Activities of Angelika MLINAR related to 2016/2328(INI)
Plenary speeches (2)
Minimum standards on the rights, support and protection of victims of crime (debate)
Minimum standards on the rights, support and protection of victims of crime (debate)
Reports (1)
REPORT on the implementation of Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime PDF (727 KB) DOC (83 KB)
Amendments (64)
Amendment 2 #
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, adopted on 29 November 1985,
Amendment 4 #
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims,
Amendment 6 #
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matters,
Amendment 10 #
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
- having regard to the European Parliament study of September 2017 entitled 'How can the EU and the Member States better help victims of terrorism?'
Amendment 24 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. Whereas victim support groups encompass the needs of victims, amongst their legal support, into four necessities: the right to justice, dignity, truth and memory, by which the later stands for rebuking terrorism unconditionally
Amendment 52 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. Whereas in a considerable number of cases the victim is also the most important witness in the trial and needs to be protected from possible retaliatory or threatening behaviour from the offender; therefore the need for security should be extended to include prevention of repeat or secondary victimisation;
Amendment 53 #
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. Whereas victims and family members are not sufficiently informed about their rights when a crime has occurred in a Member State other than where the victim resides; Whereas different definitions of the concept of 'victim' exist across Member States where national legislations extend coverage to differing degrees, e.g. to family members;
Amendment 56 #
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. Whereas certain rights such as the right to financial aid and compensation where not granted to or properly executed to the victims of the 2016 terrorist attacks in Brussels in accordance with the provisions the Victims’ Directive foresees;
Amendment 58 #
Motion for a resolution
Recital I – indent 4
Recital I – indent 4
- ensuring equal accessibility for allto all victims, including persons with disabilities, LGBTI persons and child victims, to victim support services, particularly in the cases of LGBT victims of gender- based violence, including sexual violence, , and victims of hate crimes and honour- related crimes;
Amendment 73 #
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. Whereas victims of crime regularly report that enduring the process of justice is itself a type of victimization - a secondary or re-victimization; whereas factors that impact how victims experience the system include how they are treated during the process, and the amount of control and participatory access that they have;
Amendment 74 #
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. Whereas victims of terrorism have suffered attacks that are intended ultimately to harm society or a larger group they represent. They therefore need special attention, support and social recognition due to the particular nature of the crime that has been committed against them;
Amendment 77 #
Motion for a resolution
Recital I b (new)
Recital I b (new)
I b. Whereas specific attention must be given to the safety and protection of the children of women victims of gender based violence and domestic violence;
Amendment 83 #
Motion for a resolution
Paragraph 4 – indent 1
Paragraph 4 – indent 1
- shortcomings in victim support services, including weak links in the victim support system and inconsistent referral mechanisms,
Amendment 93 #
Motion for a resolution
Paragraph 5 – subparagraph 1 (new)
Paragraph 5 – subparagraph 1 (new)
Notes that Article 4 on the Right to receive specific information in simple and accessible language without unnecessary delay from the first contact with a competent authority is one of the strengths of the Directive, as it helps to enable victims to exercise their rights to available support and protection as set out in the Directive;
Amendment 98 #
Motion for a resolution
Paragraph 6 – subparagraph 1 (new)
Paragraph 6 – subparagraph 1 (new)
Underlines that the lack of providing information to the victim before, during and after criminal proceedings results in a poor enjoyment of victim’s rights, dissatisfaction towards the justice system and discourages the victim to actively participate in the criminal proceedings;
Amendment 99 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Deplores that too many Member States have failed to implement, in their legislation, individual victim assessments, leading to inefficiency when it comes to detecting and identifying their specific needs, to treating them with respect and dignity and, as a consequence, to granting them protection in accordance with their specific needs, including the specific protection needs for children of victims of gender based violence;
Amendment 101 #
Motion for a resolution
Paragraph 8 – subparagraph 1 (new)
Paragraph 8 – subparagraph 1 (new)
Notes that due to other instruments addressing similar successive additions to the victims’ rights, it complicates coherence with the victims’ directive;
Amendment 105 #
Motion for a resolution
Paragraph 22 – subparagraph 1 (new)
Paragraph 22 – subparagraph 1 (new)
