1. Minimal standards of criminal proceedings – the victims Workshop 4 Alexandria, Arab Republic of Egypt by Perry C. Quak The Netherlands

2. UNDP/POGAR Workshops on Human Rights, 12 March, Alexandria, Egypt Contents Participants in criminal proceedings Participants in criminal proceedings Position of the victim Position of the victim Rights of the victims before trial Rights of the victims before trial Rights of the victims during trial Rights of the victims during trial Financial compensations Financial compensations Assistance Assistance Rule of Law Rule of Law

3. UNDP/POGAR Workshops on Human Rights, 12 March, Alexandria, Egypt Criminal proceedings, only trial? Start of criminal proceedings: Start of criminal proceedings: –not only with the interference of a judge –in fact starting with police investigations Unlawful investigations seriously affect the trial Unlawful investigations seriously affect the trial Treatment of the victim during investigations should be concern of court Treatment of the victim during investigations should be concern of court

4. UNDP/POGAR Workshops on Human Rights, 12 March, Alexandria, Egypt Participants in criminal proceedings Suspect Suspect Victim Victim Witness Witness Prosecutor Prosecutor Judges and registrar Judges and registrar Defense lawyer Defense lawyer Interpreter Interpreter

5. UNDP/POGAR Workshops on Human Rights, 12 March, Alexandria, Egypt Position of the victim Victim: unwillingly involved Victim: unwillingly involved Yet to be considered a party Yet to be considered a party –reporting crime to police –standing as a witness before the court –questioned by the defence lawyer –being damaged (physically, financially, psychologically) Needs protection as well as critical approach Needs protection as well as critical approach –false allegations not acceptable !

6. UNDP/POGAR Workshops on Human Rights, 12 March, Alexandria, Egypt Rights of the victims before trial Right to be taken serious when reporting Right to be taken serious when reporting Impartial approach by police Impartial approach by police Victim should be notified about the case Victim should be notified about the case –in general: there should be a right to know about your own case –but of course: no information about the ongoing (‘secret’) police investigations

7. UNDP/POGAR Workshops on Human Rights, 12 March, Alexandria, Egypt Rights of the victims before trial Victim should be informed about his/her rights at an early stage: Victim should be informed about his/her rights at an early stage: –regarding right to complain about relevant decisions (e.g. not to prosecute) –regarding right to be heard by the Court –regarding right to financial compensation –regarding right to (legal) assistance –regarding right to (private) co-prosecution

8. UNDP/POGAR Workshops on Human Rights, 12 March, Alexandria, Egypt Rights of the victims during trial Right to be present Right to be present Interpreter Interpreter –right to give statement in own language Lawyer Lawyer –legal assistance related to legal position Right to private co-prosecution Right to private co-prosecution Financial compensations Financial compensations

9. UNDP/POGAR Workshops on Human Rights, 12 March, Alexandria, Egypt Worldwide growing interest in position of victims According to IAP Conferences: According to IAP Conferences: –in some jurisdictions a strong, own position –in some jurisdictions a weak position The Netherlands: position of victim strengthening, last decades The Netherlands: position of victim strengthening, last decades –complain about decision not to prosecute –financial compensations –right to be heard by the court

10. UNDP/POGAR Workshops on Human Rights, 12 March, Alexandria, Egypt Right to complain - in general International Covenant on Civil and Political Rights (Human Rights’ Committee) International Covenant on Civil and Political Rights (Human Rights’ Committee) European Convention on Human Rights European Convention on Human Rights –art. 34: complaints against violations of Human Rights by a State –anyone (also minors and relatives) –“immunity” for plaintiff

11. UNDP/POGAR Workshops on Human Rights, 12 March, Alexandria, Egypt Right to complain -Netherlands What decision can be complained about? What decision can be complained about? –decision by prosecutor to dismiss the case –decision by prosecutor to (out-of-court) settlement Complainant: the victim, or its surviving relatives Complainant: the victim, or its surviving relatives Forum: Court of Appeals Forum: Court of Appeals Judgement: Judgement: –reject the complaint, or –sustain the complaint, commanding the prosecutor to prosecute

12. UNDP/POGAR Workshops on Human Rights, 12 March, Alexandria, Egypt Co-prosecution? In some jurisdictions ( not the Netherlands ) In some jurisdictions ( not the Netherlands ) Should include: Should include: –co-deciding about the indictment –asking questions to the suspect/witnesses –comment on witnesses’ statements –co-deciding about the demanded punishment –doing proposals to the court for additional evidence

13. UNDP/POGAR Workshops on Human Rights, 12 March, Alexandria, Egypt Right to be heard by the Court Important that the voice of the victim can be heard during the trial Important that the voice of the victim can be heard during the trial –by the voice of the prosecutor –by a written victim’s statement –by a personally spoken statement Role of the victim during this part of the process is different from the victim as a witness Role of the victim during this part of the process is different from the victim as a witness

14. UNDP/POGAR Workshops on Human Rights, 12 March, Alexandria, Egypt Victim’s statement Aim: assessment of seriousness of crime Aim: assessment of seriousness of crime Describing personal consequences: Describing personal consequences: –physically –financially –socially –psychologically –relationally

15. UNDP/POGAR Workshops on Human Rights, 12 March, Alexandria, Egypt Financial compensations -1 Damage suffered by the victim should be compensated by offender Damage suffered by the victim should be compensated by offender –material damage (e.g. broken window, cost of medical examination, value of stolen good etc.) –immaterial damage (compensation for pain, psychological or relational suffering) Separate decision by Court Separate decision by Court

16. UNDP/POGAR Workshops on Human Rights, 12 March, Alexandria, Egypt Financial compensations -2 The Netherlands: separate civil procedure as part of the criminal proceedings The Netherlands: separate civil procedure as part of the criminal proceedings –victim may claim specific amount of financial compensation –well founded (bills, valuations, pictures etc.) –right to legal assistance Prosecution Service takes care of the execution ( debt-collection ) Prosecution Service takes care of the execution ( debt-collection )

17. UNDP/POGAR Workshops on Human Rights, 12 March, Alexandria, Egypt Civil society organizations Victims need practical help and assistance Victims need practical help and assistance –medical and social –financial and legal –protection (against threat or intimidation) Professional care: Professional care: –civil society organizations (“Victims’ assistance organization”) –co-ordination of volunteers

18. UNDP/POGAR Workshops on Human Rights, 12 March, Alexandria, Egypt Rule of Law Position of victim needs protection by law Position of victim needs protection by law Impartiality: equal protection to all Impartiality: equal protection to all Procedural regulation by law: Procedural regulation by law: –right to complain (e.g. about non prosecution) –right to be heard in Court –right to compensation

19. Perry C. Quak, LL.M, MPA Solicitor-General Court of Appeals, The Netherlands e-mail: p.c.quak@om.nl thank you for your attention. any questions?