28 Amendments of Sonia ALFANO related to 2011/0129(COD)
Amendment 112 #
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 well as an offence against society as a whole. 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 taking into account their personal situation 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 and timely access to justice.
Amendment 119 #
Proposal for a directive
Recital 7
Recital 7
(7) This Directive respects fundamental rights and observescomplies with 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,freedom and security, the right to respect for private and family life, the right to non-discrimination and the right to property, and the rights of the child, the elderly and persons with disabilities, and the right to a fair trial.
Amendment 129 #
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 and in all relevant remedial and compensatory measures. 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. Any measures concerning such support and assistance should be gender-specific where appropriate.
Amendment 131 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Victimisation that occurs not as a direct result of a criminal act but through the response or inertia of institutions and individuals in respect of the victim, which is also known as ‘secondary victimisation’, should be avoided through services to victims which demonstrate an approach relevant to their users. Those services should recognise the gender dynamics, impact and consequences of specific forms of violence, while operating within a gender equality and human rights framework.
Amendment 148 #
Proposal for a directive
Recital 13
Recital 13
(13) Support, whether provided by suitably identified 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 sufficientn appropriate geographical distribution to allow all victims the opportunity to access such services. Certain groups of victims such as victims of sexual violence, gender, race hate or other bias crimes or victims of terrorism or organised crime may require specialist support services due to the particular characteristics of the crime they have fallen victim to. Member States should supply the resources necessary for the support, assistance and protection of victims, and the proceeds seized in the context of various forms of common, organised or terrorist-related crime should be set aside for this purpose as a matter of priority.
Amendment 160 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) To ensure that victims and their rights are fully protected, individuals who are recognised as being responsible for a crime should be able to have access to benefits that may be provided for under their own procedural and substantive law (plea bargaining, extenuating circumstances, prison benefits, etc.) only when – provided that all requirements have been met – they have fully compensated for the damage done to the victims and their family members.
Amendment 171 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) The innocent victims of terrorism and organised crime are particularly vulnerable due to the specific nature of the crime. They suffer intimidation, hostile behaviour and threats of retaliation by members of the communities associated with the perpetrators. These victims should therefore be granted specific help and recognition from society and must be protected against any exposure to intimidation, hate and fear. The Commission and Member States should consider adopting specific legislation on victims of terrorism and organised crime to recognise their public character and include more detailed provisions that ensure adequate protection and support, recognition, among 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. In this regard, the establishment of truth by the courts, within a reasonable time frame, must be a priority.
Amendment 172 #
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, gender identity or gender expression. It is a form of violence that affects women disproportionately and it may be interrelated but it is not limited to cases of violence in close relationship, sexual violence (both sexual assault and 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. In this perspective, it is crucial to criminalise all forms of gender-based violence and provide victims thereof with special prevention, protection and remedies measures.
Amendment 173 #
Proposal for a directive
Recital 17 b (new)
Recital 17 b (new)
(17b) Innocent victims of terrorism and of organised crime should be granted specific support given the fact that violating an individual right in such a context also violates the rights of society as a whole. As a consequence, a right with an individual nature should be protected in a specific way as it affects collective rights. Any remedial and compensatory measures provided for by the public authorities, in particular those concerning compensation, should be accessible solely to the innocent victims of terrorism and organised crime and their families.
Amendment 179 #
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 have specific needs. 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, and the type or nature of the crime such as organised crime, terrorism, or bias crimes and whether the victim is a foreign victibias crime, organised crime or terrorism. Victims of terrorism require particular attention in any assessment given the varying nature of such acts ranging from mass acts of mass terrorism to targeted terrorism against individuals or to the victims of organised crime, especially mafia-style crime.
Amendment 180 #
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 could have specific needs. 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 and gender expression, 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 186 #
Proposal for a directive
Recital 19
Recital 19
(19) Victims who have been identified as vulnerable should be offered appropriate measures to protect them during criminal proceedings and, where necessary, afterwards too. The exact nature and extent of any such measures 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 194 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) In order to facilitate the more effective protection of victims' rights and interests, Member States should develop a general multi-agency and comprehensive approach. In this regard, Member States should ensure that there are appropriate mechanisms in place that provide for effective cooperation among the judiciary, public prosecutors, law enforcement agencies, local and regional authorities, suitably identified non-governmental organisations and other relevant organisations. The term ‘mechanism’ refers to any formal or informal structure such as agreed protocols, round tables or any other method that enables a number of professionals to cooperate in a standardised manner.
Amendment 200 #
Proposal for a directive
Recital 24
Recital 24
(24) Any officials in criminal proceedings likely to come into contact with victims should be trained to identify and meet the needs of victims both through initial and ongoing training and to a level appropriate to their contact with victims. This should include specialist training as appropriate. Police, prosecutors and other personnel involved in cases of gender-based violence should be trained in appropriate methods to deal with victims of such violence in a gender-sensitive manner. Such training should be institutionalised and standardised across Member States and should be carried out in close consultation with suitably identified non- governmental organisations and service providers for victims of gender-based violence.
