Activities of Teresa JIMÉNEZ-BECERRIL BARRIO related to 2015/0281(COD)
Plenary speeches (1)
Combating terrorism (debate) ES
Amendments (38)
Amendment 59 #
Proposal for a directive
Recital 1
Recital 1
(1) The European Union is founded on the universal values of human dignity, freedom, equality between women and men and solidarity, respect for human rights and fundamental freedoms. It is based on the principle of democracy and the principle of the rule of law, principles which are common to the Member States.
Amendment 163 #
Proposal for a directive
Recital 16
Recital 16
(16) Member States should ensure that the position of the victims of terrorism is adequately recognised before, during and after criminal proceedings and should adopt specific measures of protection, support and assistance, with respectful and fair treatment of the victim, responding to the specific needs of victims of terrorism, further qualifying and deepening the rights already contained in the Directive 2012/29/EU of the European Parliament and the Council28 . Victims of terrorism are those defined in Article 1 of the Directive 2012/29/EU, in relation to terrorist offences as referred to in Article 3. The measures to be taken by Member States should ensure that in the event of a terrorist attack, the victims of terrorism will obtain emotional and psychological support, including trauma support and, counselling in combination with providing realistic fear management programs if needed, and any relevant legal, practical or financial information and advice. __________________ 28 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA of 15 March 2001(OJ L 315, 14.11.2012 p. 37).
Amendment 167 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Member States affected by terrorism should set up the creation and development of a one-stop shop for information and advice for victims of terrorism, not merely to meet victims' needs on acquiring information and advice, but also to provide victims with psychological first aid and referral possibilities, and where appropriate to play a central role in communicating with press.
Amendment 168 #
Proposal for a directive
Recital 16 b (new)
Recital 16 b (new)
(16b) Member States need, in full respect of freedom of expression, engage 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 169 #
Proposal for a directive
Recital 16 c (new)
Recital 16 c (new)
(16c) Member States should 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 170 #
Proposal for a directive
Recital 16 d (new)
Recital 16 d (new)
(16d) Given that the recent deadly militant attacks in Brussels fuels concern that terror groups such as Islamic State could eventually target nuclear plants and develop radioactive "dirty bombs" while underlining that much of the world's plutonium and enriched uranium remains vulnerable to theft, Member States should impose safety measures to protect citizens against biochemical terror attacks.
Amendment 171 #
Proposal for a directive
Recital 16 e (new)
Recital 16 e (new)
(16e) 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 172 #
Proposal for a directive
Recital 16 f (new)
Recital 16 f (new)
(16f) 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 173 #
Proposal for a directive
Recital 16 g (new)
Recital 16 g (new)
(16g) Member States should encourage specific training for persons responsible for assisting victims or terrorist acts, as well as granting the necessary resources to that effect.
Amendment 174 #
Proposal for a directive
Recital 16 h (new)
Recital 16 h (new)
(16h) In a considerable number of cases the victim is also the most important witness in the trail 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 181 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Member States should 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 188 #
Proposal for a directive
Recital 19
Recital 19
(19) This Directive respects the principles recognised by Article 2 of the Treaty on the European Union, respects fundamental rights and freedoms and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, including those set out in Chapters II, III, V and VI thereof which encompass inter alia the right to liberty and security, freedom of expression and information, freedom of association and freedom of thought conscience and religion, the general prohibition of discrimination in particular on grounds of race, colour, gender, sexual orientation, ethnic or social origin, genetic features, language, disability, religion or belief, political or any other opinion, the right to respect for private and family life and the right to protection of personal data, the principle of legality and proportionality of criminal offences and penalties, covering also the requirement of precision, clarity and foreseeability in criminal law, the presumption of innocence as well as freedom of movement as set forth in Article 21(1) of the Treaty on the Functioning of the European Union and Directive 2004/38/EC. This Directive has to be implemented in accordance with these rights and principles.
