In Finland, 97 Denmark, 98 and Spain, 99 for
example, the Parliamentary Ombudsmen can
be approached.
Support to victims of torture and
traumatised persons
Follow up to incidents
The Victims’ Rights Directive (2012/29/EU) 101
provides for a comprehensive set of rights for
victims of crime, which aim to guarantee that
they receive appropriate information,
protection and support. 102 Article 9 (1) of the
directive requires Member States to provide
victim support services. These include, among
others, “information, advice, and support
relevant to the rights of victims” and
“emotional
and,
where
available,
psychological support”.
Ensuring follow up to individual incidents with
effective investigation is important to convey
a zero-tolerance approach to ill-treatment.
However, this does not appear to happen
regularly. In Hungary, for example, the NGO
MigSzol notes that reported instances of
violence do not lead to investigations or, if
they do, the investigations generally conclude
that officials committed no violence.100
As the following example shows, incidents
can also be effectively followed up with new
policy measures.
Responding
Germany
to
excessive
violence
Article 25 (1) of the Reception Conditions
Directive (2013/32/EU) 103 obliges Member
States to “ensure that persons who have
been subjected to torture, rape or other
serious acts of violence receive the necessary
treatment for the damage caused by such
acts, in particular access to appropriate
medical and psychological treatment or care”.
in
In Germany, security men were accused of
severely mistreating asylum applicants in
North Rhine-Westphalia. Following the
incident, the Ministry of the Interior together
with non-governmental organisations took
the following measures:
General Comment No. 3 of the Committee
against Torture stipulates that victims of
torture have a right to full rehabilitation,
which includes medical and psychological
care as well as legal and social services. To
fulfil this obligation, each State Party should
adopt a long-term and integrated approach
and ensure that specialised services for
victims of torture or ill-treatment are
available,
appropriate
and
promptly
accessible. 104
• A supra-regional coordination centre
(überregionale Koordinationsstelle) was
established to follow up and address
specific allegations and to detect structural
deficiencies;
• a roundtable hosted by the Ministry of the
Interior was made responsible for
monitoring and addressing structural
deficiencies;
Victims of torture and traumatised persons
require different forms of support. Depending
on the case, this can include, among others,
special
accommodation
arrangements,
psychosocial
counselling,
specialised
healthcare, legal support and information,
and interpretation to be able to effectively
access existing services.
• mobile control groups were set up to check
refugee accommodation facilities on a
regular basis, and standards for security
companies guarding reception facilities
were improved.
Sources: DW, German police raid security firm
accused of abusing asylum seekers; German
Institute for Human Rights, ‘Entwicklung der
Menschenrechtssituation in Deutschland Januar
2015 – Juni 2016’, p. 72; Germany, Response of
the North Rhine-Westphalian government
Facilities
Accommodation needs may be covered
either by placing the asylum applicant in a
specialised care facility or by making other
arrangements within existing reception
centres. For example, specialised care
facilities can be provided by the state in
Austria 105 or Germany. 106
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