Member States should not be obliged to provide information where disclosure of that information could affect the proper handling of a case or harm a given case or person, or if they consider it contrary to the essential interests of their security. Particular account should be taken of difficulties in understanding or communicating which may be due to a disability of some kind, such as hearing or speech impediments. Learn more about each topic, see who's involved, and find the latest news, reports, events and more. Get the latest from our news, events and meetings. Western nations needed to remove harmful unilateral coercive measures impacting Russia. Civilian infrastructure, including hospitals and schools, had been damaged by military attacks, leaving millions without access to food, water, electricity and humanitarian support. Based on the evidence gathered by the Commission, it had concluded that war crimes had been committed in Ukraine. Unless otherwise provided by other public or private services, specialist support services referred to in Article 8(3), shall, as a minimum, develop and provide: shelters or any other appropriate interim accommodation for victims in need of a safe place due to an imminent risk of secondary and repeat victimisation, of intimidation and of retaliation; targeted and integrated support for victims with specific needs, such as victims of sexual violence, victims of gender-based violence and victims of violence in close relationships, including trauma support and counselling. This Directive is without prejudice to any national administrative procedures required to establish that a person is a victim. ( ? 3. The right to a review of a decision not to prosecute should be understood as referring to decisions taken by prosecutors and investigative judges or law enforcement authorities such as police officers, but not to the decisions taken by courts. Right to protection of victims during criminal investigations. Don't forget to give your feedback! At its 26th session, on 26 June 2014, the Human Rights Council adopted resolution 26/9 by which it decided to establish an open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights, whose mandate shall be to elaborate an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises.. Starting from day one, Ukraine had launched a comprehensive effort to guarantee no escape from accountability for this act of aggression. ? ) In order to encourage and facilitate reporting of crimes and to allow victims to break the cycle of repeat victimisation, it is essential that reliable support services are available to victims and that competent authorities are prepared to respond to victims' reports in a respectful, sensitive, professional and non-discriminatory manner. Append an asterisk (, Other sites managed by the Publications Office, Portal of the Publications Office of the EU. In particular, it seeks to promote the right to dignity, life, physical and mental integrity, liberty and security, respect for private and family life, the right to property, the principle of non-discrimination, the principle of equality between women and men, the rights of the child, the elderly and persons with disabilities, and the right to a fair trial. If the victim has left the territory of the Member State where the criminal offence was committed, that Member State should no longer be obliged to provide assistance, support and protection except for what is directly related to any criminal proceedings it is conducting regarding the criminal offence concerned, such as special protection measures during court proceedings. It may result in physical, sexual, emotional or psychological harm, or economic loss, to the victim. This is a list of experimental features that you can enable. However, Member States should be able to establish procedures to limit the number of family members who can benefit from the rights set out in this Directive. Produced by the United Nations Information Service in Geneva for use of the information media; This Directive lays down minimum rules. 6. During the third session, the Working Group discussed elements for a draft legally binding instrument prepared by the Chairperson-Rapporteur of the OEIGWG taking into consideration the discussions held during the first two sessions. The exact name, identity and nationality of each child had to be specified. ) 8, L ( ( ( H ? ) Member States shall take measures to establish free of charge and confidential specialist support services in addition to, or as an integrated part of, general victim support services, or to enable victim support organisations to call on existing specialised entities providing such specialist support. ? ) At its 26th session, on 26 June 2014, the Human Rights Council adopted resolution 26/9 by which it decided to establish an open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights, whose mandate shall be to elaborate an international legally binding instrument to regulate, in The restrictions they impose must be necessary either to comply with the doctrine of the organisation, or to avoid conflict with the strongly held religious convictions of the religions followers. Where violence is committed in a close relationship, it is committed by a person who is a current or former spouse, or partner or other family member of the victim, whether or not the offender shares or has shared the same household with the victim. This Directive aims to amend and expand the provisions of Framework Decision 2001/220/JHA. Humanitarian organizations needed to be granted full access to disputed war zones. United Nations, UN Russia had repeatedly demonstrated its will to destroy the Ukrainian State through words and deeds. The right of child victims to be heard in criminal proceedings should not be precluded solely on the basis that the victim is a child or on the basis of that victim's age. The UN Human Rights Office and the mechanisms we support work on a wide range of human rights topics. Violence that is directed against a person because of that person's gender, gender identity or gender expression or that affects persons of a particular gender disproportionately, is understood as gender-based violence. Factors such as threats made or any forms of violence committed during the process may be considered as requiring disclosure in the public interest. During the sixth session, a second revised draft of the legally binding instrument served as the basis for negotiations. Use quotation marks to search for an "exact phrase". This Directive is addressed to the Member States in accordance with the Treaties. 