[ParlTrack]

Teresa JIMÉNEZ-BECERRIL BARRIO, Antonyia PARVANOVA

Proposal for a directive
Recital 9

(9) A person should be considered a victim regardless of whether a perpetrator is identified, apprehended, prosecuted or convicted and regardless of the familial relationship between the perpetrator and the victim. Family members of victims are also harmed as a result of the crime, in particular the family of a deceased victim, who have a legitimate interest in criminal proceedings. Such indirect victims should therefore also benefit from protection under this Directive. Victims need appropriate support and assistance even before reporting a crime. Such support can be crucial both for the recovery of the victim and in any decision to ultimately report the crime. Measures concerning such support and assistance should be gender-specific where appropriate and accessible to victims with disabilities.

2012/03/06
Committee: FEMM

Teresa JIMÉNEZ-BECERRIL BARRIO

Proposal for a directive
Recital 17 a (new)

(17a) The right to remembrance should be recognised for victims of terrorism, a vital aspect of which will be the political significance of victims of terrorism; this political significance finds its expression in the defence of everything that terrorism tries to eliminate in order to impose its exclusive totalitarian plan, namely the freedoms enshrined in democratic States governed by the rule of law.

2012/03/06
Committee: FEMM

Teresa JIMÉNEZ-BECERRIL BARRIO, Antonyia PARVANOVA

Proposal for a directive
Recital 17 a (new)

(17a) All victims should be provided reasonable accommodation where needed in a particular case, which means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden to ensure to victims with disabilities realisation of their rights under this Directive on an equal basis with other victims. Reasonable accommodation could include, but may not be limited to, provision of assistance with communicating, including through a qualified sign language interpreter, ensuring physical accessibility to premises and the information directly related to their case, providing information in easy- to-understand language, and modification of the format of hearing to accommodate the victim with a disability.

2012/03/06
Committee: FEMM

Teresa JIMÉNEZ-BECERRIL BARRIO

Proposal for a directive
Recital 18 a (new)

(18a) Victims of terrorism are particularly vulnerable due to the specific nature of the crime. Victims of terrorism suffer intimidation, hostile behaviour, threats of retaliation by members of the communities associated with the perpetrators of terrorist acts and should therefore be granted specific help and recognition from society and must be protected against any exposure to hate and fear. Commission and Member States should consider, without delay, adoption of specific legislation on victims of terrorism to recognise their public character and include more detailed provisions that ensure adequate protection and support, recognition amongst other rights, long term emergency assistance, comprehensive reparation, protection of private and family life, protection of dignity and security, the right to knowledge of truth and the right to memory.

2012/03/06
Committee: FEMM

Teresa JIMÉNEZ-BECERRIL BARRIO, Antonyia PARVANOVA

Proposal for a directive
Recital 22 a (new)

(22a) Member States should, where appropriate, while recognising the principle of freedom of expression, encourage the media and journalists to adopt self-regulatory guidelines and to take appropriate measures to ensure the protection of the private and family life of the victims, especially minors, and their family members in the framework of their information activities. Member States should discourage the media from interviewing victims at inappropriate times, interviewing child victims, discussing gruesome details of crimes, publishing information that would negatively impact on the victim’s credibility, popularising the offender and blaming the victim for the crime. Member States should ensure that victims have an effective remedy when their right to respect for their private and family life has been violated.

2012/03/06
Committee: FEMM

Antonyia PARVANOVA, Teresa JIMÉNEZ-BECERRIL BARRIO

Proposal for a directive
Article 2 – point g a (new)

(ga) ‘gender-based violence’ means a criminal offence that is directed against a person because of his or her gender or gender identity or that affects persons of a particular gender or gender identity disproportionally, and that results in physical or mental injury, emotional suffering or economic loss of the victim;

2012/03/06
Committee: FEMM

Antonyia PARVANOVA, Teresa JIMÉNEZ-BECERRIL BARRIO

Proposal for a directive
Article 2 – point g b (new)

(gb) ‘violence in close relationships’ means a criminal offence 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, whether or not the perpetrator shares or has shared the same household with the victim, and that results in physical or mental injury, emotional suffering or economic loss of the victim.

2012/03/06
Committee: FEMM

Teresa JIMÉNEZ-BECERRIL BARRIO

Proposal for a directive
Article 4 – paragraph 2

2. Member States shall ensure that victims are offered the opportunity to be notified w~~hen the person prosecuted or sentenced for offences concerning them is released from detention. Victims shall receive this information where they have expressed such a wish.~~ ithout unnecessary delay, when the person arrested, remanded in custody, prosecuted or sentenced for offences concerning them is released from or has escaped detention. Member States shall ensure that victims are provided with effective support and assistance when receiving this information, including the right to appeal if possible. Victims shall receive this information unless the competent authority is aware that notification of release is likely to result in harm to the offender.

2012/03/06
Committee: FEMM

Antonyia PARVANOVA, Teresa JIMÉNEZ-BECERRIL BARRIO

Proposal for a directive
Article 18 – paragraph 4 a (new)

4a. Member States shall ensure that the individual assessments referred to in paragraphs 3 and 4 are carried out at regular intervals throughout the criminal proceedings in order to take account of any changes in the personal characteristics or circumstances, needs and wishes of victims. Individual assessments shall take into account the following factors: (a) the personal characteristics of the victim such as age, gender and gender identity, ethnicity, race, religion, sexual orientation, health, disability, legal status, communication difficulties, relationship to or dependence on the suspected or accused person, previous experience of crime; (b) the type or nature of the crime such as hate crime or the fact it is committed with a bias or discriminatory motive relating to the victim's personal characteristics such as age, gender and gender identity, ethnicity, race, religion, sexual orientation, state of health, disability, legal status, communication difficulties, relationship to or dependence on the suspected or accused person, previous experience of crime; (c) the circumstances of the crime such as the fact whether a person is victimised abroad; (d) the type or nature of the crime such as whether exploitation or physical or sexual violence has been used; (e) the wishes of the victims with specific needs including whether they do not wish to benefit from specific measures.