Activities of Judith SARGENTINI related to 2011/0129(COD)
Plenary speeches (1)
Minimum standards on the rights, support and protection of victims of crime (debate)
Amendments (35)
Amendment 111 #
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 treated with all due respect to their human rights, recognised and treated in a respectful, sensitive and professional manner in all contacts with any public authority, victim support service or restorative justice service taking into account their personal situation and immediate needs, age, gender without any kind of discrimination, based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or other opinion, nationality, membership of a national minority, property, birth, disability, and level of maturityge, gender, gender identity and expression, sexual orientation, immigration and residence status, state of health (including HIV and AIDS), 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 sufficient access to justice.
Amendment 118 #
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 life, right to property, and the rights of the child, the elderly and persons with disabilities, and the right to a fair trial. The Directive is without prejudice to the 1951 UN Convention relating to the Status of Refugees as regards the principle of non- refoulement and the fundamental right of victims to seek and enjoy asylum where relevant.
Amendment 126 #
Proposal for a directive
Recital 9
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.
Amendment 139 #
Proposal for a directive
Recital 12
Recital 12
(12) Justice cannot be effectively achieved unless the victim can properly explain the circumstances of the crime they have suffered and provide their evidence in a manner understandable to the competent authorities. It is equally important to ensure the respectful treatment of the victim and to ensure they are able to access their rights. Free of charge interpretation, including sign language interpretation, should therefore always be available during questioning of the victim and for their participation in court hearings. For other aspects of criminal proceedings, the need of interpretation and translation can vary depending on specific issues, the status of the victim and their involvement in proceedings and any specific rights they have. As such interpretation and translation for these other cases need only be provided to the extent necessary for victims to exercise their rights.
Amendment 144 #
Proposal for a directive
Recital 13
Recital 13
(13) Support, whether provided by governmental or non-governmental organisations, should be made available from the moment a crime takes place as well as throughout criminal proceedings and after such proceedings in accordance with the needs of the victim. Support should be provided through a variety of means, without excessive formalities and through a sufficient geographical distribution to allow all victims the opportunity to access such services. Children and certain groups of victims such as victims of sexual violence, gender, race hate or other bias crimes or victims of terrorismmass victimisation may require specialist support services due to the particular characteristics of the crime they have fallen victim to.
Amendment 162 #
Proposal for a directive
Recital 17
Recital 17
(17) Some victims are particularly vulnerable during criminal proceedings to secondary and repeat victimisation and to intimidation by the offender or his associates. Such vulnerability can broadly be identified from the personal characteristics of the victim and the type or nature of the crime. On this basis some victims such as children, persons with disabilities, victims of sexual violence and victims of human traffickingvictims of sexual violence, victims of human trafficking, migrants and refugees, and in particular migrant and refugee women whose legal status may depend on that of the perpetrator, asylum-seekers, children on the move, stateless persons, lesbian, gay, bisexual and transgender (LGTB) individuals and victims who are required to provide testimony are in most cases vulnerable to further victimisation and in need of special protection measures. Only in exceptional circumstances, such as balancing the fundamental rights of the accused or suspected person, or where the victim so wishes, should access to such protection measures be limited. In the case of victims of human trafficking and victims of child sexual abuse, sexual exploitation and child pornography, where specific and more detailed provisions are already included in separate instruments adopted or in course of negotiation this Directive does not deal with those same matters.
Amendment 177 #
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. 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 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.
Amendment 207 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
Amendment 214 #
Proposal for a directive
Article 1
Article 1
The purpose of this Directive is to ensure that all victims of crime receive appropriate protection and support and are able to participate in criminal proceedings and are recognised and treated in a respectful, sensitive and professional manner, without discrimination of any kind based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, nationality, membership of a national minority, property, birth, disability, age, gender, gender identity and gender expression, sexual orientation, immigration and residence status, state of health (including HIV and AIDS), in all contacts with any public authority, victim support or restorative justice service.
Amendment 224 #
Proposal for a directive
Article 2 – point a – point ii
Article 2 – point a – point ii
(ii) the family members of a person whose death or physical or mental incapacity has been caused by a criminal offence;
Amendment 227 #
Proposal for a directive
Article 2 – point a – point ii a (new)
Article 2 – point a – point ii a (new)
(iia) the environment suffering harm, caused by a criminal offence. Member States shall ensure that any group, foundation or association which, according to its statutes under national law aims at the protection of the environment, could exercise the rights as provided for in Chapter 3 of this Directive.