Calls on Member States to ensure that residency status should not be a criterion to have full enjoyment of the rights of victims, particularly in cases when the victim is resident in another Member State. Calls on the member States to establish specific measures to ensure the provision of information to victims not resident in the territory where the crime took place; such measures shall in particular focus on the rights of non- resident victims within criminal proceedings and for compensation;
Amendment 106 #
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Calls on the Member States to clarify their national provisions on extraterritoriality so as to guarantee the right of victims of crimes committed in a Member State other than that in which they reside to lodge complaints with the competent authorities of the Member State of residence;
Amendment 109 #
Motion for a resolution
Paragraph 27 – subparagraph 1 (new)
Paragraph 27 – subparagraph 1 (new)
Calls on Member States to assure that, if the victim does not reside in the Member State where the act of terrorism took place, this Member State should cooperate with the Member State of residence in order to facilitate assistance for the victim;
Amendment 117 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Urges the Member States to take adequate measures to prevent secondary or re-victimization before and during the legal process and explicitly sanction victim blaming attempts in court;
Amendment 118 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Calls on the Member States to actively engage in campaigns to prevent gender based violence and re- victimization in the justice system and in the media; and to encourage the private sector, the information technology sector and the media to make use of their potential and participate in the prevention of violence against women and domestic violence;
Amendment 126 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Member States to properly implement in their legislation the individual assessment of the victims, this being an essential procedural step to detect and identify the specific needs of a victim, and consequently to grant specific protection in accordance with the victim’s needs; the individual assessment needs to be reviewed on a regular basis to determine on-going support needs, and a follow-up review within an appropriate period of time after the crime happened, based on existing knowledge of trauma reactions, shall be provided to victims.
Amendment 130 #
Motion for a resolution
Paragraph 11 – subparagraph 1 (new)
Paragraph 11 – subparagraph 1 (new)
Regrets the difficulties experienced by victims to access support services; Deplores that in some Member States, victims support services have still not been set up; Highlights that victim support services should be accessible even when a person has not proven yet that he or she is victim of a crime, or before any official procedure or act has taken place;
Amendment 132 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to pay particular attention to the individual assessment of minors and of child victims of human traffickingany form of crime, and stresses the need to deal with children and young victims in a way that takes proper account of their vulnerability;
Amendment 134 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to ensure that all individual assessments are gender sensitive and to pay particular attention to the individual assessment of minors and of child victims of human trafficking;
Amendment 139 #
Motion for a resolution
Paragraph 14 – subparagraph 1 (new)
Paragraph 14 – subparagraph 1 (new)
Calls on the Member States to provide specific training for persons responsible for assisting victims of terrorist acts, as well as granting the necessary resources to that effect;
Amendment 141 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission and the Member States to provide gender sensitive training programmes and guidelines for law practitioners, police officers, prosecutors and judge, judges and health professionals to ensuring that they are better able to execute individual assessments without delay once a crime has taken place, to avoid further victimisation or secondary victimisation experienced by victims of crime and to empower victims, as a means of reducing post-traumatic stress; stresses that such training should also be included in education programmes and that compulsory training should be available, on a regular basis, to all professionals involved in dealing with victims of crime, in order to develop a victim-oriented mind- set; trainings should include guidance on how to ensure the victims' right to be protected from coercion, abuse and violence and the right to respect their body and mental health integrity;
Amendment 146 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission and the Member States to provide training programmes and guidelines for law practitioners, police officers, prosecutors and judges to ensuring that they are better able to execute individual assessments without delay once a crime has taken place, to avoid further victimisation or secondary victimisation experienced by victims of crime and to empower victimsprovide victims with information about their rights and the services which they can access and to empower them, as a means of reducing post-traumatic stress; stresses that such training should also be included in education programmes and that compulsory training should be available, on a regular basis, to all professionals involved in dealing with victims of crime, in order to develop a victim-oriented mind- set;
Amendment 148 #
Motion for a resolution
Paragraph 18 – subparagraph 1 (new)
Paragraph 18 – subparagraph 1 (new)