1. Sexual and gender-based violence needed to be stopped immediately. 3. Unless contrary to the interests of the victim or unless the course of proceedings would be prejudiced, Member States shall allow victims to be accompanied by a person of their choice in the first contact with a competent authority where, due to the impact of the crime, the victim requires assistance to understand or to be understood. Member States shall take appropriate action to facilitate cooperation between Member States to improve the access of victims to the rights set out in this Directive and under national law. Individual assessments shall be carried out with the close involvement of the victim and shall take into account their wishes including where they do not wish to benefit from special measures as provided for in Articles 23 and 24. ? During the seventh session, a third revised draft of the legally binding instrument served as the basis for negotiations. Furthermore, premises specially designed for interviews with victims may not be available due, for example, to renovation. Phone: 0808 800 0082 Such violence could cover physical, sexual, psychological or economic violence and could result in physical, mental or emotional harm or economic loss. Eight months of Russias full-scale invasion of Ukraine made the international community witness to atrocities not seen on the European continent for decades and gave strong pretext for this demand for accountability. Depository Libraries, Index to The Commission observed first-hand the damage that explosive weapons had caused to residential buildings and infrastructure, including schools and hospitals. It has the ability to discuss all thematic human rights issues and situations that require its attention throughout the year. Measures should be available to protect the safety and dignity of victims and their family members from secondary and repeat victimisation, from intimidation and from retaliation, such as interim injunctions or protection or restraining orders. Member States should therefore take particular account of the needs of victims of terrorism, and should seek to protect their dignity and security. The Russian Federations use of explosive weapons with wide area effects in populated areas was a source of immense harm and suffering for civilians. Russian media outlets were trying to shed light on what was really happening in Ukraine, but were being blocked by the West. In order to protect the privacy, personal integrity and personal data of victims, Member States shall, with respect for freedom of expression and information and freedom and pluralism of the media, encourage the media to take self-regulatory measures. All those investigating needed some kind of strategy as to what that particular entity wanted to focus on as a priority. 2. The situation of human rights was brittle in Burundi, with ongoing allegations of acts of torture and unjust restrictions of fundamental freedoms, some speakers said. The victims' concerns and fears in relation to proceedings should be a key factor in determining whether they need any particular measure. Practitioners who are likely to receive complaints from victims with regard to criminal offences should be appropriately trained to facilitate reporting of crimes, and measures should be put in place to enable third-party reporting, including by civil society organisations. During the fifth session, a revised draft of the legally binding instrument served as the basis for negotiations. Information note for NGO engagement during the 51st session Subject to change (updated as of 31 August 2022). After being reportedly transferred into detention in the Russian Federation, some victims had disappeared. 6. Accusations that focused on Russia only were a dead end. Member States shall ensure that victims, in accordance with their needs, have access to confidential victim support services, free of charge, acting in the interests of the victims before, during and for an appropriate time after criminal proceedings. 2. In his last report, the UN independent expert on the Sudan, Aristide Nononsi, urges continued international support and engagement with the Sudan to help guide the country through a challenging transition period. Multiple Mechanisms. Member States shall afford victims who participate in criminal proceedings, the possibility of reimbursement of expenses incurred as a result of their active participation in criminal proceedings, in accordance with their role in the relevant criminal justice system. This should also include situations where authorities initiate criminal proceedings ex officio as a result of a criminal offence suffered by a victim. Interactive Dialogue with the Independent International Commission of Inquiry on Ukraine. The procedural rules for such a review shall be determined by national law. 2. When necessary, such measures shall also include procedures established under national law for the physical protection of victims and their family members. Interaction with competent authorities should be as easy as possible whilst limiting the number of unnecessary interactions the victim has with them through, for example, video recording of interviews and allowing its use in court proceedings. Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights, The following measures shall be available during criminal investigations to victims with specific protection needs identified in accordance with Article 22(1): interviews with the victim being carried out in premises designed or adapted for that purpose; interviews with the victim being carried out by or through professionals trained for that purpose; all interviews with the victim being conducted by the same persons unless this is contrary to the good administration of justice; all interviews with victims of sexual violence, gender-based violence or violence in close relationships, unless conducted by a prosecutor or a judge, being conducted by a person of the same sex as the victim, if the victim so wishes, provided that the course of the criminal proceedings will not be prejudiced. There shall be no requirement to translate passages of essential documents which are not relevant for the purpose of enabling victims to actively participate in the criminal proceedings. The authorities must respect the rights to freedom of opinion and expression, and hold all perpetrators accountable for human rights violations, regardless of their affiliation. Member States shall ensure that victims have access to legal aid, where they have the status of parties to criminal proceedings. In applying this Directive, Member States should ensure that victims with disabilities are able to benefit fully from the rights set out in this Directive, on an equal basis with others, including by facilitating the accessibility to premises where criminal proceedings are conducted and access to information. Immediate operational needs and constraints may make it impossible to ensure, for example, that the same police officer consistently interview the victim; illness, maternity or parental leave are examples of such constraints. This could increase victims' confidence in the criminal justice systems of Member States and reduce the number of unreported crimes. During the fourth session, the Working Group's discussions focused on a zero draft legally binding instrument, as well as a zero draft optional protocol to be annexed to the zero draft legally binding instrument. Financial assistance was needed, but such assistance needed to be independently assessed to ensure that it would contribute to overall wellbeing and development. It doesnt have to be intentional to be unlawful. Robust institutions were needed to deal with the various violations of human rights occurring in the State. Justice cannot be effectively achieved unless victims can properly explain the circumstances of the crime and provide their evidence in a manner understandable to the competent authorities. Social workers seek to enhance the capacity of people to address their own needs. This is known as objective justification. Although the provision of support should not be dependent on victims making a complaint with regard to a criminal offence to a competent authority such as the police, such authorities are often best placed to inform victims of the possibility of support. Independent, impartial justice and transitional justice were also necessary to plug the gaps in the justice system and bring justice to victims of abuses. Such communications shall take into account the personal characteristics of the victim including any disability which may affect the ability to understand or to be understood. Certain conventions on human rights have mechanisms for addressing individual complaints, others may not. Such protection is particularly important for child victims, and includes non-disclosure of the name of the child. Also available through the website are BSL interpretation, web chat services and a contact us form. 10am to 2pm Saturday This requirement should include training on the specific support services to which victims should be referred or specialist training where their work focuses on victims with specific needs and specific psychological training, as appropriate. Such services should therefore have as a primary consideration the interests and needs of the victim, repairing the harm done to the victim and avoiding further harm. It is equally important to ensure that victims are treated in a respectful manner and that they are able to access their rights. Such cooperation shall be aimed at least at: assistance to European networks working on matters directly relevant to victims' rights. This only applies to organisations whose purpose is to practice, promote or teach a religion or belief, whose sole or main purpose is not commercial. The rules of procedure of special sessions of the Human Rights Council will be the same as the rules of procedure applicable for regular sessions of the Human Rights Council. ERIK MSE, Chair of the Independent International Commission of Inquiry on Ukraine, said in May this year, the Council requested the Commission to address events that took place in late February and March 2022 in the areas of Kyiv, Chernihiv, Kharkiv and Sumy, and to brief the Council on the progress of that inquiry in this session of the Council. Member States shall ensure that communications with victims are given in simple and accessible language, orally or in writing. Russia had forcibly deported and arranged the adoption of Ukrainian children. Personal data processed when implementing this Directive should be protected in accordance with Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters(14) and in accordance with the principles laid down in the Council of Europe Convention of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data, which all Member States have ratified. Disclaimer: answers are prepared by library staff using resources available at the time of writing. 2. Without prejudice to the rights of the defence and in accordance with rules of judicial discretion, Member States shall ensure that during criminal investigations: interviews of victims are conducted without unjustified delay after the complaint with regard to a criminal offence has been made to the competent authority; the number of interviews of victims is kept to a minimum and interviews are carried out only where strictly necessary for the purposes of the criminal investigation; victims may be accompanied by their legal representative and a person of their choice, unless a reasoned decision has been made to the contrary; medical examinations are kept to a minimum and are carried out only where strictly necessary for the purposes of the criminal proceedings. 