Amendment 242 #
Proposal for a directive
Article 2 – point g
Article 2 – point g
Amendment 252 #
Proposal for a directive
Article 3 – introductory part
Article 3 – introductory part
Member States shall ensure that all victims are provided with the following information, without unnecessary delay and in a language that they understand, using child-sensitive communication techniques when appropriate, from their first contact with the authority competent to receive a complaint concerning a criminal offence:
Amendment 258 #
Proposal for a directive
Article 3 – point d
Article 3 – point d
(d) procedures following the making of a complaint of an offence and their role in connection with such procedures, including the procedures for the adult and juvenile criminal justice process, the role of (child) victims, the importance, timing and manner of testimony, and ways in which interviews will be conducted during the investigation and trial;
Amendment 273 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall ensure that all victims are notified, in a language they understand, of their right to receive the following information on their case and that they receive this information where they have expressed such a wish:
Amendment 283 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall ensure that all victims are offered the opportunity to be notified when the person prosecuted or sentenced for offences concerning them is released from any type of detention. VAll victims shall receive this information where they have expressed such a wish.
Amendment 291 #
Proposal for a directive
Article 5
Article 5
Member States shall take measures to ensure that all victims understand and can be understood during any interaction they have with public authorities in criminal proceedings, including where information is provided by such authorities.
Amendment 298 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Member States shall ensure that victims who wish to make a complaint of a criminal offence and who do not understand or speak the language of the competent authority, shall be enabled to do so. Member States shall as a minimum ensure that the victims are assisted in making a complaint of a criminal offence in a language that they understand. Member States shall ensure that victims are notified of their right to assistance in a simple and accessible manner in a language that they understand.
Amendment 300 #
Proposal for a directive
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1b. Member States shall ensure that a victim who makes a complaint of a criminal offence, is notified in a simple and accessible manner in a language that the victim understands on the right to receive information regarding the victim’s rights to active participation in the criminal proceedings.
Amendment 301 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. In order to ensure that victims can effectively exercise their rights in criminal proceedings, Member States shall ensure that in all other cases and at the request of the victim, interpretation is available, free of charge, in accordance with the victims’ needs and their role in those proceedings. Member States shall ensure that victims are notified of their right to interpretation in a simple and accessible manner in a language they understand.
Amendment 310 #
Proposal for a directive
Article 6 – paragraph 4 – point c
Article 6 – paragraph 4 – point c
(c) information essential to the victim’s effective exercise of their rights in criminal proceedings in accordance with their needs and their role in those proceedings.
Amendment 325 #
Proposal for a directive
Article 7 – paragraph 2 – point d a (new)
Article 7 – paragraph 2 – point d a (new)
(da) accompanying the victim during criminal proceedings.
Amendment 334 #
Proposal for a directive
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. Member States shall facilitate non- governmental organisations with a legitimate interest to stand in criminal proceedings in support of or on behalf of the victim or victims, in particular where the criminal offence has resulted in damage to the environment or has infringed the public interest by injuring an unspecified high number of people.
Amendment 337 #
Proposal for a directive
Article 8
Article 8
Member States shall ensure that all victims receive written acknowledgement of any complaint made by them to an appropriate authority of the Member State.
Amendment 340 #
Proposal for a directive
Article 9
Article 9
Member States shall ensure that all victims may be heard during criminal proceedings and may supply evidence.
Amendment 344 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that all victims have the right to have any decision not to prosecute reviewed.
Amendment 345 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall ensure that all victims are provided with sufficient information to decide whether to request a review of any decision not to prosecute.
Amendment 357 #
Proposal for a directive
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) before agreeing to participate in the process, the victim is provided with full and unbiased information, in a language that the victim understands, about the process and the potential outcomes as well as information about the procedures for supervising the implementation of any agreement;
Amendment 373 #
Proposal for a directive
Article 12
Article 12
Member States shall ensure that all victims have access, in accordance with procedures in national law, to legal aid, where they have the status of parties to criminal proceedings.
Amendment 412 #
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
Amendment 427 #
Proposal for a directive
Article 18 – paragraph 2 – point b a (new)
Article 18 – paragraph 2 – point b a (new)
(ba) Victims of criminal offences committed with a bias motive.
Amendment 434 #
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall ensure that all other victims receive a timely and individual assessment, in accordance with national procedures, to determine whether they are vulnerable, due to their personal characteristics or the circumstances or the type or nature of the crime, to secondary and repeat victimisation or intimidation.
Amendment 440 #
Proposal for a directive
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3a. Member States shall ensure the proper exercise of victim rights in the event of mass victimisation caused by a criminal offence.
Amendment 478 #
Proposal for a directive
Article 21 – paragraph 2 – point d
Article 21 – paragraph 2 – point d
(d) all interviews with victims of sexual violence are conducted by a person of the same sex, unless the victim states other preference.
Amendment 523 #
Proposal for a directive
Article 24 – paragraph 4
Article 24 – paragraph 4
4. In accordance with the duties involved, and the nature and level of contact the practitioner has with victims, training shall as a minimum include skills, knowledge and attitude required to assist victims, matters relating to the impact that crime has on victims, the risks of intimidation, repeat and secondary victimisation and how these can be avoided and the availability and relevance of support to victims.