40 Amendments of Iratxe GARCÍA PÉREZ related to 2011/0129(COD)
Amendment 109 #
Proposal for a directive
Recital 5
Recital 5
(5) Crime is as an offence against society as well as a violation of the individual rights of victims. As such, victims should be recognised and treated in a respectful, sensitive and professional manner in all contacts with any publiccompetent authority, victim support service or, restorative justice service or any relevant organisation that may be in contact with them, taking into account their personal situation, their rights and immediate needs, age, gender, disability and level of maturity and fully respecting their physical, mental and moral integrity. They should be protected from secondary and repeat victimisation and intimidation, should receive appropriate support to facilitate their recovery and should be provided with sufficienteffective access to justice.
Amendment 117 #
Proposal for a directive
Recital 7
Recital 7
(7) This Directive respects fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union. In particular it seeks to promote the right to dignity, life, physical and mental integrity, private and family lifethe right to non-discrimination, the right to respect for private and family life, the principle of gender equality, right to property, and the rights of the child, the elderly and persons with disabilities, and the right to a fair trial.
Amendment 151 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to respond to the specific needs of women victims of gender-based violence, specific support structures are essential. Those structures should be built upon the experience and expertise of the women’s shelter movement, and should reinforce their capacity to develop further their victim support activities.
Amendment 152 #
Proposal for a directive
Recital 14
Recital 14
(14) Although the provision of support should not be dependent on a victim making a complaint of an offence to a competent authority such as the police, such authorities are often best placed to inform victims of the possibility of support. Member States are therefore encouraged to establish appropriate conditions to enable the referral of victims to victim support services, including by ensuring that data protection requirements can be adhered to. In cases of specific types of crimes, such as gender-based violence, referral should be made directly to specialised victim support services in order to avoid stress caused by repeat referral.
Amendment 155 #
Proposal for a directive
Recital 16
Recital 16
(16) Restorative justice services, including for example victim-offender mediation, family group conferencing and sentencing circles, can be of great benefit to the victim, but require safeguards to prevent any further victimisation. Such services should therefore have as a primary consideration the interests and needs of the victim, repairing the harm done to the victim and avoiding further harm. Factors such as the type, nature and gravity of the crime, the ensuing degree of trauma, power imbalances, and the age, maturity or intellectual capacity of the victim, which could limit or reduce the victim's ability to make an informed choice or could prejudice a positive outcome for the victim, should be taken into consideration in referring a case to and in conducting a restorative process. Whilst private proceedings should in general be confidential, unless agreed otherwise by the parties, factors such as threats madeor any other forms of violence occurring during the process mayshould be considered as requiring disclosure in the public interest.
Amendment 167 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Gender-based violence refers to violence that is directed against a person because of his or her gender. It is a form of violence that affects women disproportionately and it may be interrelated but is not limited to cases of violence in close relationships, sexual violence (including sexual assault and sexual harassment), sexual trafficking and slavery, intimate relationship violence and other harmful practices such as forced marriages and female genital mutilation. Homophobic and transphobic attacks have also been defined as a form of gender-based violence. Research shows that one-fifth to one-quarter of all women have experienced physical violence at least once during their adult lives and more than one-tenth have suffered sexual violence involving the use of force. It is therefore crucial to criminalise all forms of gender-based violence and provide victims with specific prevention and protection measures, and remedies. Women victims of gender-based violence and their children also require special attention and protection because of a high risk of repeat victimisation with this type of crime and due to the severe trauma such a crime causes because it is committed by a person the victim should be able to trust and also because victims cannot rely on support by the partner in overcoming the trauma.
Amendment 174 #
Proposal for a directive
Recital 18
Recital 18
(18) Beyond these categories, but again based on personal characteristics and the crime, any person could be vulnerable and at greater risk of secondary and repeated victimisation at the hands of the same attacker, for example women who are victims of gender-based violence. Only through individual assessments, carried out at the earliest opportunity by those in a position to make recommendations on protection measures, can such vulnerabilities be effectively identified. The assessment should in particular take into account age, gender and gender identity, ethnicity, race, religion, sexual orientation, state of health, disability, communication difficulties, relationship to or dependence on the suspected or accused person, previous experience of crime, the type or nature of the crime such as organised crime, terrorism, or bias crimes, the results of the crime and the trauma suffered by the victim, and whether the victim is a foreign victim. Victims of terrorism require particular attention in any assessment given the varying nature of such acts ranging from mass acts of terrorism to targeted terrorism against individuals. Women who are victims of gender-based violence and their children also require special attention and immediate protection because there is a high risk of repeat victimisation together with huge trauma due to the crime being committed by someone whom the victim ought to be able to trust.
Amendment 184 #
Proposal for a directive
Recital 19
Recital 19
(19) Victims who have been identified as vulnerableare deemed to have specific needs should be offered appropriate measures to protect them during criminal proceedings. The exact nature and extent of any such measuresfrom when victimisation begins, and before, during and after criminal proceedings or any other judicial process connected with the crime. The exact nature and extent of any such measures should comply with the dictates of international law and with international rules on protection, and should be determined through the individual assessment, in discussions with the victim and in accordance with rules of judicial discretion. The victim's concerns and fears in relation to proceedings should be a key factor in determining whether they need any particular measure.
