45 Amendments of Auke ZIJLSTRA related to 2011/0129(COD)
Amendment 113 #
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 such, victims should be 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, 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 sufficient access to justice.
Amendment 136 #
Proposal for a directive
Recital 11
Recital 11
(11) Information and advice provided by public authorities, victim support services and restorative justice services should as far as possible be given through a range of media in a manner which can be understood by the victim. It should also be ensured that the victim can be understood during proceedings. In this respect, the victim’s knowledge of the language used to provide information, their age, maturity, intellectual and emotional capacities, literacy levels and any mental or physical impairment such as those related to sight or hearing, shouldmay be taken into account. Equally, limitations on a victim’s ability to communicate information shouldmay be taken into account during criminal proceedings.
Amendment 141 #
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 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 rightsDoes not affect the English version.
Amendment 165 #
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 trafficking 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 181 #
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 particularmay 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.
Amendment 192 #
Proposal for a directive
Recital 22
Recital 22
(22) The risk of further victimisation either by the offender or as a result of participation in criminal proceedings should be limited by carrying out proceedings in a co-ordinated manner which treats victims with respect and enables them to establish trust in authorities. Interaction with authorities should be as easy as possible whilst limiting the number of unnecessary interactions the victim has with them through for example video recording of interviews and allowing its use in court proceedings. As wide a range of measures as possible should be made available to practitioners to prevent distress to the victim during court proceedings in particular as a result of visual contact with the offender, his family, associates or members of the public. To that end, Member States are encouraged to introduce, where appropriate, feasible and practical measures enabling court facilities to include separate waiting areas for victims. Protecting the privacy of the victim can be an important means of preventing further victimisation and can be achieved through a range of measures including non-disclosure or limitations on the disclosure of information concerning the identity and whereabouts of the victim. Such protection is particularlyalso important for child victims, including non- disclosure of the name of the child.
Amendment 195 #
Proposal for a directive
Recital 23
Recital 23
Amendment 201 #
Proposal for a directive
Recital 24
Recital 24
(24) Any officials in criminal proceedings likely to come into contact with victims shouldmay 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 shouldmay include specialist training as appropriate.
Amendment 206 #
Proposal for a directive
Recital 25
Recital 25
(25) Member States shouldmay encourage and work closely with civil society organisations, including recognised and active non-governmental organisations working with victims of crime, in particular in policy-making initiatives, information and awareness-raising campaigns, research and education programmes and in training, as well as in monitoring and evaluating the impact of measures to support and protect victims of crime.
Amendment 210 #
Proposal for a directive
Recital 26
Recital 26
(26) Since the aim of establishing common minimum standards cannot be sufficiently achieved by Member States acting unilaterally, either at national, regional or local level, and could instead, due to the scale and potential effects be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as referred to in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objectiveMember States themselves can sufficiently establish minimum standards, the proposal for a directive breaches the principle of subsidiarity as referred to in Article 5 of the Treaty on European Union.
Amendment 211 #
Proposal for a directive
Recital 27
Recital 27
(27) Personal data processed when implementing this Directive should be protected in accordance with Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters and in accordance with the principles laid down in the Council of Europe Convention of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data, which all Member States have ratifiedif this Directive is implemented should be protected in accordance with domestic legislation.
Amendment 296 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shallmay ensure that victims who do not understand or speak the language of the criminal proceedings concerned are provided if they so wish with interpretation, free of charge, during any interviews or questioning of the victim during criminal proceedings before investigative and judicial authorities, including during police questioning, and interpretation for their participation in court hearings and any necessary interim hearings.
Amendment 303 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. In order to ensure that victims can exercise their rights in criminal proceedings, Member States shallmay 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.
Amendment 307 #
Proposal for a directive
Article 6 – paragraph 4 – introductory part
Article 6 – paragraph 4 – introductory part
4. Member States shallmay ensure that a victim who does not understand or speak the language of the criminal proceedings concerned shall receive translations if they so wish, free of charge, of the following information, to the extent that such information is made available to the victim:
Amendment 313 #
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Member States shallmay ensure that a procedure or mechanism is in place to ascertain whether the victim understands and speaks the language of the criminal proceedings and whether they need translation and the assistance of an interpreter.
Amendment 319 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shallmay ensure that victims and their family members, in accordance with their needs, have access to free of charge, confidential victim support services.
Amendment 322 #
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. As a minimum, such services shallSuch services may, inter alia, provide:
Amendment 332 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States shallmay promote the setting up or development of specialist support services, in addition to general victim support services.
Amendment 352 #
Proposal for a directive
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. Member States shall establish standards to safeguard the victim from intimidation or further victimisation, to be applied when providing mediation or other restorative justice services. Such standards should as a minimummay include the following:
Amendment 380 #
Proposal for a directive
Article 13
Article 13
Member States shallmay, in accordance with procedures in national law, afford victims who participate in criminal proceedings the possibility of reimbursement of expenses incurred as a result of their participation in criminal proceedings, possibly including as a result of their attendance at the trial.
