lessons learned from witness-victims support in croatia

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Mario Krešić, UNDP Chief Technical Advisor for Justice in Croatia

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  • 1.Lessons learned fromWitness-Victims Support in Croatia Presentation by:Mario Krei, UNDP Chief Technical Advisor for Justice in Croatia International ConferenceJudicial Reform and Empowerment of VictimsZagreb, 28-29 November 2012

2. Victims of crime Victims of domestic violence, rape and sexual crime Victims of human trafficking Victims of hate race crime Children as victims Persons with disabilities as victims Victims of war crime/Victims of international human rightslaw and serious violations of international humanitarian law Victims of terrorism Victims of organized crime Victims of violence Victims of property crime Victims of road traffic offences Vitcims 3. Victims rights To be treated with respect to their dignity Information Assistance throughout the legal process Social assistance Privacy Physical protection Informal dispute resolution Restitution and compensation 4. Victims&Witness Support SystemInstitutions of criminal justice system: Police Prosecutors Courts Probation officesReferrals: Public institutions (social care, medical care etc.) Non-governmental institutions Specialized for different groups of victims (gender based, children, etc.) General victim-support organizationsNational Coordination mechanism 5. New momentum!!EU Directive establishing minimum standardson the rights, support and protection ofvictims of crime (14 November 2012) "In criminal justice we have always been concerned with the perpetrator, not the victim. We must put these special measures in place, our goal is to put the victims first. (Viviane Reding, European Commission Vice-President and European justice commissioner, September 2012) 6. WVS programme and judicial reform1. STRATEGIC MANAGEMENT IN JUDICIARY9. COMBATING IMPUNITYAND SUPRESSION OF SPECIFIC2. INDEPENDENCY,CRIMES(WAR AND ACCOUNTABILITY,ORGANIZED CRIME,IMPARTIALITY ANDCORRUPTION, SEXUAL CRIME) PROFESSIONALISM OF JUDICIARYJUDICIARY ANDFUNDAMENTAL RIGHTS 6. PROTECTION OF3. EFFICIENCY OF FUNDAMENTAL RIGHTSJUDICIARY 5. ACCESS TO JUSTICE4. PRISON SYSTEM 7. Witness-Victims Support Project 8. Why witness-victims support ?1. Rights of witnesses and victims2. Efficiency of judiciary Reducing the number of unresolved cases Reducing impunity for crimes Disburdening of judges Improving public perception on judiciary3. Volunteer practiceLINK WHY WVS? http://www.youtube.com/watch?v=U48cq9ucgXA 9. UNDP and WVS UNDP&UN experience The Declaration of Basic Principles of Justice forVictims of Crime and Abuse of Power, approved bythe General Assembly in 1985 UNDP recognized model:Council of Europe Parliamentary Assembly Resolution1784 (2011) and Recommendation 1952 (2011) 10. UNDP modelCouncil of Europe Parliamentary Assembly Resolution 1784(2011) and Recommendation 1952 (2011): The Assembly further acknowledges the work of theUnited Nations Development Programme in Croatia inestablishing witness support programmes which providesupport and advice for witnesses in pilot courts The Assembly therefore calls on the competent authoritiesin the states and territories concerned (Balkan) to providefunding for and establish witness support programmes,using those that have been set up by the United NationsDevelopment Programme in Croatia as a model, in allcourts dealing with witnesses in serious crimes. 11. Project results: system changed Legal framework changed Courts organizational structure changed Ministry of Justice organizational structure changed Strategic management by Government introduced WVS Volunteers introduced in courts 12. Project Results(May 2008- November 2012: 4.5 years)* 7 WVS offices (50 % of all county courts) 14 WVS professionals in courts 12.050 witnesses and victims were supported1.862 war crime witnesses and victims weresupported Additional 8.390 witnesses received support by thetelephone (data: March 2012)* 3 WVS offices started support in 2011 (data for 2 years) 13. 