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Victim Information Counter The Hague (VIC)

Chain cooperation : Reducing the Risk of Secondary Victimization

Roland R. Knobbout, • Public Prosecutor The Hague• Chairman VIC• Committee member of The Dutch Violent Offences Compensation Fund•Board member of HALT Bureau

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Chain Cooperation

• The Public Prosecution Service, being the Public Prosecutor’s Office at the District Court and the PPO at the Court of Appeal, both in The Hague,

• Victim Support in the Netherlands (SlachtofferhulpNederland), districts Haaglanden and Midden,

• Police regions Haaglanden and Hollands-Midden and • Dutch Violent Offences Compensation Fund

together founded the Victim Information Counter (VIC) The Hague.

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Content

• The Police & Public Prosecution Service (PPS): deals consistently, quickly and strictly with perpetrators of aggression and violence against vulnerable victims, like children and victims of human trafficking

• Dutch Criminal Law : Differences between adult and juvenile criminal law / guarantees Suspects and Victims

• Victim Information Counter The Hague• Numbers • Rights of victims• Developments in 2011 and next• Bottlenecks• Discussion

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Criminal Law

• (Inter)national regulations to protect vulnerable victims, like children

• Tackling of perpetrators: Dutch Criminal Code. Mainly a priority of police and PPS

• Child abuse & domestic violence• Sexual offences, incl. youth prostitution /

child pornography • Smuggling of people, human trafficking and

slavery

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Criminal Law

• Criminal law and victims’ rights are of basic importance

• To produce evidence is often difficult• Victims of violence/ sexual offence often fear own

safety and (safety of) family in The Netherlands and outside

• Human trafficking / smuggling and child pornography: international and organized

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Juvenile criminal law

• Dutch Juvenile criminal law : 12-18/21 years• Interest of child and victim of primary importance

• Guarantees Dutch Criminal Law

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Juvenile criminal law

• Purpose Juvenile criminal law : prevention of recidivism / pedagogic manners

• HALT Bureau• Special police officers, Public Prosecutors and

judges • Civil law & criminal law

• The Child Care and Protection Board

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Victim Information Counter The Hague

• Interest of the victim is of primary importance • Victim Information Counter: chain of cooperation : unique

modernized ‘single-front office thought’ • Concentration of several services : PPS, Police, Victim Support and The Violent Offences Compensation

Fund, good contacts with Court and other agencies

• Victim Information Counter The Hague = nation example, since 1 January 2011 ( Slachtofferloket)

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VIC The Hague

The VIC The Hague operates according to a unique 1-window format, which means that victims of crimes and dependants of victims can turn there for help in many ways.

The employees of the chain partners work together at the Palace of Justice and can be contacted at one telephone number and at one website

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VIC The Hague

• The operating method of the VIC is focussed on the victim and on quality and it also aims at guaranteeing the rights of the victim, while offering him assistance and bringing forward his interests during the criminal proceedings.

• The special care offered to the victim will save him time and irritation and prevents a lot of distress. For instance in the court room, but also later when someone might be partially certified incapable for work because of traumatic experiences

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Victim Information Counter The Hague

• In 2010, thanks to the chain cooperation activities in the field of victim care have increased.

• One must think of many services to the victim that have been laid down partially in legal regulations

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Intake/ call centre

• The Hague area ; annually about 18.000 phone calls and 50.000 letters

• intake per victim : which rights/ which services

• special attention for victims of serious crimes • special attention for vulnerable victims • special attention for victims with a public function

• often specialized employees for these victims : police officers, PPS officers and employees of Victim Information Counter: victims’ rights lawyers & case coordinators

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Victim of crime has several functions and rights:

Full custom for vulnerable victims

• Function of victim : report someone to police (Dutch Penal Code, art 160)

• Witness • Right to good supply of information and inspection• Right to assistance (e.g. accommodation)• Right to protection/ anonymity (e.g. in case of threat)• Right to guidance • Right to compensation for damages • Right to speak• Right to be active (attend a sitting, add documents to the

file, etc.) and the right to complain (decision PPS not to prosecute etc. / Ombudsman)

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Victim’s rights human trafficking

• B9 : right of residence in the Netherlands : • To stimulate reporting of crimes and attending

criminal procedures ; also possible if victim does not report because of serious threats or for medical reasons

• Particular conditions to protect the victim

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Right of compensation

- Easily realizable via criminal law- Consolidation form - Victim Information CounterThe Hague assists :- Assists with the completion of forms : 650 per year and

examined/ corrected 2600 per year- No examination of firms, lawyers, etc. - Decision on civil claim- (officially or on demand) compensation measure : The

Central Fine Collection Agency - Regulation of ‘payment in advance’ since 1-1-2011

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Consultations with Victims • Public Prosecutor - Victim interviews per year : 400

customized interviews with important role for the victim, e.g. recent information or special conditions to the benefit of the victim

Written Victim Statement : 650The right to speak during the Court Hearing : diverse and

available with damage statements

Numbers of sittings with counselors of Victim Support The

Netherlands : Substantial support to the Victim,-Fear or emotion or not capable -safe and pleasant Yearly average : 200

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Serious Crimes

Case coordination murder and other serious crimes

- Police : family/victim detectives - PPS : case coordinator/ manager - Victim support coach

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PPS The Hague & The Victim Information Counter: Intensification of compensation by perpetrators of aggression and violence

Give victims a VIP treatment

The Violent Offences Compensation Fund : in case the perpetrator is unknown, without means or in case of grave consequences for vulnerable victim

Unambiguous National Agreements : agreements between Police and PPS with regard to the tackle of violence against employees with a public function

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Recent developments

• Act to Strengthen the Position of Victims since 1-1-2011 :• Victim is participant of trial and deserves respect from

other parties• Anonymity in criminal procedure/ report : domicile option• Front desk of The Victim Information Counter,

new waiting room, consulting rooms • Victims in court room : permanent place • Importance of publicity

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Bottlenecks

1. Expertise of social workers : no/ insufficient knowledge of victim’s rights and criminal law

2. Policy social workers : When does one go to law? 3. Being consistent and act accordingly, irrespective of

cost4. Support victims and show it : during the recording of hearings, during sittings and after5. Juvenile criminal law : Perpetrator or Victim, it could be your child 6. International cooperation criminal law and victim’s law

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The end or the beginning?

• A well treated and active victim is the most important ambassador, legitimizes the criminal procedure/jurisdiction, decreases recidivism

• Questions : The Victim Information Counter The Hague ( Slachtofferloket &SIP)

• www.slachtofferloket.nl

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Discussion?

• Together with you we take a look at the power of the cooperation, the possibilities and desirability’s. Especially the cooperation between organisations aimed at victim rights and victim care gives an enormous boost to the victim to recover and to go for his rights.

• To realise this, what can be the role of the Public Prosecution Service, the Police, the Victim Support Organisations or Compensation Fund?

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Discussion ?

Could (more) Chain cooperation also be beneficial to you/ within your country?

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Discussion

• On paper it (often) all seems so obvious, but practice show that there is a strict separation between the organisations. • Are we dealing with cold feet here?

• Are the Police and/or the Public Prosecution Service afraid that someone is looking over their shoulder?

• Or do we often forget to look at the general interest, being the victims, and do we focus too much on the suspects?