Amendment 188 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) Implementation of this Directive should take account of the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the CEDAW Committee’s recommendations and decisions and the Convention of the Council of Europe on preventing and combating violence against women.
Amendment 190 #
Proposal for a directive
Recital 22
Recital 22
(22) The risk of further victimisation either by the offender or as a result of participation in criminal proceedings should be limited by carrying out proceedings in a co-ordinated manner which places the rights and needs of the victims at the centre, treats victims with respect and enables them to establish trust in authorities. Interaction with authorities should be as easy as possible whilst limiting the number of unnecessary interactions the victim has with them through for example video recording of interviews and allowing its use in court proceedings or through recourse to specialist victim support services. As wide a range of measures as possible should be made available to practitioners, including effective protection measures prohibiting any contact with the victim by the accused, so as to prevent distress to the victim duringbefore, during and after court proceedings in particular as a result of visual contact with the offender, his family, associates or members of the public. To that end, Member States are encouraged to introduce, where appropriate, feasible and practical measures enabling court facilities to include separate waiting areas for victims. Protecting the privacy of the victim can be an important means of preventing further victimisation and can be achieved through a range of measures including non-disclosure or limitations on the disclosure of information concerning the identity and whereabouts of the victim. Such protection is particularly important for child victims, including non-disclosure of the name of the child.
Amendment 238 #
Proposal for a directive
Article 2 – point e
Article 2 – point e
e. 'restorative justice services' means services which have as their objective to bring together the victim and the accused with a view to reaching a voluntary agreement between them on how the harm arising from the offence can be addresfacilitating a process to bring about an out-of-court settlement of the case, through a voluntary agreement in which the accused accepts his responsibility in the crime and promises reparation, payment for damages and compensation for the victim, providing that the victim agrees to this and the accused meets the conditions imposed;.
Amendment 243 #
Proposal for a directive
Article 2 – point g a (new)
Article 2 – point g a (new)
ga) ‘victim support services’ means services which offer either full or partial support, including accompanying or representing the victim in court; these services shall be independent and have defending the rights and needs of the victim as their fundamental objective; victim support services also comprise specialist services for specific groups of victims, such as victims of gender-based violence, children, victims of terrorist attacks, etc.
Amendment 244 #
Proposal for a directive
Article 2 – point g a (new)
Article 2 – point g a (new)
(ga) ‘gender-based violence’ means violence against a woman which is directed against her because she is a woman, or that affects women disproportionally, or violence that is directed against a person because of his or her gender or gender identity.
Amendment 248 #
Proposal for a directive
Article 2 – point g b (new)
Article 2 – point g b (new)
(gb)’violence in close relationships’ means violence that is committed against a victim by a person who is a current or former spouse or partner or other family member of the victim. Women are affected disproportionally by this type of violence.
Amendment 266 #
Proposal for a directive
Article 3 – point j a (new)
Article 3 – point j a (new)
(ja) how and under which conditions they can obtain protection measures.
Amendment 280 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall ensure that victims are offered the opportunity to be notified when the person, without unnecessary delay, when the person arrested, remanded in custody, prosecuted or sentenced for offences concerning them is released from or has escaped detention. Victims shall receive this information where they have expressed such a wish. also be informed of any measures taken for the protection of victims such as restraining orders or no- contact orders. Member States shall ensure that victims are provided with effective support and assistance when receiving that information.
Amendment 288 #
Proposal for a directive
Article 5
Article 5
Member States shall take measures to ensure that victims and members of their family fully understand and can be fully understood during any interaction they have with public authorities in criminal proceedingsthe competent authorities from their first contact with them, during and after the conclusion of criminal proceedings or other processes connected with the crime, including where information is provided by such authorities.
Amendment 314 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that victims and their family members, in accordance with their needs, have access to free of charge, confidential victim support services acting independently and in the interest of the victim from the moment the victims suffer harm, during the criminal proceedings and after their conclusion and regardless of where the crime took place.
Amendment 320 #
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Victims of certain specific types of crime, such as gender-based violence or child abuse, shall have access to specialist support services to ensure they receive the best possible support.
Amendment 323 #
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
b) information on or referral to, as appropriate, specialist servicedirect referral of victims of certain types of crime to specialist support services, to ensure that they do not have to be referred, or give statements, on a multiple occasions;
Amendment 326 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall facilitate the referral of victims, by the authority that received the complaint and other relevant agencies, to victim support servicecompetent authority and other relevant agencies that received the complaint, to victim support services. Victims of certain types of crime shall be referred directly to specialist support services to ensure that they are not referred on multiple occasions.
Amendment 328 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States shall promotensure the setting up or development of specialist support services, including women's shelters, specialist support services for victims of gender-based violence, victims of violence in close relationships and their family members, in addition to general victim support services.
