access these mechanisms, they rarely, if ever, get referred. The existing framework for support services is simply not adapted to victims in detention. Organisations that provide services (police services to file complaints, Victim Support Services, NGOs who work with victims and lawyers specialised in Victims’ Rights) do not normally enter detention facilities. • Compensation: The right to compensation is largely unavailable for victims of violent crime in detention. Many of the challenges are the same as those encountered by victims generally: length of legal proceedings, link between state compensation and criminal proceedings, quantum of compensation, and the difficulty in accessing remedies across-borders. Victims in detention, however, face additional challenges as a result of their inability to access the justice system. Furthermore, complaint mechanisms available to detainees do not generally include the award of compensation. The ineffective implementation of the rights of victims in detention results in a lack of adequate investigations into, and accountability for, violence. This contributes to a climate of impunity, leading to the recurrence of acts of violence, arbitrariness and, ultimately, threatens the rule of law itself in places of detention. It leaves detainees in an unbearable position of vulnerability, contributing to high levels of mental ill-health, self-harm and suicide. • Detainees should be recognised and highlighted as an “at risk” group for violent crime, repeat victimisation and intimidation, and awareness-raising campaigns and education programmes should be undertaken and aimed, in particular, at Detention Staff and victims’ support services. • Data should be collected and published to allow for oversight and research, including on: (i) the number of complaints, investigations, prosecutions and convictions of violent crime against detained victims; (ii) the use of force by Detention Staff, and associated disciplinary procedures against Detention Staff or against detainees; (iii) detainees supported by Victim Support Services ; (iv) protection measures implemented in detention; and (v) compensation awarded. • In violation of EU law, some Member States limit access to some Victims’ Rights based on a victim’s nationality or residence. These laws should be reformed to ensure that all Victims’ Rights are protected. Detention Administration and Staff • Because of the key role of Detention Staff in ensuring Victims’ Rights are respected, training on Victims’ Rights (including on how to identify victims) should be made a formal part of the education of Detention Staff, and workshops should be organised in cooperation with Victim Support Services to strengthen cooperation. • Taking into account the prevalence of violence in detention, and the reluctance of detainees to report violent crime, information on Victims’ Rights must be provided before situations of victimisation arise. Detention Staff should, therefore, provide accessible information on Victims’ Rights when people enter detention and as soon as there is any indication that a detainee may have been a victim. They should also ensure that information is provided in plain language and in a language the detainee understands. • A clear protocol should be adopted on the steps Detention Staff must take when there is an allegation of violence or when they become aware of such situations, including systematically to: preserve evidence of crime (including audio-visual recordings); report alleged violent crime to law enforcement; and undertake an individual needs assessment to implement protective measures. • Detention Administrations should work with Victim Support Services, lawyers, law enforcement and other agencies and should actively facilitate their access to places of detention. This would increase the likelihood of detained victims being able to access the services that are available to victims of violence in the outside world. It would also increase transparency and oversight of places of detention. Overview of recommendations Overcoming these obstacles to justice for victims of violent crime suffered in detention poses serious challenges. There are, however, measures that can be taken to address these challenges. Public Authorities • • 8 Because detainees will rarely, if ever, come into contact with law enforcement authorities (typically designated as the “competent authorities” for supporting victims in exercising their rights under EU law) Detention Staff should also be treated as “competent authorities” for these purposes. Detention Staff are often the first and the only contact with authorities that a victim of violent crime suffered in detention may have. A clear framework should be adopted setting out the responsibilities of Detention Staff and detention administrations in securing the rights of victims of violent crime. This should, for example, include: the timely provision of accessible information on rights; preserving and sharing evidence of alleged crimes; reporting of possible offences to law enforcement; facilitating detainees’ communication with law enforcement, lawyers, medics and Victim Support Services; and the obligation to protect detained victims against secondary victimisation, intimidation or retaliation.