Amendment 195 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) The implementation of this Directive should be accompanied by simultaneous measures, support programmes and awareness-raising campaigns in order to prevent radicalisation, with special focus on women and girls that should be included as they are increasingly being radicalised and recruited by terrorist organisations. Particular attention should also be given to the active role of women in both prevention and deradicalisation process;
Amendment 225 #
Proposal for a directive
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) Attacks upon a persons' life which may cause death or injury;
Amendment 226 #
Proposal for a directive
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) attacks upon the physical integrity of a person, including rape, sexual assault, trafficking and slavery of women and girls which often leads to death, and manipulation of women and girls in order to mislead them to travel to conflict areas outside the Union or joining terroristic activities;
Amendment 336 #
Proposal for a directive
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3a. Each Member State shall take the necessary measures to ensure the protection of and assistance to persons whose cooperation with the criminal justice system in the prevention, investigation or prosecution of terrorist offences, puts them, or persons closely associated with them, at risk of serious physical or emotional harm, with special assistance for persons economically or socially dependent on the alleged perpetrator, i.e. female family members and children.
Amendment 379 #
Proposal for a directive
Article 22 – paragraph 2 – introductory part
Article 22 – paragraph 2 – introductory part
2. Member States shall ensure that specific services to assist and support victims of terrorism are in place. Such services shall have the capacity and organisational structure necessary to provide assistance and support to these victims immediately after an attack and as long as necessary thereafter, in accordance with the specific needs of each victim. The services shall be confidential, free of charge and easily accessible to all victims of terrorism. TheyIn addition to the services required under Article 9 (1) of Directive 2012/29/EU, specialist services for victims of terrorism shall include in particular:
Amendment 381 #
Proposal for a directive
Article 22 – paragraph 2 – introductory part
Article 22 – paragraph 2 – introductory part
2. Member States shall ensure that specific services to assist and support victims of terrorism are in place. Such services shall be gender-sensitive where relevant, have the capacity and organisational structure necessary to provide assistance and support to these victims immediately after an attack and as long as necessary thereafter, in accordance with the specific needs of each victim. The services shall be confidential, free of charge and easily accessible to all victims of terrorism. They shall include in particular:
Amendment 383 #
Proposal for a directive
Article 22 – paragraph 2 – point a
Article 22 – paragraph 2 – point a
(a) specialist emotional and psychological support, such as trauma support and counselling specifically adapted to the needs of victims of terrorism;
Amendment 384 #
Proposal for a directive
Article 22 – paragraph 2 – point b a (new)
Article 22 – paragraph 2 – point b a (new)
(ba) vocational rehabilitation services to assist victims suffering from injuries and harm to find new jobs or change careers;
Amendment 385 #
Proposal for a directive
Article 22 – paragraph 2 – point b b (new)
Article 22 – paragraph 2 – point b b (new)
(bb) facilitation of safe virtual connections for victims with other victims and victim run support groups;
Amendment 386 #
Proposal for a directive
Article 22 – paragraph 2 – point b c (new)
Article 22 – paragraph 2 – point b c (new)
(bc) community based support services;
Amendment 387 #
Proposal for a directive
Article 22 – paragraph 2 – point b d (new)
Article 22 – paragraph 2 – point b d (new)
(bd) services to inform family members of the identification of victims and their remains and repatriate remains;
Amendment 388 #
Proposal for a directive
Article 22 – paragraph 2 – point b e (new)
Article 22 – paragraph 2 – point b e (new)
(be) a single centre to receive family members of victims, and where appropriate direct victims, immediately after a terrorist attack. The centres shall in particular provide family members with: i. emotional and psychological support in accordance with their needs; ii. practical assistance; iii. information on the attack and on victims; iv. a secure environment for family members to meet; v. security from the press and advice on handling press requests;
Amendment 389 #
Proposal for a directive
Article 22 – paragraph 2 – point b f (new)
Article 22 – paragraph 2 – point b f (new)
(bf) an emergency information telephone line to be operated following an attack. Provision shall be made for the service to provide foreign language assistance.
Amendment 390 #
Proposal for a directive
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. Members States shall ensure that any officials who are likely to come into personal contact with women and children who are victim of terrorism are able to access and receive appropriate initial and ongoing training, to a level appropriate to their contact with victims, so that they are able to identify victims and their needs and deal with them in a respectful, sensitive, professional and non-discriminatory manner.
