• Outline minimum requirements for national protocols
setting out the responsibilities of Detention Staff and
detention administrations in securing the rights of
detained victims of violent crime, including: 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 against
secondary victimisation.
European Union
•
Legislation at a regional level could help to reduce the
incidence of violent crime in detention. In particular:
• EU-wide legal standards to improve decision-making
on pre-trial detention could reduce the unjustified use
of detention, keeping more people out of detention
and away from the heightened risk that they will
become victims of violence.
• EU legislation setting out minimum standards on
detention conditions could make prison conditions
more humane. This would in turn reduce the likelihood
of violence and improve the capacity of Detention
Administrations to effectively address incidences of
violence.
•
Recognising the high rates of violence in detention, the
vulnerability of detainees and the barriers to access to
justice, the EU should produce guidance on the
implementation of the EU law with respect to victims in
detention. This should, in particular:
• Clarify that detainees who are victims of violence are
vulnerable, within the meaning of EU law;
• Require that “competent authorities” include Detention
Staff, to address the fact that these are the only
authorities that most detainees are able to access; and
10
•
The EU should offer technical and financial support to
assist in the implementation of the recommendations
outlined above. For example, specialist training should
be funded for professionals working with detainees, such
as Detention Staff and Victim Support Services.
•
The European Commission should monitor the effective
implementation of EU law on Victims’ Rights by Member
States with respect to this vulnerable group. This could,
for example, include a requirement to provide copies of
national protocols for the protection of victims of violent
crime in detention; and a requirement to provide data
on how victims in detention have accessed their rights
under EU law, such as the number of complaints,
investigations, prosecution and convictions of violent
crime against detained victims.