Victim Support Services do not generally
provide services in detention
Lack of training or protocol for Detention
Administration to contact Victim Support Services
Victim Support Services, whether run as public entities or
charities, are typically absent from Detention Centres and do
not regularly provide services to detainees in any of the
Member States studied. The conceptual dichotomy between
victims and detainees means that Victim Support Services
are not conceived of as being relevant to detainees. When
publicly funded, the organic fragmentation of services – to
victims or to detainees – may imply that serving detainees is
often not understood to be part of the mandate of Victim
Support Services. Indeed, as in Croatia, Victim Support
Services may not be even permitted access to places of
detention.
As explained in the context of the right to information and
to protection, although the Detention Administration is often
the only authority which is likely to be in contact with victims
in detention, they lack training and awareness on Victims’
Rights, including on the availability of Victim Support
Services.
In Belgium, this dichotomy appears clearly. Victim Support
Services are provided through publicly-funded NGOs which
exist alongside (but separately to) other publicly-funded
services for detainees. These provide moral, social,
psychological, material and cultural support to detainees and
their families and prepare their rehabilitation. Although these
two support services are sometimes located within the same
building and organisation, there is a clear dichotomy in the
services offered. Their target group is either victims or
detainees. As a result, Victim Support Services rarely visit
Detention Centres and detainees’ support services are not
specially trained to inform detainees on their rights or to
assist them as victims. In practice, detainee support services
rarely ask questions about detention conditions, and if they
learn about violence, do not always have the tools to help
victims. In addition, it appears that there is no clear protocol
for liaison between the two sets of services.
48
Detainees do not contact Victim Support Services
For the same reasons observed with other rights under the
2012 Directive, detainees generally do not contact Victim
Support Services. This is because they do not see themselves
as victims, are not informed of their right to these services,
have limited means of communication with the outside
world, do not report crimes committed against them, or fear
reprisals. In practice, like many other Victims’ Rights, these
services are also not accessible unless a criminal complaint
is filed.
Language barriers are also a difficulty. In most Member
States where the research was conducted, Victim Support
Services are only accessible by phone for detainees. For
foreign detainees, in particular in immigration detention,
communication will simply not be possible because the
operators taking phone calls rarely speak English, let alone
other foreign languages. Detainees may also be reluctant to
contact Victim Support Services as they may seem
connected with Law Enforcement Authorities because, in
some Member States, these services are located with police
and therefore not seen to be independent.
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