Amendment 209 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) Further victimisation, intimidation and discrimination can occur, where victims are targeted for abuse due to their personal characteristics such as race, religion, beliefs, nationality, age, sexual orientation, disability, gender, gender identity, gender expression or social background, which is a leading cause of the high rate of unreported crime cases. Low confidence in the criminal justice system, difficulties in understanding the system for making a complaint and fear of experiencing unacceptable treatment by the authorities through not being believed, or due to a lack of respect and recognition towards the victim are further reasons behind unreported crime cases. In order to encourage and facilitate reporting and to allow victims to break the cycle of repeat victimisation, it is imperative that reliable support services are available to victims and that Member States’ authorities are prepared to respond to victims’ reports in a respectful, considerate, equal and professional manner. This requires sufficient training and an appropriate level of specialisation on the side of all relevant authorities, as well as regulations that pay sufficient attention to the rights of victims, including the right to be protected against intimidation and secondary victimisation. Measures may also include enabling third party reporting and empowering victim support organisations to engage in proceedings on behalf of victims as well as allowing the use of communication technologies, such as e-mail or website forms, for filing complaints.
Amendment 216 #
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 all the stages of criminal proceedings and are recognised and treated in a respectful, sensitive and professional manner, without discrimination of any kind, in all contacts with any public authority, victim support or restorative justice service.
Amendment 247 #
Proposal for a directive
Article 2 – point g a (new)
Article 2 – point g a (new)
(ga) ‘gender-based violence’ means violence that is directed against a person because of his or her gender, gender identity or gender expression;
Amendment 285 #
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 prosecuted or sentenced for offences concerning them is released from detention. Victims shall receive this information where they have expressed such a wish, without 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 that information.
Amendment 331 #
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 specialist support services for all victims with special needs identified according to Article 18, including victims of gender-based violence, victims of violence in close relationships and their family members, in addition to general victim support services.
Amendment 376 #
Proposal for a directive
Article 12
Article 12
Member States shall ensure that innocent victims have access, in accordance with procedures in national law, to legal aid, where they have the status of parties to criminal proceedings.
Amendment 379 #
Proposal for a directive
Article 13
Article 13
Member States shall, in accordance with procedures in national law, afford innocent victims who participate in criminal proceedings the possibility of reimbursement of expenses incurred as a result of their participation in criminal proceedings, including as a result of their attendance at the trial.
Amendment 390 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall take measures to encourage offenders to provide adequate compensation to victims and shall allow access to such benefits as might be provided for in procedural or substantive law (plea-bargaining, extenuating circumstances, relaxation of conditions of detention, etc.) only in cases where an offender in a position to do so has made full amends for the harm done to the victim and his or her family members.
Amendment 402 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that measures are available to protect the safety and dignity of victims and their family members from retaliation, intimidation, repeat or further victimisation from their first contact with a competent authority, during and after the conclusion of criminal proceedings. When requested by the victims, these measures shall include non disclosure of the personal characteristics taken into account in the individual assessment referred to in Article 18.
Amendment 451 #
Proposal for a directive
Article 18 – paragraph 4 a (new)
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: - the personal characteristics of the victim such as age, gender, and gender identity and gender expression, 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; - the type or nature of the crime such as the fact it is committed with a bias or discriminatory motive relating to the victim's personal characteristics such as age, gender, gender identity and gender expression, 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; - the circumstances of the crime such as the fact whether a person is victimised abroad; - the type or nature of the crime such as whether exploitation or physical or sexual violence has been used; - the wishes of the victim with special needs including whether they do not wish to benefit from special measures.
Amendment 469 #
Proposal for a directive
Article 20 – point c a (new)
Article 20 – point c a (new)
(ca) where an act of violence is reported late out of fear of retaliation, humiliation, or stigmatisation, the lateness does not give rise to any unfavourable inference regarding the victim, except where delay of this kind constitutes an offence in itself.
Amendment 499 #
Proposal for a directive
Article 23 a (new)
Article 23 a (new)
Article 23a Facilitation of reporting of offences Member States, where appropriate in cooperation with relevant civil society organisations and other parties concerned, shall take measures to help and encourage victims to report offences.
Amendment 509 #
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shall ensure that police, prosecutors and, court staff, lawyers and any other officials likely to come into contact with victims receive both general and specialist 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. These training schemes shall include the respective contribution of all officials to the identification of victims with special needs provided for in article 18.
Amendment 529 #
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Member States shall ensure that those authorities working with or providing support to victims work together to ensure a co-ordinated response to victims, to ensure the identification of victims with special needs as provided for in article 18, to facilitate the reporting of criminal offences and to minimise the negative impact of the crime, the risks of secondary and repeat victimisation and the burden on the victim due to interactions between the victim and criminal justice agencies.