Amendment 338 #
Proposal for a directive
Article 9
Article 9
Member States shall ensure that victims may bare heard during criminal proceedings and mayare entitled to supply evidence.
Amendment 358 #
Proposal for a directive
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
c) the suspected or accused person or offender must have accepted responsibility for their act and must be willing to make full redress, including payment to cover the cost of damage caused and compensation for any loss or injury suffered;
Amendment 361 #
Proposal for a directive
Article 11 – paragraph 1 – point e
Article 11 – paragraph 1 – point e
(e) discussions in mediation or other restorative justice processes that are not conducted in public are confidential and are not subsequently disclosed, except if the accused commits acts which are subject to criminal or other sanctions during the process, or with the agreement of the parties or as required by national law due to an overriding public interest.
Amendment 363 #
Proposal for a directive
Article 11 – paragraph 1 – point e a (new)
Article 11 – paragraph 1 – point e a (new)
e (a) victims must be entitled to guidance from a support person throughout the restorative justice process and must have the right to refuse to meet the accused person.
Amendment 364 #
Proposal for a directive
Article 11 – paragraph 1 – point e a (new)
Article 11 – paragraph 1 – point e a (new)
(ea) victims should have the right to a support person in all restorative justice processes.
Amendment 370 #
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2 a) Member States shall ensure that victims have the right to have reviewed any decision concerning the out-of-court settlement of cases. The Member States shall ensure that victims are provided with sufficient information to decide whether to request a review of any decision concerning the out-of-court settlement of cases.
Amendment 371 #
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Restorative justice measures should not be applied in cases of severe or repeat violation of the physical, sexual, or psychological integrity of the victim.
Amendment 386 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
The first subparagraph shall not apply where national law provides for restitution or compensation to be awarded in another manner. However, victims must not be referred to the civil courts to claim damages or compensation, since this would be very likely to cause them repeat trauma, stress and other excessive burdens.
Amendment 388 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall take measures to encouraoblige offenders to provide adequate compensation to victims.
Amendment 398 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that measures are available to identify any risk of retaliation, intimidation or further or repeated victimisation, and to protect the safety and dignity of victims and their family members from retaliation, intimidation, repeat or further victimisation, such as provisional restraining, estrangement or protection orders, from the first instance of contact with the competent authorities to the conclusion of court proceedings and any other related legal procedure.
Amendment 404 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The measures referred to in paragraph 1, shall in particular include procedures for the physical protection of victims and their family members, measures to ensure that contact between offenders and victims may be avoided within premises whsuch as emergency barring orders, protection and restraining orders, measures to ensure that contact between offenders and victims and their family members can be avoided from the time of reporting, during and aftere criminal proceedings are conductedand other legal proceedings, and measures to ensure that the risk of psychological or emotional harm to victims during questioning or when testifying is minimised and their safety and dignity are secured.
Amendment 448 #
Proposal for a directive
Article 18 – paragraph 4 a (new)
Article 18 – paragraph 4 a (new)
Amendment 458 #
Proposal for a directive
Article 19
Article 19
Member States shall progressively establish the necessary conditions to enable avoidance of contact between victims and their relatives and accused or suspected persons or criminals in any venue where victims may have personal contact with publicthe competent authorities due to their being a victim and in particular venues where criminal proceedings are conducted and where restorative justice services are provided, except when victims expressly request it.
Amendment 463 #
Proposal for a directive
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
Member States shall, in the case of gender-based violence, respect the rights of victims not to be interviewed by the perpetrator in court.
Amendment 476 #
Proposal for a directive
Article 21 – paragraph 2 – point c a (new)
Article 21 – paragraph 2 – point c a (new)
c (a) women who have been victims of gender violence shall be entitled to an interview with a female official with appropriate training in this field;
Amendment 486 #
Proposal for a directive
Article 22 – point a
Article 22 – point a
a) in criminal investigations, all interviews with the victim may be video recorded and such video recordedusing audiovisual equipment and such interviews may be used, in accordance with national law, as evidence in criminal court proceedings, but may not be copied by the defendant or his representative;
Amendment 502 #
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Professional staff that come into contact with victims and have the opportunity to be involved in a process that begins to repair the harm caused to victims and Member States shall ensure that police, prosecutors and, court staff receive both general and specialist, lawyers and any other officials likely to come into contact with victims, receive the necessary support and training to a level appropriate to their contact with victims to sensitise them to the needs of victims and to deal with them in an impartial, respectful and, professional manner, and empowering manner, and to contribute to begin to repair harm and rebuild trust.
Amendment 535 #
Proposal for a directive
Article 27
Article 27
Member States shall communicate to the European Commission data related to the application of national procedures on victims of crime by [two years after the date of adop, including at least the number of reported crimes, gender and age of victims and alleged perpetrators, nationality of the victims, the relationship of the perpetrator to the victim, the number, type or nature of the reported crimes, the attrition]s at the latestnd the number of convictions, the protective measures issued, and the type of services that victims were referred to by ...*.