Calls on the Member States to ensure they comply with all obligations on training for police officers and to include in their training how to conduct the individual assessment of victims in a timely manner while ensuring its efficient and flawless implementation
Amendment 153 #
Motion for a resolution
Paragraph 17 – subparagraph 1 (new)
Paragraph 17 – subparagraph 1 (new)
Calls on Member States to provide training to a wide range of healthcare professionals including general practitioners, doctors specialized in emergency assistance, nurses, medical assistants, clinical social workers and reception staff with a view to providing an effective response to the victim, particularly in relation to gender-based violence ; recommends placing a duty on medical staff in hospitals to report suspected crimes to the police and provide victims with information on their rights and access to support;
Amendment 157 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Member States to guarantee access for victims of crimes committed in another Member State to information concerning their rights and to the support services and compensation schemes available in the Member State in which the crime was committed; calls, in this regard, on the Member States to take appropriate action to facilitate cooperation between their competent authorities or entities providing specialist support to ensure that victims have effective access to such information and services;
Amendment 160 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls oin the Member States to provide measures – such as facilities for submittparticular for the provision by Member States of a confidential and anonymous procedure to report a crime especially ing complaints online or the removal of financial charges – that would facilitate the victim’s ability to lodge a complaases of sexual abuse and abused disabled people and minors, with a view of monitorintg and obtain of copy of that complaintevaluating the number of reports;
Amendment 163 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Urges the Commission and the Member States to engage actively in information campaigns to increase awareness about the rights of victims as established by EU law; stresses that such awareness-raising campaigns should also be organised in schools to inform children of their rights and also provide them with tools to detect all forms of crime they have suffered or witnessed;
Amendment 169 #
Motion for a resolution
Paragraph 20 – subparagraph 1 (new)
Paragraph 20 – subparagraph 1 (new)
Calls on Member States to exchange best practices related to a victim-oriented approach for police officers in their daily work;
Amendment 170 #
Motion for a resolution
Paragraph 20 – point 1 (new)
Paragraph 20 – point 1 (new)
(1) Encourages Member States to adequately use EU funding aimed at adequate judicial training which is key to ensure that victims are well aware of their rights and are treated in a respectful manner;
Amendment 172 #
Motion for a resolution
Paragraph 21 – subparagraph 1 (new)
Paragraph 21 – subparagraph 1 (new)
Calls on Member States to establish specific measures in the case of a mass casualty attack to enable large numbers of victims to participate in criminal proceedings;
Amendment 173 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a Reminds the Member States that particular attention should be paid to the risk of intimidation and retaliation and to the need to protect the dignity and physical integrity of victims, including during questioning and when testifying, in order to determine whether and to what extent they should receive protection measures during the criminal proceedings;
Amendment 182 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Member States to put in place measures to ensure that written and oral communications comply with simple language standards, adapted to minors and people with disabilities, in a language that the victim can understand, so that victims can be kept informed on their rights in an adequate and targeted manner before, during and after criminal proceedings;
Amendment 186 #
Motion for a resolution
Paragraph 25 – subparagraph 1 (new)
Paragraph 25 – subparagraph 1 (new)
Calls on Member States to ensure that where the exercise of rights is bound by time limitation periods, delays resulting from translation and interpretation difficulties shall betaken into account;
Amendment 197 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Member States to guarantee assistance to victims from victim support services before, during and after criminal proceedings, including psychological support; deplores th and health care and to ensure a gender perspective factross all support services; deplores that in some countries, governments rely heavily on NGOs to provide’s for the provision of key support services to victims (‘volunteerism’);
Amendment 198 #
Motion for a resolution
Paragraph 28 – subparagraph 1 (new)
Paragraph 28 – subparagraph 1 (new)
Calls on Member State to provide specialists' support to victims of terrorism in emergency response-planning to ensure delivery of appropriate support services immediately after an attack as well as in the long term.
Amendment 199 #
Motion for a resolution
Paragraph 28 – point 1 (new)
Paragraph 28 – point 1 (new)
(1) Calls on the Member States to establish specific measures to ensure the provision of information to victims not resident in the territory of the Member State of a terrorist attack. Such measures shall in particular focus on the rights of non-resident victims within criminal proceedings and for compensation.
