Rights behind bars: Access to justice for victims of violent crime suffered in pre-trial or immigration detention Acronyms 5 Definitions 5 Executive summary 6 Introduction Methodology Context of detention 12 15 16 Conceptual dichotomy between victims and detainees 17 Normalisation of violence as part of detention conditions 17 Isolation and vulnerability of detained people 18 Institutional barriers – conflicts of interests and self-protection 19 Legal and financial limitations 20 Scope of EU minimum standards on Victims’ Rights 22 The right to information 24 Definition of the right 25 Specific challenges with respect to accessing the right to information 26 Difficulty in accessing public information on Victims’ Rights 26 Detention Staff do not identify victims of violence and fail to inform them of their rights 26 Information on detainees’ rights is not accessible and not efficiently provided 27 Recommendations 27 Public Authorities 27 Bar associations / lawyers / legal aid boards 28 Victim Support Services 28 Law Enforcement and Judicial Authorities 28 Monitoring bodies including NPMs 28 Access to justice 30 Definition of the right 31 Challenges with respect to the right to participate in criminal proceedings 32 Barriers to filing criminal complaint 32 Difficulties in accessing evidence of violence 34 Difficulty in proving that violence by Detention Staff is illegitimate 34 Difficulties in accessing to lawyers and legal aid 35 Violence in closed institutions is dealt with internally 36 Impunity resulting from the lack of political will to investigate and prosecute 36 Recommendations 37 Public Authorities 37 Bar associations / lawyers / legal aid boards 38 Law enforcement and judicial authorities 38 Monitoring bodies including NPMs 39 3