C7 Victim rights’ and the right to a fair trial
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(Alex Sas, Slachtofferhulp Nederland) Human rights play an important role in the criminal procedure. Traditionally, they provide protection to the accused. These rights are firmly anchored in the European Convention on Human Rights. But what about the rights of the victim? The European Directive sets out the rights assigned to the victim, but how do they relate to the rights of the accused? Is the victim also entitled to a fair trial?
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C7 Victim rights’ and the right to a fair trial
- 2. Human Rights and Victims’ rights Human rights and Victims’ rights some thoughts
- 3. Human Rights and Victims’ rights Will the EU Directive minimum standards for victims of crime affects article 6 of the European Convention of Human Rights?
- 4. European Court of Human Rights Victim as civil claimant Article 6 ECHR (ECtHR case Perez vs. France) Applies only to the right to bring civil proceedings (compensation) Does not apply for ‘purely punitive purposes’ No recognition of the participation of victims in criminal proceedings
- 5. European Union Article 1 EU Directive Objectives 1. The purpose of this Directive is to ensure that victims of crime receive appropriate information, support and protection and are able to participate in criminal proceedings. Fair trial: Article 47 EU Charter Article 6 ECHR?: ECHR is a ‘living instrument’.
- 6. Participation 1. Receive information (Article 6 EU Directive) ( Right to attend the trial? paragraph 1(b)) 2. Give information (Article 10 EU Directive) 3. Right to a review of a decision not to prosecute (Article 11 Eu Directive)
- 7. Participation Article 10 EU Directive Right to be heard 1. Member States shall ensure that victims may be heard during criminal proceedings and may provide evidence. (…) 2. The procedural rules under which victims may be heard during criminal proceedings and may provide evidence shall be determined by national law.
- 8. Participation DG Justice Guidance Document ‘The purpose of this Article [10] is to ensure that all victims have an opportunity to provide information, views or evidence throughout criminal proceedings’ Best practice a victim should be free to present to the authorities concerned his/her view about the manner in which he/she would like to participate in the trial and that the Member State would respect and fulfil this request, to the greatest extent possible (e.g. Victim impact statement).
- 9. Participation 2.0 e.g. Germany: Nebenkläger NL: Victim statement of opinion
- 10. Participation 2.0 NL Victim Statement of Opinion (1 July 2016): (Only in cases of serious violent crimes) • Is the defendant guilty? • What punishment should be imposed? But no obligation for the court to respond to the statement in the verdict
- 11. Participation 2.0 Collision with Article 6 ECHR: The presumption of innocence/fair trial? • Defense has the right to contest the statement of the victim • New facts victim can be questioned Fair trial defendant Fair trial victim Article 6 ECHR Article 47 EU Charter
- 12. Discussion? 1. I've never heard so much nonsense. 2. Victims’ rights are human rights. 3. It does not matter what you call victims' rights. 4. The EU Directive still leaves room for improvement in the field of participation. 5. The EU Directive is not unconditional and not sufficiently precise to have direct effect.
Editor's Notes
- Plaats in het oranje vlak de titel van de presentatie. Bijvoorbeeld ‘casemanagement’ Zet in het tekstvak op de titelpagina de naam van de presentator en de functie van deze persoon.