim;  Individuals who offer assistance or intervene at the scene of the crime;  Other classes/types of victims: ◦ “Ricochet” victims (“ripple effect” of crime) ◦Legal Persons ◦States Other Relevant Considerations…

What is Victim Support? Victim support includes measures which aim to ensure the protection, participation and rehabilitation of victims. Steps to achieve this include: Protecting the victim during the criminal justice process, eg: ensuring a support person may be present during interviews flexibility in the delivery of evidence (eg by video link), etc. Enabling and facilitating the presentation of victim perspectives throughout the criminal justice process (eg through victim impact statements), and even enabling this to be taken into consideration in sentencing. Providing victims with access to services such as counseling, vocational training and other forms of rehabilitation.

Part One: UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (1985) Section Two

Adopted by consensus in the General Assembly in Reflects collective will of the international community to restore the balance between the fundamental rights of suspects and offenders, and the rights of interested victims. Based on the philosophy that victims should be adequately recognized and treated with respect and dignity. Overview

Access to justice and fair treatment  Article 4 – 7 of the Declaration Restitution  Article 8 – 11 of the Declaration Compensation  Article 12 – 17 of the Declaration Assistance  Article 14 – 16 of the Declaration Victims of Abuse of Power  Article 18 – 21 of the Declaration Provisions relating to Victims

Part Two: Convention against Transnational Organized Crime (Entry into force 29 September 2003) Section Two

Overview The Convention was developed in response to increasing levels and diversity of transnational organized crime and represents a major step forward in the international response. Includes general provisions relating to transnational organized crime, such as criminalization of certain offences, as well as covering activities commonly associated with this such as money laundering and corruption.

Article 24 & 25 of the Convention relate to Victim and Witness protection and support. Their contents can be summarised as follows: Protection of and assistance to victims and witnesses of offences covered by the Convention. Articles 24 & 25(1) Procedures for compensation and restitution for victims Article 25(2) Facilitation of participation of victims within the criminal justice process Article 25(3) Provisions relating to Victims

Part Three: Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Entry into force 25 Oct. 2003) Section Two

Overview Intended to supplement the Convention with specific provisions relating to human trafficking, including special provisions relating to victims. As a supplementing instrument, the Protocol should be read and implemented in conjunction with the TOC Convention.

Provisions relating to Victims Assistance to and protection of victims of TIP (Article 6) Status of victims of TIP in receiving States (Article 7) Repatriation of victims of TIP (Article 8)

Victim Assistance Programmes Section Three

Overview Increase the range and availability of services to victims. Expand the opportunity for victims to participate in the criminal justice process. Reflect government commitment and recognition of the importance of victim support. Victim Assistance Programmes generally:

International Criminal Court: an example Statute of the ICC (Rome Statute)  Adopted 17 July 1998  Came into force July 2002 Rules of Procedure and Evidence  Adopted 2000  An instrument of the Rome Statute  Should be read in conjunction with the Rome Statute

Provisions relating to Victims Rule 86 (Rules of Procedure) – General Principle Article 68(3) (Rome Statute) – Victim Participation Article 75 (Rome Statute) – Reparations/Compensation Article 75(2) (Rome Statute) – Compensation Fund Rule 17(2) (Rules of Procedure) - Protection

UNODC Activities Section Four

UNODC has taken various steps to respond to the needs of victims both globally and regionally. These include: Development of the Handbook on Justice for Victims Specific project activities, for example:  Support for Victim/Witnesses of Trafficking in Human Beings in the Philippines (PHIR07) Also note: Conference of the States Parties Other agencies working in the field

Section Five Concluding Statement Concluding Statement

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