Amendment 383 #
Proposal for a directive
Article 14
Article 14
Member States shallmay ensure that recoverable property belonging to victims which is seized in the course of criminal proceedings is returned to them without delay, unless required for the purpose of criminal proceedings.
Amendment 393 #
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. Member States shallmay ensure that their competent authorities can take appropriate measures to minimise the difficulties faced where the victim is a resident of a Member State other than that where the offence occurs, particularly with regard to the organisation of the proceedings. For this purpose, the authorities of the Member State where the crime took place shallmay, in particular, be in a position:
Amendment 394 #
Proposal for a directive
Article 16 – paragraph 1 – indent 1
Article 16 – paragraph 1 – indent 1
Amendment 395 #
Proposal for a directive
Article 16 – paragraph 1 – indent 2
Article 16 – paragraph 1 – indent 2
to have recourse to the extent possible to the provisions on video conferencing and telephone conference calls laid down in the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of 29 May 2000 for the purpose of hearing victims resident abroad.
Amendment 396 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shallmay ensure that victims of criminal offences in Member States other than the one where they reside may make a complaint to the competent authorities of the Member State of residence if they are unable to do so in the Member State where the offence is committed or, in the event of a serious offence determined by national law, if they do not wish to do so.
Amendment 403 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Amendment 407 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The measures referred to in paragraph 1, shall in particular may include: procedures for the physical protection of victims and their family members, measures to ensure that contact between offenders and victims may be avoided within premises where criminal proceedings are conducted, and measures to ensure that the risk of psychological or emotional harm to victims during questioning or when testifying is minimised and their safety and dignity are secured.
Amendment 438 #
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shallmay 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 447 #
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Member States shallmay ensure that all vulnerable victims as identified in paragraphs 1, 2 and 3, receive a timely and individual assessment, in accordance with national procedures, to determine which special measures as provided in Articles 21 and 22 they should benefit from. Such an assessment shallmay take into account the wishes of the vulnerable victim including where they do not wish to benefit from special measures.
Amendment 462 #
Proposal for a directive
Article 19
Article 19
Member States shall progressivelmay establish the necessary conditions to enable avoidance of contact between victims and accused or suspected persons in any venue where victims may have personal contact with public authorities due to their being a victim and in particular venues where criminal proceedings are conducted.
Amendment 464 #
Proposal for a directive
Article 20 – introductory part
Article 20 – introductory part
Member States shallmay ensure that:
Amendment 471 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shallmay ensure that vulnerable victims referred to in Article 18 benefit from the measures provided for in paragraphs 2 and 3 in accordance with an individual assessment as provided for in Article 18(4) and with rules of judicial discretion.
Amendment 472 #
Proposal for a directive
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. Vulnerable victims shallmay be offered the following measures during criminal investigations:
Amendment 481 #
Proposal for a directive
Article 21 – paragraph 3 – introductory part
Article 21 – paragraph 3 – introductory part
3. Vulnerable victims shallmay be offered the following measures during court proceedings:
Amendment 485 #
Proposal for a directive
Article 22 - introductory part
Article 22 - introductory part
In addition to the measures provided for in Article 21, Member States shallmay ensure that where the victim is a child:
Amendment 493 #
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Member States shallmay ensure that judicial authorities may adopt during the court proceedings, appropriate measures to protect the privacy and photographic images of victims and their family members.
Amendment 497 #
Proposal for a directive
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Member States shallmay encourage the media to pursue self-regulatory measures in order to protect victims' privacy, personal integrity and personal data.
Amendment 510 #
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shallmay ensure that police, prosecutors and court staff 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.
Amendment 516 #
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Member States shallmay ensure that members of the judiciary have access to both general and specialist training to sensitise them to the needs of victims and to deal with them in an impartial, respectful and professional manner.
Amendment 521 #
Proposal for a directive
Article 24 – paragraph 3
Article 24 – paragraph 3
3. Member States shallmay take measures to ensure that those providing victim support and restorative justice services receive adequate training to a level appropriate to their contact with victims and observe professional standards to ensure such services are provided in an impartial, respectful and professional manner.
Amendment 525 #
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 minimummay include 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.
Amendment 528 #
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Member States shallmay co-operate to facilitate more effective protection of victims' rights and interests in criminal proceedings, whether in the form of networks, directly linked to the judicial system or by means of links between organisations which provide support to victims, including through the support of European networks dealing with victims' matters.
Amendment 530 #
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Member States shallmay ensure that those authorities working with or providing support to victims work together to ensure a co-ordinated response to victims 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.
Amendment 533 #
Proposal for a directive
Article 26
Article 26
Amendment 534 #
Proposal for a directive
Article 27
Article 27