1. Member States shall facilitate the referral of cases, as appropriate to restorative justice services, including through the establishment of procedures or guidelines on the conditions for such referral. Proceedings, Linked Data For the purposes of this Directive the following definitions shall apply: a natural person who has suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by a criminal offence; family members of a person whose death was directly caused by a criminal offence and who have suffered harm as a result of that person's death; family members means the spouse, the person who is living with the victim in a committed intimate relationship, in a joint household and on a stable and continuous basis, the relatives in direct line, the siblings and the dependants of the victim; child means any person below 18 years of age; restorative justice means any process whereby the victim and the offender are enabled, if they freely consent, to participate actively in the resolution of matters arising from the criminal offence through the help of an impartial third party. The conditions or procedural rules under which such property is returned to the victims shall be determined by national law. Yes 2. Victims of terrorism can be under significant public scrutiny and often need social recognition and respectful treatment by society. This is equally relevant for information to enable a victim to decide whether to request a review of a decision not to prosecute. This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Union. Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order(9) establishes a mechanism for the mutual recognition of protection measures in criminal matters between Member States. The Commission would like to have unhindered access to all areas where violations had been taking place, and to investigate them more fully. In relation to Member States participating in the adoption of this Directive, references to that Framework Decision shall be construed as references to this Directive. The right to a review of a decision not to prosecute does not concern special procedures, such as proceedings against members of parliament or government, in relation to the exercise of their official position. 5. Do you want to help improving EUR-Lex ? Announced sham referenda were a cause for despair, one speaker said. The role of victims in the criminal justice system and whether they can participate actively in criminal proceedings vary across Member States, depending on the national system, and is determined by one or more of the following criteria: whether the national system provides for a legal status as a party to criminal proceedings; whether the victim is under a legal requirement or is requested to participate actively in criminal proceedings, for example as a witness; and/or whether the victim has a legal entitlement under national law to participate actively in criminal proceedings and is seeking to do so, where the national system does not provide that victims have the legal status of a party to the criminal proceedings. An internal review of the decision in accordance with existing national procedures would suffice. The term offender refers to a person who has been convicted of a crime. Ukraine, speaking as a country concerned, said the report of the Commission of Inquiry would become an important milestone on a path to accountability for Russias crimes against the people of Ukraine. Protecting the privacy of the victim can be an important means of preventing secondary and repeat victimisation, intimidation and retaliation and can be achieved through a range of measures including non-disclosure or limitations on the disclosure of information concerning the identity and whereabouts of the victim. Civil, political, economic, social and cultural rights all needed to be promoted and upheld in Burundi. This was a question that every actor and each entity on the ground should ask themselves. Interlocutors described beatings, electric shocks, and forced nudity, as well as other types of violations in detention facilities. It should also be ensured that the victim can be understood during proceedings. closed on Sundays and Bank Holidays. This Directive does not address the conditions of the residence of victims of crime in the territory of the Member States. Member States shall promote measures to encourage offenders to provide adequate compensation to victims. Join us and make a difference. There are four main types of sexual orientation discrimination. The Commission, which was independent and impartial, had sought cooperation and dialogue with relevant Governments. Rights of victims resident in another Member State. Indirect discrimination can be permitted if the organisation or employer is able to show that there is a good reason for the policy. One speaker congratulated Ukraine on ratifying the Istanbul Convention. The extent of any such measure should be determined without prejudice to the rights of the defence and in accordance with rules of judicial discretion. Member States shall establish the necessary conditions to enable avoidance of contact between victims and their family members, where necessary, and the offender within premises where criminal proceedings are conducted, unless the criminal proceedings require such contact. The Human Rights Campaign uses cookies to improve your site experience. Member States shall ensure that, following a decision by a competent authority, recoverable property which is seized in the course of criminal proceedings is returned to victims without delay, unless required for the purposes of criminal proceedings. Member States shall take appropriate action, including through the internet, aimed at raising awareness of the rights set out in this Directive, reducing the risk of victimisation, and minimising the negative impact of crime and the risks of secondary and repeat victimisation, of intimidation and of retaliation, in particular by targeting groups at risk such as children, victims of gender-based violence and violence in close relationships. 7. Progress had been made, but much remained to be done. The members of the North Atlantic Treaty Organization were prolonging the conflict by funding Ukraines military. Alternatively, you can visitour advice and guidance page. Due account shall be determined by national law for the physical protection of victims to identify protection. Information should be without prejudice to the human rights violation makes you feel humiliated, offended degraded! 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