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III. International Consensus on Crime Victims’ Rights and Interests

Upon the recommendation of the UN Economic and Social Council in 1993, the UN secretary general surveyed governments, of which 44 responded,19 and produced a report on governmental use of and adherence to the Basic Principles for Victims.20 The United States did not respond to the survey. The main findings of the secretary general can be summarized in the following chart:

Right of a Crime Victim to

Government (“State”) Responses

Claim a remedy

Thirty-eight states made it mandatory for victims to be able to claim a remedy in all cases. In four states it was mandatory only in specific cases, and in two states this was subject to the discretion of the government. In 32 states, victims did not have to pay to obtain redress. In nine additional states this policy was adhered to “usually.”

Restitution21

In all responding states, criminal offenders were bound to provide fair restitution to victims. For almost all states restitution included the return of property, payment for harm or loss suffered, and reimbursement of expenses incurred as a result of victimization.

Information

Half of the states responded that victims were informed of their right to claim a remedy on a mandatory basis. Two-thirds of the states reported that victims were informed of their role in judicial or administrative proceedings, and were informed of the timing and schedule of the process as well as the final disposition, particularly when victims had requested such information or when a serious violent crime was involved.

Participation

Thirty-three states always allowed the victims’ views to be presented at appropriate stages of the criminal proceedings where their personal interests were affected. More than 80 percent of the responding states noted that victims were able to present their concerns either in person or through an attorney or prosecutor.

Expeditious Procedures

Twenty-eight states indicated that redress occurred in less than one year. In 10 states, the average was two to three years. In three states—Australia, Ghana, and Haiti—obtaining redress might take three years or more.

Privacy and Safety

Sixty percent of responding states reported that measures were always or usually taken to protect the privacy of victims, as well as of their families and witnesses on their behalf, and to protect them from intimidation and retaliation. More than half of the responding states said that they endeavored to ensure the safety of victims and their families and witnesses.

Compensation22 and other forms of Assistance

For victims who did not get financial restitution from the offender, one-third of states filled this gap by providing financial compensation to the victim. In addition, victims received material assistance in 23 states, medical assistance in 33 states, psychological assistance in 21 states and social assistance in 33 states. In almost all states, assistance was provided to the victims to enable them to present their concerns throughout the legal process. The use of victims’ aid associations as a mechanism for providing assistance was reported by 11 governments.




19 The governments that responded are: Argentina, Australia, Barbados, Belgium, Canada, Chile, China, Colombia, Cuba, Cyprus, Denmark, Finland, France, Germany, Ghana, Greece, Haiti, Holy See, Japan, Jordan, Republic of Korea, Lebanon, Luxembourg, Mauritius, Mexico, Morocco, Myanmar, Netherlands, New Zealand, Oman, Peru, Philippines, Qatar, Romania, Russian Federation, San Marino, Singapore, South Africa, Spain, Sweden, Switzerland, Tonga, Ukraine, and Vanuatu.

20 UN Economic and Social Council, Commission on Crime Prevention and Criminal Justice, Report of the Secretary General on Use and Application of the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, E/CN.15/1996/16/Add.3, April 10, 1996, http://www.uncjin.org/Documents/5comm/16e.htm (accessed August 26, 2008).

21 See Chapter V:  “US Adherence to International Standards on the Rights and Interests of Crime Victims” below for a discussion of the definition of restitution.

22 See Chapter V: “US Adherence to International Standards on the Rights and Interests of Crime Victims” below for a discussion of the definition of compensation.