Amendment 203 #
Motion for a resolution
Paragraph 29 – subparagraph 1 (new)
Paragraph 29 – subparagraph 1 (new)
Calls on the Member States to set up legal mechanisms to criminalise the glorification of an act of terrorism if this humiliates the victims and might cause secondary victimisation by damaging the dignity and recovery of the victim who was victimised through that act of terrorism;
Amendment 208 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Member States to guarantee support services such as trauma support and counselling and access to necessary healthcare, including sexual and reproductive health as a part of targeted support for victims withho have specific needs, such as children,women and people with disabilities;
Amendment 212 #
Motion for a resolution
Paragraph 30 – subparagraph 1 (new)
Paragraph 30 – subparagraph 1 (new)
Reiterates that a person who has fallen victim of crime in another member state or who is not a citizen of the European Union is also eligible to enjoy the rights, support and protection this Directives ensures;
Amendment 213 #
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls on the Member States to establish adequate quality control mechanisms for assessing whether they have met the requirements for gender sensitive and women- and child friendly standards as regards provisions made by victims support services to encourage the reporting of crimes and effectively protect the victim;
Amendment 214 #
Motion for a resolution
Paragraph 32 – subparagraph 1 (new)
Paragraph 32 – subparagraph 1 (new)
Calls on the Commission to highlight the use of the EU-funded Project called ‘InfoVictims’ as a tool to inform victims on criminal process by using different communications means such as brochures and posters to reach out to them; this project enhances the sharing of good practices for informing victims of crimes;
Amendment 216 #
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on the Member States to establish coordinated mechanisms to collect information on victims of a terrorist attack taking place in their territory, and to provide victims, through the creation and development of a one-stop shop, a web portal and an emergency telephone line, with specific information relevant to their needs, including psychological first aid and referral possibilities in the immediate aftermath of the attack and during any criminal proceedings;a confidential, free of charge and easily accessible support service1 a. This support service must be able to provide assistance and support to victims of terrorism in accordance with their specific needs, such as emotional and psychological support, advice and information on any legal, practical or financial matters in the immediate aftermath of the attack and during any criminal proceedings, and assistance in national compensation claim procedures; _________________ 1a Support service as provided for in Article 24 of Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism.
Amendment 217 #
Motion for a resolution
Paragraph 33 – subparagraph 1 (new)
Paragraph 33 – subparagraph 1 (new)
Calls on Member States to adopt appropriate measures to avoid, in the matter of possible, an attack on the private life of the victim and the family members, in particular related to investigative activity and during legal procedures;
Amendment 218 #
Motion for a resolution
Paragraph 33 – point 1 (new)
Paragraph 33 – point 1 (new)
(1) Calls on the Commission to turn the current e-Justice portal into a more user-friendly platform that will provide concise and understandable information to victims about their rights and the procedures to be followed;
Amendment 219 #
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33 a. Calls on Member States to engage, in full respect of freedom of expression, with media and journalists to adopt measures of auto-regulation in the aftermath of a terror attack in order to guarantee the protection of the private life of victims and their family members and in addition recognise the value of cooperating with specialised services for victims assistance and support in helping victims to deal with the media attention they receive;
Amendment 223 #
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Member States to establish coordination mechanisms to ensure effective transition of support for victims from immediate care in the aftermath of a crime to assistance as needed in the longer term; stresses that such mechanisms should, in particular, ensure the referral of victims to long-term services whereby different organisations provide support during different phases, noting that these mechanisms should also have a cross-border functionality in order to provide victim support services, and guarantee the victim’s right to be informed, assisted and compensated in their place of residence when the crime has taken place in a Member State other than the one in which the victim resides;
Amendment 224 #
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Member States to establish coordination mechanisms to ensure effective transition of support for victims from immediate gender sensitive care in the aftermath of a crime to assistance as needed in the longer term; stresses that such mechanisms should, in particular, ensure the referral of victims to long-term services where by different organisations provide support during different phases, noting that these mechanisms should also have a cross- border functionality in order to provide victim support services, and guarantee the victim’s right to be informed, when the crime has taken place in a Member State other than the one in which the victim resides;
Amendment 225 #
Motion for a resolution
Paragraph 34 – subparagraph 1 (new)
Paragraph 34 – subparagraph 1 (new)
Calls on Member States, in case of a terrorist attack, to establish a coordination centre to bring together those organisations and experts competent to provide information, support and practical services to the victims and to their families and relatives.The services shall be confidential, free of charge and easily accessible to all victims of terrorism.They shall include in particular: (a) Specialist emotional and psychological support, such as trauma support and counselling specifically adapted to the needs of victims of terrorism; (b)Vocational rehabilitation services to assist victims suffering from injuries and harm to find new jobs or change careers; (c) Facilitation of safe virtual connections for victims with other victims and victim run support groups; (d) Community based support services; (e) Services to inform family members of the identification of victims and their remains and repatriate remains;
Amendment 226 #
Motion for a resolution
Paragraph 34 – point 1 (new)
Paragraph 34 – point 1 (new)
(1) Calls on Member States to set up a single centre to receive family members of victims, and where appropriate direct victims, immediately after a terrorist attack and in particular provide family members with: a) emotional and psychological support in accordance with their need; b) practical assistance; c) information on the attack and on victims; d). a secure environment for family members to meet; e). security from the press and advice on handling press requests.