Amendment 391 #
Proposal for a directive
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. Member States shall establish co- ordination mechanisms to ensure effective transition of support for victims from the immediate aftermath of the attack to the long term. Such mechanisms shall ensure in particular the referral of victims to long term services where different organisations provide support during different time frames;
Amendment 392 #
Proposal for a directive
Article 22 – paragraph 2 b (new)
Article 22 – paragraph 2 b (new)
2b. Member State shall provide specialists in 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 393 #
Proposal for a directive
Article 22 – paragraph 2 c (new)
Article 22 – paragraph 2 c (new)
2c. Member States shall ensure that victims of terrorism are offered an individual assessment to determine their support needs and that support services are made available in accordance with those needs. The needs assessment shall be reviewed on a regular basis to determine on-going support needs. A follow up review within an appropriate period of time after the attacks, based on existing knowledge of trauma reactions, shall be provided to victims.
Amendment 394 #
Proposal for a directive
Article 22 – paragraph 2 d (new)
Article 22 – paragraph 2 d (new)
2d. Member States shall establish coordinated mechanisms to collect information on victims of a terrorist attack taking place in their territory and to provide them with specific information relevant to their needs in the immediate aftermath of a terrorist attack and during any criminal proceedings.
Amendment 395 #
Proposal for a directive
Article 22 – paragraph 2 e (new)
Article 22 – paragraph 2 e (new)
2e. Such mechanisms shall in particular provide for: a) A permanently established single website through which all public information related to any terrorist attack that takes place on the territory of the 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 396 #
Proposal for a directive
Article 22 – paragraph 2 f (new)
Article 22 – paragraph 2 f (new)
2f. Member States shall establish specific measures in the case of a mass casualty attack to enable large numbers of victims to participate in criminal proceedings.
Amendment 399 #
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Member States shall ensure that their competent authorities cooperate among each other to ensure access to information for victims of terrorism who are residents of a Member State other than that one where the terrorist offence was committed. The access to information shall include in particular information about the victims' rights, available support services and accessible compensation schemes. Such coordination mechanisms shall include: i. procedures to enable the safe transfer of information about victims of the terrorist attack to relevant support services, taking into account relevant data protection laws. ii. the determination of a coordinating support organisation in the Member State of residence of any victim of an attack. iii. the transfer of information to be published on websites as provided for under Article 22. Member State shall ensure that such information is included on their own websites at least where they are aware of victims who are residents or citizens.
Amendment 400 #
Proposal for a directive
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Member States shall ensure that all victims of terrorism, have access to the assistance and support services as laid down in Article 22, on the territory of the Member State of their residence, even if the terrorist offence was committed in another Member State or a third country. The coordinating support organisation together with the Member State’s competent authority shall be responsible for offering support services to victims on their return to the Member State of Residence.
Amendment 401 #
Proposal for a directive
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. Member States shall establish specific measures to ensure the provision of information to victims not resident in the territory of the Member State of the attack. Such measures shall in particular focus on the rights of non-resident victims within criminal proceedings and for compensation.
Amendment 402 #
Proposal for a directive
Article 23 – paragraph 2 b (new)
Article 23 – paragraph 2 b (new)
2b. Member States shall ensure that where the exercise of rights is bound by time limitation periods, delays resulting from translation and interpretation difficulties shall be taken into account.
Amendment 403 #
Proposal for a directive
Article 23 – paragraph 2 c (new)
Article 23 – paragraph 2 c (new)
2c. Member States shall establish measures to assist victims not resident in the Member State of criminal proceedings to participate in criminal proceedings and to ensure they are able to exercise their rights in accordance with their role in proceedings.
Amendment 430 #
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The Commission shall, by [48 months after the deadline for implementation of this Directive], submit a report to the European Parliament and to the Council, assessing the impact and added value of this Directive on combating terrorism, and protecting and assisting victims of terrorism. The Commission shall take into account the information provided by Member States under Decision 2005/671/JHA.