17 Amendments of Ádám KÓSA related to 2011/0129(COD)
Amendment 116 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5 a) On 25 October 2011 the European Parliament adopted a resolution on mobility and inclusion of people with disabilities and the European Disability Strategy 2010-2020 which states that many disabled people continue to suffer discrimination with regard to the lack of equal recognition before the law and justice and calls on the Member States to remedy these shortcomings, including ensuring real access to justice for people with disabilities, especially with regard to freedom of, and access to, communication (including Braille and sign languages and other alternative forms of communication);
Amendment 133 #
Proposal for a directive
Recital 10
Recital 10
(10) When providing information, sufficient detail should be given to ensure that victims are treated in a respectful manner and to enable them to make informed decisions about their participation in proceedings and how to access their rights. In this respect, information provided in an appropriate and intelligible way allowing the victim to know about the current status of any proceedings and their progress is particularly important. This is equally relevant for information to enable a victim to decide whether to request a review of a decision not to prosecute.
Amendment 135 #
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,context, the following should be taken into account: 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 or sensory impairment such as those related to sight or hearing, should be taken into account. Equally, limitations on a victim’s ability to communicate information should be taken into account during criminal proceedings.
Amendment 140 #
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 onlyshould be provided to the extent necessary for victims to exercise their rights. Interpretation – including interpretation in sign language – and translation according to the Directive must be provided in one of the languages spoken and understood by the victims (and provided in any form chosen by them) so that they may fully exercise their rights.
Amendment 163 #
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 and organ 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 and organ trafficking and victims of childthe sexual abuse, and sexual exploitation andof child pornographyren and mentally retarded people and pornography involving both groups, 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 197 #
Proposal for a directive
Recital 24
Recital 24
(24) Any officials in criminal proceedings likely to come into personal contact with victims should be trained to identify and meet the needs of victims both through initial and ongoing training – including learning sign language – and to a level appropriate to their contact with victims. This should include specialist training as appropriate.
Amendment 208 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25 a) Further victimisation, intimidation and discrimination can take place if victims are targeted for abuse because of their race, religion, faith, nationality, age, sexual orientation, disability, gender or social background. Another reason for the failure to report crimes is the low level of trust placed in the criminal justice system, problems understanding the system for making complaints and concern at unacceptable treatment by the authorities who, whilst failing to believe or understand victims (e.g. because of deafness), state that such people have equal citizenship to representatives of the authorities. There is also concern that they will not respect victims or acknowledge their status as victims. 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 competent authorities are prepared to respond to victims’ reports in a respectful, considerate, equal and professional manner. There is a need for appropriate training and a proper level of specialisation on the part of the relevant authorities and for regulations which pay proper attention to the rights of victims, including protection from intimidation and secondary victimisation. The measures should include allowing third persons to report incidents, granting procedural representation rights to victim assistance services and enabling the use of communication technologies such as email, video recordings which are official / attested or made subject to registration, or any other electronic means of making a complaint for reports to be filed.
Amendment 225 #
Proposal for a directive
Article 2 – point a – point ii
Article 2 – point a – point ii
ii. the family members(s) and embryo(s) of a person whose death or disability has been caused by a criminal offence;
Amendment 229 #
Proposal for a directive
Article 2 – point a – point ii a (new)
Article 2 – point a – point ii a (new)
ii a. the family member(s) of a person whose death has been caused by a criminal offence or a person or persons recognised as the guardian or representative of a victim who, at the time of or subsequent to the offence, was rendered partly or completely incapable;
Amendment 253 #
Proposal for a directive
Article 3 – introductory part
Article 3 – introductory part
Member States shall ensure that victims are provided with the following information, provided in the form requested by the victim (in writing, orally and/or sign language) and without unnecessary delay, from their first contact with the authority competent to receive a complaint concerning a criminal offence:
Amendment 261 #
Proposal for a directive
Article 3 – point g a (new)
Article 3 – point g a (new)
g a) to what extent and subject to what conditions they are entitled to interpreting and translation, including interpreting in sign language;
Amendment 424 #
Proposal for a directive
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
(b) Victims of human and organ trafficking.
Amendment 467 #
Proposal for a directive
Article 20 – point c
Article 20 – point c
(c) victims may be accompanied, where appropriate, by their legal representative, the sign-language interpreter they are using or a person of their choice, unless a reasoned decision has been made to the contrary in respect of that person.
Amendment 473 #
Proposal for a directive
Article 21 – paragraph 2 – point a
Article 21 – paragraph 2 – point a
(a) interviews with the victim carried out in suitable premises designed or adapted for that purpose;
Amendment 475 #
Proposal for a directive
Article 21 – paragraph 2 – point c
Article 21 – paragraph 2 – point c
(c) all interviews with the victim are conducted by the same persons and, in the case of a victim who uses sign language, with the assistance of the same sign- language interpreter, if they so request, unless this is contrary to the good administration of justice;
Amendment 506 #
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shall ensure that police, prosecutors and court staff receive both general and specialist training to a level appropriate to their contact with victims, including training in sign language, to sensitise them to the needs of victims and to deal with them in an impartial, respectful and professional manner.
Amendment 537 #
Proposal for a directive
Article 27
Article 27
Member States shall communicate to the European Commission data related to the application of national procedures on victims of crime by [two years after the date of adoption] at the latest, including data concerning people with disabilities and sign language users – data which hitherto have likewise been lacking.