Amendment 227 #
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34 a. Regrets that, compared to the Istanbul Convention, the scope of the Victims’ Rights Directive is more limited as regards protection of victims of gender- based violence (including persons affected by FGM); at the same time welcomes the Victims' Rights stronger accountability mechanism and stresses that the two instruments should be promoted together to maximize the protection offered to victims of gender-based violence.
Amendment 229 #
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Calls on the Commission to propose the creation of a European fund for assistance to victims of terrorism;
Amendment 231 #
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the Member States to establish: a) a permanent dedicated website on which all public information on a terrorist attack that has taken place in that Member State can be accessed;. The following information should be gathered and made available as a matter of urgency through the website: contact information of any organisations responsible for providing support and information to victims, family members and members of the public following a terrorist attack, and information on the attack and measures established in response to the attack, including information on finding or connecting with missing victims and measures to assist victims to return home, which shall include: i. How to retrieve any property lost as a result of an attack ii. Normal psychological responses of victims to an attack and guidance to victims on ways to mitigate any negative responses, and information on possible non-visible injuries such as hearing loss. iii. Information on how to replace identification documents iv. Information on how to obtain financial assistance, compensation or government benefits v. Information on the specific rights of victims of terrorism and family members, including rights within criminal proceedings as prescribed in Directive 2012/29/EU. vi. Any other information deemed necessary for the purposes of ensuring victims are informed about their rights, their safety, or services available to them. b) A private access website, available to the victims of terrorist attacks and their family members, providing information to the victims which is not publicly available. c) Planning on informing family members about the situation of victims d) Collection of the same information data on victims by all authorities and organisations having responsibility for the reception, treatment and assistance of victims. Information shall be collected in accordance with the needs of all organisations involved in the response to the terrorist attack and in the support to the victims and their families.
Amendment 232 #
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the Member States to establish a permanent dedicated website on which all public information on support services established following a terrorist attack that has taken place in that Member State can be accessed;
Amendment 233 #
Motion for a resolution
Paragraph 35 – subparagraph 1 (new)
Paragraph 35 – subparagraph 1 (new)
Calls on the Commission to present a legal act to support Member States in the prevention and suppression of all forms of violence against women and girls and of gender-based violence;
Amendment 234 #
Motion for a resolution
Paragraph 35 – point 1 (new)
Paragraph 35 – point 1 (new)
(1) Calls on the Member States to establish a national network of victim support services to enhance cooperation between these organizations and to launch working groups to share good practices, develop training and improve communication between authorities and victims of crime;
Amendment 235 #
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Calls on the Commission to begin a dialogue with the Member States in order to reduce the strong disparities2 a in national financial compensation granted by each Member State to victims of terrorist attacks; _________________ 2aNational financial compensation ranges from the symbolic amount of one euro in some Member States up to EUR 250 000 or more in others.
Amendment 236 #
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a. Underlines that it is vital that Member States respond to victims of crime in a respectful, sensitive and professional manner in order to trigger encouragement for victims of crime to report to law enforcement or medical staff;