Rights behind bars: Access to justice for victims of violent crime suffered in pre-trial or immigration detention shoulder dislocation and being taken to the hospital unconscious, the detainee was awarded 50 Euros compensation. These amounts are not proportionate to the damage suffered and are considerably lower than the compensation that would be obtained through judicial proceedings.156 • Increase the level of compensation awarded to better reflect the gravity of harm suffered by victims in detention and include other forms of compensation such as the provision of free psychological and specialist services. • Collect and publish data on compensation awarded to victims of violent crime suffered in detention to allow for effective monitoring. • When proceedings are ongoing to recover compensation and the victim is no longer in the territory, ensure communication with them and/or the relevant national authorities in the state where they reside. Recommendations Public Authorities • Guarantee access to State compensation for all victims of crime committed on the Member States’ territory, regardless of the victim’s nationality and residence status. • Provide effective legal aid to victims of violent crime suffered in detention, covering legal advice and representation, as well as translation and interpretation costs, as required by the 2012 Directive.157 Legal aid must be made available to all victims irrespective of their nationality and residence status.158 • Create a State entity capable of acting on behalf of victims of violent crime to enforce a judicial award for compensation against an offender. • Allow for more flexible eligibility conditions to State compensation for detainees who may not easily access criminal complaint mechanisms. In particular, it is necessary to guarantee access to State compensation mechanisms when disciplinary sanctions are taken against a member of Detention Staff for violence or ill-treatment against a detainee, regardless of whether the victim has filed a criminal, civil or administrative complaint. Victim Support Services • Actively support the detainees who suffer from violent crime in detention to help them obtain compensation from the offender or the state. Bar associations / lawyers / legal aid boards • Provide guidance to lawyers to ensure that they offer meaningful support to detainees in legal actions for compensation from the offender or the state. 156 REDRESS, The Rights of Victims of Violent Crimes in Pre-Trial and Immigration Detention: Report on The Netherlands, March 2019, pp. 53-54, available at: https://redress.org/news/new-report-on-the-rights-of-victims-of-violent-crimes-in-pre-trial-and-immigration-detention-in-the-netherlands/. 157 See also recommendation 34 of Special Adviser, J. Milquet, to the President of the European Commission, Strengthening Victims’ Rights: From Compensation to Reparation, 2019, pp. 23-24, available at: https://ec.europa.eu/info/sites/info/files/strengthening_victims_rights_-_from_compensation_to_reparation_rev.pdf. 158 Ibid, recommendation 35. 53