Rights behind bars: Access to justice for victims of violent crime suffered in pre-trial or immigration detention • • Many detainees are afraid to report abuse by Detention Staff or co-detainees, so it is crucial to try to overcome these barriers. One mechanism would be to ensure detainees have secure, confidential and fast-track channels of communication to report crime to law enforcement, lawyers and Victim Support Services. It is also crucial to ensure effective access to confidential and independent medical assistance and assessment. Steps must be taken to increase oversight of Detention Staff in order to deter cases of abuse and address the culture of silence. This should, for example, include clear and detailed records of decisions to apply disciplinary measures (in particular, every use of force); an obligation to report allegations of ill-treatment and violence to law enforcement authorities; and oversight of compliance with laws and procedures to protect victims of violent crime, with appropriate sanctions where these are violated. lawyers should receive training on Victims’ Rights, identifying victimisation, and supporting criminal complaints and compensation claims. • Law Enforcement and Judicial Authorities • To address the serious under-reporting of violent crimes in detention, law enforcement authorities should adapt their procedures and work with Detention Administrations and other agencies to make it as easy as possible for detainees to report crimes. • Because of the conceptual dichotomy between victims and detainees, Victim Support Services are not set-up to recognise and support detainees as an “at-risk” group. To try to overcome this challenge, and increase recognition of the needs of this vulnerable group, Victim Support Services should provide specialist training to their staff. Given the reluctance of detainees to report crimes to law enforcement (and the lack of perceived and actual priority given to investigating crimes in detention), clear policies should be put in place requiring law enforcement authorities to investigate and prosecute allegations of violence (whether by Detention Staff or co-detainees) and to ensure that allegations do not negatively impact ongoing criminal or immigration proceedings relating to the detainee. • Victim support services should be adapted so that they more effectively support detained victims of violent crime in detention, including to access justice, obtain compensation and protect against re-victimisation. Victim Support Services should also consider creating specialised teams for detained victims. Specialist teams should be created in law enforcement authorities to deal with criminality in places of detention, including ill-treatment by Detention Staff. This would allow for specialist training to be provided as well as a focal point for Detention Staff and Administration, lawyers and Victim Support Services. • Specific protocols should be put in place to support effective investigations and prosecutions, including to: require the Detention Administration to explain and justify the use of force (rather than requiring the victim to prove that it was unjustified); ensure that evidence is secured from places of detention; and protect detained victims and witnesses in ongoing proceedings. Victim Support Services • • • To increase their access to places of detention, Victim Support Services should work with Detention Administrations (in coordination with lawyers, detention monitoring bodies and NGOs) to provide accessible information on Victims’ Rights to detainees and to organise “desks” in places of detention, regular visits and hotlines for detainees. Bar associations, lawyers, legal aid boards • • Because most detainees do not have the means to pay for the legal services they need to exercise their Victims’ Rights, legal aid should be available, including (where necessary) to cover the costs of translation and interpretation. Lawyers could play a key role in detecting victimisation situations, informing their clients of their rights as victims and helping them to gather evidence and file complaints. They should work with Detention Administrations and other agencies to facilitate access to legal advice in Detention Centres, for example by creating legal clinics or hotlines. Most lawyers working with detainees are not specialists in Victims’ Rights, focusing instead on defending the detainee in criminal or immigration proceedings. These Detention monitoring bodies • As a mechanism for independent oversight of places of detention, detention monitoring bodies (such as National Preventive Mechanisms) should review and report on whether effective steps are being taken to ensure that victims of violent crime in detention are informed of, and able to exercise, their rights as victims. • Monitoring bodies should facilitate investigations of violent crime in detention, by referring systemic concerns and, where appropriate, individual allegations to law enforcement authorities and by assisting criminal investigations. 9