Rights behind bars: Access to justice for victims of violent crime suffered in pre-trial or immigration detention Definition of the right The 2012 Directive provides for the right of victims to receive information in order for them to exercise the rights it enshrines. More specifically, the 2012 Directive provides the right for victims to receive the following information “from the first contact with a competent authority” and “without unnecessary delay (…) in order to enable them to access the rights set out in this Directive”:55 (a) the type of support they can obtain and from whom, including, where relevant, basic information about access to medical support, any specialist support, including psychological support, and alternative accommodation; (b) the procedures for making complaints with regard to a criminal offence and their role in connection with such procedures; (c) how and under what conditions they can obtain protection, including protection measures; (d) how and under what conditions they can access legal advice, legal aid and any other sort of advice; (e) how and under what conditions they can access compensation; (f) how and under what conditions they are entitled to interpretation and translation; (g) if they are resident in a Member State other than that where the criminal offence was committed, any special measures, procedures or arrangements, which are available to protect their interests in the Member State where the first contact with the competent authority is made; (h) the available procedures for making complaints where their rights are not respected by the competent authority operating within the context of criminal proceedings; (i) the contact details for communications about their case; (j) the available restorative justice services; (k) how and under what conditions expenses incurred as a result of their participation in the criminal proceedings can be reimbursed. The 2012 Directive does not define the concept of a “competent authority”. It is not necessarily associated with the police or other Law Enforcement Authorities. The expression includes any national authority or state official that is identified as a “competent authority” in national law, for the purpose of the implementation of the 2012 Directive. 55 56 57 58 59 60 61 62 They are distinct from Victim Support Services and restorative justice authorities, although these other services and authorities may also give information to victims under the 2012 Directive.56 Competent authorities are required to provide information about “the procedures for making complaints with regard to a criminal offence”,57 which seems to indicate that competent authorities may intervene prior to the criminal complaint. This is also supported by the recitals in Directive 2012 which specify that: “[s]upport should be available from the moment the competent authorities are aware of the victim and throughout criminal proceedings and for an appropriate time after such proceedings in accordance with the needs of the victim and the rights set out in this Directive.”58 Thus, if authorities are aware of a victimisation situation, despite the victim not having filed a complaint, they are under an obligation to provide the support required under the 2012 Directive, irrespective of criminal proceedings. The 2012 Directive specifies that information “should, as far as possible, be given by means of a range of media and in a manner which can be understood by the victim (…) [and] should be provided in simple and accessible language.”59 In all contacts with a competent authority or with “any service coming into contact with victims (…) the personal situation and immediate needs, age, gender, possible disability and maturity of victims of crime should be taken into account (…)”.60 The right to understand and to be understood therefore goes beyond mere translation but requires adaptation to the specific needs of the victim. Member States are also explicitly required to raise awareness of Victims’ Rights in order to reduce the risk of victimisation and minimise the risks of secondary and repeat victimisation, intimidation and retaliation “in particular by targeting groups at risk such as children, victims of gender-based violence and violence in close relationships. Such action may include information and awareness raising campaigns and research and education programmes, where appropriate in cooperation with relevant civil society organisations and other stakeholders.”61 Although the 2012 Directive refers to a non-exhaustive list of “at risk” groups, it makes no distinction among victims, whether they are nationals, EU citizens or nationals from third countries, in police custody, in detention or undocumented.62 Finally, the 2012 Directive provides that officials likely to come into contact with victims should “receive both general and specialist training to a level appropriate to their contact with victims to increase their awareness of the needs of victims and to enable them to deal with victims in an Article 4 of the 2012 Directive. Recital 21 of the 2012 Directive. Article 4(1)(b) of the 2012 Directive. Recital 37 of the 2012 Directive. Recital 21 of the 2012 Directive. Recital 9 of the 2012 Directive. Article 26(2) of the 2012 Directive. Article 1 of the 2012 Directive. 25