Sunday, December 2, 2018

Handbook on Justice for Victims

            Some people still do not have a good understanding of human rights and very stupid declarations are said.  For example, that human rights do not defend the victims of crimes. Thus here there is a evidence of their mistake. Another stupidity is saying that human rights defend bandits, on the contrary, human rights is totally against crimes stay unpunished, and any violation of any human rights deserve a severe punishment. I could write many posts defending human rights, but I know that this would be totally unnecessary, because I think almost everybody already know their importance to the democracy and everyday in the citizen' life. The minority that says stupidity, maybe also understand their importance, but for some reason don not accept them as they are. This post is a summary of the book with the title above published in 1999 at   https://www.unodc.org/pdf/criminal_justice/UNODC_Handbook_on_Justice_for_victims.pdf       


             On 29 November 1985, the General Assembly of the UN adopted the declaration of Basic Principles of Justice of Crime and Abuse of Power, based on the conviction that victims should treated with compassion and respect for their dignity and that they are entitled to prompt redress for the harm that they have suffered, through access to the justice system, reparation and service to assist their recovery. The Declaration recommends measures to be taken on behalf of victims to improve access to justice and fair treatment, restitution, compensation and assistance. It also outlines the main steps to be taken to prevent victimization linked to abuse of power and to provide remedies for the victims. In the Declaration "victims" are defined in the broad sense as persons who, individually or collectively, have suffered harm,including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that are violations of national criminal laws or of international recognized norms relating to human rights. Experts from nearly 40 countries have participate in the development of this Handbook. It is hoped that in the years to come, practitioners, researchers and policy makers around the world will contribute information about their own experiences, tailor the information presented in this Handbook to meet their needs and legal systems and offer suggestions on how the Handbook can be improved. Its widest possible relevance will be a continuing aim in the quest to alleviate the plight of victims of crime and abuse of power around the world. Research shows that the shock from victimization touch not only the victim but also the victim's family and relatives and acquaintances. This holds true for the emotional as well as the financial consequences, and the effects can endure for years or even a lifetime. In the case of genocide, exposure to violence and abuse of power, the effects can be passed on from one generation to the next. Not only individuals but also communities and organizations can be victimized, leading to their deterioration over time as confidence ebbs, fear increases and the economic burden of victimization becomes insupportable. The effects of victimization strike particularly hard at the poor, the powerless, the disabled and the socially isolated. Secondary victimization refers to the victimization that occurs not as a direct result of the criminal act, the violation,  but through the response of institutions and individuals to the victims.Secondary victimization through the process of criminal justice may occur because of difficulties in balancing the rights of the victim against the rights of the offender. More normally, however, it occurs because those responsible for ordering justice processes and procedures do so without taking into account the perspective of the victim. The attitude of individuals is also important. Some people with whom the victim has contact may wish to distance themselves from the distress of the violation by blaming the victim for what has occurred. Victims of abuse of power have particular difficulty in gaining recognition of the fact that they have been victimized. The essence of abuse of power is that it is committed by those who should be expected to protect the population. The shock and loneliness of victimization can be much greater for these victims. When a victim reports an offence or other victimizing event, to the police or public prosecution, this starts a process that is intended to ascertain whether or not the report of the victim is valid. The process can be a long and difficult one and from the legal point of view the victim is only a putative or alleged victim. In addition to recognition of and respect for victims, there is further consideration of the protection of their safety and privacy. The The suspect, or others acting on behalf of the suspect, may seek to intimidate the victim in order to prevent him or her from seeking justice, or may harass the victim in retaliation for having reported the matter to the authorities.  Special provision should be made to protect vulnerable victims. Secondary victimization also arises when details of the case are reported in the media. Several jurisdictions have sought to protect victim privacy and confidentiality by restraicting reporting. Victims of abuse of power face added problems in that it is sometimes difficult to persuade state agencies that an offence has occurred and that the case should be pursued through the justice system. The fundamental problem in some forms of abuse of power, however, is that the offence is committed by an agent of the state and officials are unwilling to have the offence reported to them or to act upon it. The victim is not treated as a victim and is not able to participate in the justice system or obtain the services that he or she may need. Agencies concerned with abuse of power have concentrated their efforts on persuading authorities that instances of it should treated as the crimes they usually are. Some agencies use publicity as their main weapon for making officials, the public and the international community aware of the problem. Publicity can encourage witness to come forward and make victims feel that they are not isolated and forgotten. A major psychological consequence of victimization in many cases is that the victim no longer feels safe. Preventing repeat vicmization can be a powerful way not only to reduce overall victimization but also to speed the victims' psychological recovery. Many victim assistance programmes are involved in raising public awareness about victim issues and available services. Many programmes are designed to offer education about victim needs and appropriate and sensitive treatment are targeted at officials in the justice system. A major psychological consequence of criminal victimization in many cases is that the victim no longer feels safe. Preventing repeat victimization can be a powerful way not only to reduce overall victimization but also to speed the victim's psychological recovery. The dignity and healing of victims depends on the respect and assistance extended to them by the professionals and others who came into contact with them. Since the adoption of the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of power, important progress has been made in many nations to assist victims of crime and violation. Yet there are few nations where the Declaration has been fully implemented in a comprehensive and systematic way. In many cases, these reforms were the direct result of the efforts of NGOs to convince policy makers, offcials in law enforcement, justice systems and the public of their crucial importance to victims. Some organizations play a key role in the initiation, development and implementation of policies that empower victims of crime and violation. Currently, international exchanges of best practice play an increasingly important role in fostering victim policies. The World Society of Victimology provides a list of names and contact addresses for many of the persons involved in these organizations. The right of people to international protection is being increasingly recognized. It is now almost universally accepted that the safeguarding of human rights is the concern not only of individuals states but of the entire international community. This includes governments and intergovernmental organizations, as well as NGOs, which have been in the forefront of the defence of human and victims rights, the media, which have drawn world attention to ongoing abuses; and the public at large. The UN has a special responsibility and can provide the framework for concerted action, using all parts of the system, other international and regional antities, professional association, law institutions and broad-based support. Much can be done to contain victimization and suffering if the political will, the expertise and the vision are there.

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