Rights behind bars: Access to justice for victims of violent crime suffered in pre-trial or immigration detention
Methodology
Fair Trials and its partners conducted
local desk-based research on the legal
and institutional framework available for
victims in general, and for victims in
immigration and pre-trial detention
specifically, in six jurisdictions: Belgium,
Croatia, Hungary, Italy, the Netherlands
and Sweden. This drew on legislation,
administrative guidelines, internal rules,
secondary law and case law; as well as
on news items and academic research.
In each Member State, partners also
conducted interviews with key
stakeholders, including (where possible)
victims themselves, lawyers, Detention
Staff, professionals working in detention
(e.g. probation services, social services,
health care professionals) and NGO
staff. These interviews helped partners
compare their desk research with the
reality and practice of detention.
Collecting data was challenging. First,
there is very limited quantitative data
available with respect to occurrences of
violent crime in detention and its
treatment by national authorities
(criminal or administrative investigations
into allegations of violence and the
outcomes
of
prosecution
or
administrative proceedingsy). Secondly,
in some Member States, civil society
organisations’ and lawyers’ access to
Detention Centres (see defined terms)
is systematically obstructed, which
inevitably limited the accessibility of
information. Finally, stakeholders
working in Detention Centres, who may
witness or hold information about
violence in detention, were not always
willing to talk about their experiences
for fear of retaliation from colleagues or
of the impact on their employment by
the administration of pre-trial22 or
immigration the administration of
Detention
Centres
(“Detention
Administration”).
In each of the six Member States,
roundtable meetings were organised in
early 2019, bringing together key local
stakeholders to discuss the challenges
that victims of violent crime in detention
face in accessing and enforcing Victims’
Rights, and possible solutions.
Participants included representatives
from the national authorities in charge
of pre-trial and immigration detention,
prison and probation authorities, prison
directors, detention monitoring bodies,
civil society organisations working with
migrants and pre-trial detainees, victims
support organisations and criminal
defence and immigration lawyers.
Following the roundtables, each partner
organisation produced a short national
guidance note, summarising the
challenges they identified together with
recommendations
to
improve
detainees’ ability to exercise Victims’
Rights.23
In September 2019, two regional policy
meetings were organised in The Hague
with participants from 15 Member
States, and various international
organisations, on pre-trial detention and
immigration detention respectively.
Participants included representatives
from Ombudsperson offices, National
Preventive Mechanisms (“NPMs”),
governments, criminal defence and
immigration
lawyers,
academics,
victims’ organisations and other EU and
international experts. The aim of the
meetings
was
to
discuss
implementation issues surrounding
access to Victims’ Rights in detention
and to compare the findings in respect
of the six Member States examined to
that in other Member States, in order to
identify possible recommendations.
This report draws on all the work described above as well as from additional
international and comparative publications and reports in the field. If you
are interested in learning more about the project or have any comments
on the contents of this report, please do not hesitate to contact us.
23
For further information about the national research and guidance notes, please contact the relevant national partners.
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