Rights of crime victims in cross-border transfers
be passed to authorities there, and victims are kept
informed through the Victims Liaison Unit.
Right to interpretation and translation
assistance
As cross-border transfers involve different working
languages of foreign authorities, victims may have
difficulties communicating with authorities to get the
information they seek. The United Kingdom appears
to be the only EU Member State that, through legislation, provides interpretation and translation services to
victims of crime to assist them in understanding information related to transfers of persons who have been
convicted of a crime against them. This applies to circumstances falling under the Framework Decision on
transfer of prisoners. In practice, five other EU Member
States also provide this service to victims of crime, in
relation to two or more of the Framework Decisions
(the Czech Republic, Ireland, Latvia, Slovakia and Spain).
Promising practice
Informing victims of crime
In implementing the Framework Decision on
probation measures and alternative sanctions,
the Ministry of Justice in Belgium issued a Joint
Circular on 19 August 2014, which provides that
the public prosecutor must pay attention to
the situation of the victim before transferring
a judgment to another Member State.
Source: Belgium, Ministry of Justice, 5 June 2015
Right of victims to express their views
on transfers
As for active involvement in the transfer procedure,
only a handful of Member States provide victims with
a right to be heard when making decisions on whether
or not to transfer suspects or sentenced persons. The
United Kingdom provides for this in law, while Belgium
and Spain have an established practice of hearing the
opinions of victims. In the United Kingdom, victims or
their families can enter written representations in relation to transfers, which can be presented in any language to be translated into English. While victims do
not have a veto over transfers, any representations will
be considered carefully when determining whether to
proceed with a transfer. It is possible, therefore, that
a transfer may not go ahead if a victim’s representations are considered compelling.350 In Spain, in the case
of probation, victims can request measures to ensure
their safety, and they must be heard.351 In Belgium, while
there is no legal provision,352 in practice, the opinion
of the victim may exceptionally be requested when
the competent authority deems it useful in adopting
a decision.353
Conclusion and FRA Opinion
In the context of cross-border transfers of suspects,
accused and sentenced persons, victims’ rights to information and participation are affected. Two of the three
Framework Decisions on transfers identify the protection of victims as overarching goals. Rights of victims
are not explicitly mentioned in any of the three Framework Decisions. The Victims’ Rights Directive – adopted
three to four years after the Framework Decisions – contains relevant rules in this regard. FRA’s overall findings
show that, while it is not common for Member States to
address victims in legislation implementing the three
Framework Decisions, some states in practice do take
victims into consideration and keep them informed
when organising and making decisions on transfers.
While a victim’s right to information on transfers of suspects or sentenced persons is not established, the right
to receive information related to an offender’s release
or escape – including in transfer situations – stems from
Article 6 (5) of the Victims’ Rights Directive. Regardless
of whether or not Member States have laws or practices establishing victims’ right to receive information,
FRA’s research suggests that, in general, information is
not automatically offered but is dependent on victims
actively requesting the information from authorities.
FRA’s findings on the implementation of the Framework
Decisions show that such rights are granted to victims
in the post-trial phase only in a minority of Member
States. However, the deadline for transposing the Victims’ Rights Directive – 16 November 2015 – had not
passed at the time of data collection for this research,
and Member States are expected to make progress in
this area in the coming months and years.
350 United Kingdom, Representative of NOMS.
351 Spain, Law 4/2015 on the Statute of Crime Victims (Ley
4/2015, de 27 de abril, del Estatuto de la víctima del delito),
28 April 2015, Art. 13.
352 Belgium, Representative of the Ministry of Justice and Joyn
Legal law firm.
353 Belgium, Representative of the Ministry of Justice.
105
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