Figure 2: Human rights in the context of crimes against the person Human rights in the context of crimes against the person Crime prevention in relation to crimes against the person Criminal law protection Clear criminal law provisions denouncing human rights violations directed against the person and announcing sanctions After a crime has been committed: an effective investigation, prosecution, conviction and sanctions that implement the criminal code and maintain its credibility A victim’s right to justice after a crime against the person has been committed Targeted operational protection measures in specific situations Protection in case of a concrete and imminent danger After a crime has been committed: A victim’s protection against repeat victimisation Protection of an arrested person Criminalisation of fundamental rights abuses directed against the person as a precondition of any prosecution (principle of legality, Article 49 of the Charter) Procedural justice: In cases of suspicion, a right to an effective investigation and prosecution as well as to fair trial rights in criminal proceedings Outcome justice: Establishment of the truth, conviction of the offender and sanctions that right the wrong done to the victim and vindicate the messages implicit in the offence Source: FRA, 2019 Challenges with respect to the right to protection The risk of repeat victimisation, intimidation or reprisals in detention is high. A detainee who decides to file a complaint exposes themselves to multiple risks of retaliation. The range of retaliation measures that Detention Staff may use against detainees is extremely wide and may impact their physical or mental integrity in various ways. Aside from repeat violence, they may also be measures that affect the quality of detainees’ daily life in detention, including their sleep, activities, security, food, transfers, etc.124 In France, a former detainee explained that when they decide to file a complaint, detainees must prepare themselves for “war”:125 We have to tell ourselves that we're going to win. And then we have to hold on. Some detainees weigh the difficulties they will face against the lack of assurance that the complaint succeeds, and finally abstain. Retaliation measures may even extend to the families of detainees. In Hungary, research has shown that not only victims of crime in detention can face problems while trying to access their right to protection, but also their families if they are in detention. 124 See e.g., Observatoire International des Prisons (France), Omerta, Opacité, Impunité, Enquête sur les violences commises par des agents pénitentiaires sur les personnes détenues, 2019, p. 44, available at: https://oip.org/publication/rapport-denquete-sur-les-violences-commises-par-des-agents-penitentiaires-sur-les-personnes-detenues/. 125 Ibid (free translation). 42