7 WVS offices in courtsEstablished 2008-2010 :Established 2010-2011 :Plans for 2012-2013 : 14. Coordination of WVS system National Governmental Committee for Monitoring and Development of Witness and Victims Support System Sector for Witness and Victims Support in the Ministry of Justice 15. Volunteers in courts Victim and Witness Support Association (VWSA) The work of WVS offices is supported by network of youngvolunteers organized through Victim and Witness SupportAssociation (VWSA) 223 volunteers 6854 volunteer hours in supporting witnesses in courts (May2008 March 2012) Court Rule Book regulates the work of the VWS Association incourts Association is a member of Victims Support Europe 16. National Information Centerfor Victims Europeann Commission Decision 2007/116/EC on Reserving the National Numbering Range beginning with 116 for Harmonised Numbers for Harmonised Services of Social Value UNDP Project 2012- 2013 17. DOES IT WORK? Recognitions Award to the project in2011 UNDP competitionof 187 countries11th Session of Assemblyof States Parties to theInternational CriminalCourt (2012)"Fair, effective, andreliable justice systemsalso reduce fear andintimidation.Croatias victim & witnessprogramme, supported byUNDP, had this effect, andit has been recognized bythe Council of Europe asa best practice."Helen Clark, UNDP 18. Number of victims SexualDomestic Rape and sexSTATISTICS and witnesses intercourse violence related crimes supported with childZagreb * 2.44147143 191(2008 2012)Vukovar**2.839166633(2008- 2012)Zadar**2.509683260(2008-2012)Osijek*2.099 156 74266(2008-2012)Rijeka 99912 57 39(2011-2012)Split* 767 2 78 26(2011-2012)Sisak**39631 14109(2011-2012)TOTAL 12.050 2481.2151.524 * Large-size court **Medium-size court 19. DOES IT WORK? Real stories F. ., the 40-year-old mother of a six-year-old child, was a victim ofdomestic violence for years. Sheendured continuous physical andverbal abuse until her neighbors sawher husband kick her in the stomach infront of their daughter and reported theabuse to police in the Croatian coastalcity of Zadar. A few days before the case went totrial, she learned by chance about theWitnesses and Victims Support Officeat Zadar County Court. Finding someone she could rely onand trust, and who would protect herfrom having to face her husband in thecourt building by providing a separatewaiting room prior to the trialconvinced F.. to decide to testify incourt and to speak out about theabuse 20. DOES IT WORK? Real stories "As an employee of a retail chain, to Along with her summons,my greatest regret, I was the witnessM.K. received contactof an armed robbery. It was an information for the Witnessextremely traumatic experience thatand Victim Support Office.forced me to change my job. Four The day before heryears after the event, I received atestimony she paid thesummons to testify against the office a visit. Brankasuspected perpetrator, and my agonyLui, the office head, andstarted again. For days I could nother assistant Danielasleep fearful of meeting the ukelj welcomed M.K. andsuspect and of his revenge. I was re-explained the courtliving the fear and stress of that day. process and what to expect, even showing her on a diagram where she would sit. When she went to court to give evidence, M.K. was joined by the office staff. 21. DOES IT WORK?Survivors of wartime sexual violence appeal for justicein Vukovar This kind of war crimes is extremely difficult for processing, sometimes even impossible... I emphasize, none of Survivors of war rapes urica Pankas and SnjeanaKaraula-Manjak these cases is leftUN hosted roundtable, 5 April 2012 forgotten in a drawer somewhere. Davor Petrievi, County State Prosecutor in Osijek 22. Can we do more?A life of one woman is the life of all ofus. If someone inflicts pain to onewoman, he has inflicted pain to all ofus. When I listen to stories of theseVukovar victims, who meet theirrapists every day walking freely downthe road, honestly, I would like to geta gun.However, the very fact that these Eve Ensler, American playwright, 5. Aprilwomen suppress this fury 2012. Vukovar at UN hosted roundtabledemonstrates their strength and thestrength of every woman.I cry every day for all women victimsof sexual crimes in Croatia, Bosniaand Herzegovina and in the wholeworld, I cry and I am not ashamed tosay it out loud. 23. Next steps? Strategy on Witness-victims support Roll out of the Witness-victims support offices toall county courts Establishment of witness-victims support units inpolice and prosecutor`s office Witness-Victims Support Association sustainable partner to the Ministry of Justice. Referral system strengthen National Call Center for victims set up 24. Lessons learned Assessment WVS Program as part of judicial reform agenda Strategic management National Committee Institutionalized structure in the criminal justicesystem (employed officers and WVS units) Volunteering program in judiciary WVS Association & referral system Compensation mechanism