Rights of Victims of Violent Crimes in Ukraine: International Standards and National Practices

Rights of Victims of Violent Crimes in Ukraine: International Standards and National Practices
Author: Vadym Chovgan
Publisher: Expert Center for Human Rights
Total Pages: 21
Release: 2021-01-03
Genre: Law
ISBN:

Progressive criminal justice systems are increasingly paying attention to the need to protect victims psychologically, physically, financially and legally. The so-called “victim-oriented approach” is becoming a popular tendency. This approach assumes that the victim, his/her protection and interests should be more prioritized in the criminal process. Such an approach requires balancing of this process taking into account victims’ interests, especially where the focus has been on the offender. In the post-Soviet countries, the retributive system still prevails: the key is the retribution to the offender and bringing him to justice. However, under such a system, victims of crime and their violated rights remain in the shadow. Ukrainian law contains a wide range of victims’ rights allowing them to actively participate in the investigation of crime and subsequent trial. However, in practice many of them remain a declaration. Moreover, the national criminal justice system sometimes not only does not restore violated rights, but also causes to victims repeated psychological trauma – secondary victimization. The very concept of protecting the victim from secondary victimization is unknown to the Ukrainian law and practice. Of all the offences, violent crimes have the most devastating consequences. The right to life and physical integrity is fundamental, and its violation has particularly serious consequences for victims, their relatives and society as a whole. Moreover, the process of investigating these crimes carries the high risk of secondary victim-isation1. It can cause moral suffering of victims who are forced to experience the negative psychological consequences of the crime over and over again2. The legal concept of violence has been constantly changing. At present, it covers not only physical but also psychological, economic, sexual and other violence. However, the Criminal Code of Ukraine does not contain a separate list of violent crimes. Therefore, for the purposes of this study, we analysed the state of protection of victims from the most typical violent crimes: premeditated murder (Article 115 of the Criminal Code); bodily injuries of all degrees (Articles 121, 122, 125 of the Criminal Code); domestic violence (Article 126-1 of the Criminal Code); rape (Article 152 of the Criminal Code), sexual violence (Article 153 of the Criminal Code); theft committed publicly and combined with violence (Part 2 of Article 186 of the Criminal Code); robbery (Article 187 of the Criminal Code). The number of victims of crime remains consistently high: 374 thousand in 2017, 345 thousand in 2018, 302 thousand in 2019. Of them have died as a consequence of crime 6.5 thousand (2017), 6.2 thousand (2018), 5.8 thousand (2019)3. The Ministry of Justice of Ukraine estimates that in 2018, the most serious intentional violent crimes in Ukraine caused death or bodily injuries to 24.4 thousand victims. In this context, the authors of the present study set themselves the goal to analyse in detail the existing legal framework on the rights of victims as well as the practice of its application. Further, our analysis will be carried out from the point of view of modern standards of victims’ rights, which are little known in Ukraine. First of all, we drew attention to the state of implementation of the European Union Directive establishing minimum standards on the rights, support and protection of victims of crime. This document is not binding for Ukraine, but it needs to be implemented in our country in terms of the European Union integration process. The Directive has become a powerful tool for protecting the rights of victims in the EU countries and it requires regular reporting by the EU member states on the status of its implementation. However, the standards provided by the Directive, in particular as regards protection against secondary victimization, are not yet reflected in the national legislation, despite the EU’s efforts to implement them in Ukraine. Moreover, these standards for the protection of victims’ rights have not been implemented, despite the fact that they are also contained in the Council of Europe on assistance to crime victims, and Ukraine is a member of this organisation7. The standards of protection of victims are comprehensive as they relate not only to the procedural aspects of the investigation and trial, but also to providing support to victims, such as psychological support. Therefore, our study focuses not only on the legal aspects of victims’ protection, but also on the mechanisms of support and protection of victims by the state. Another aspect that we will pay attention to is the compensation of victims for the damage caused by crimes. Ukraine has not yet established a mechanism to compensate victims of violent crimes, despite the signing and efforts to ratify the relevant Council of Europe convention. Thus, we will analyse the existing compensation practices in the context of lack of such a mechanism. The above-mentioned Council of Europe recommendation encourages States to promote and support research on the protection of victims. Among other things, such studies should focus on: – criminal victimisation and its impact on victims; – the effectiveness of legislative and other measures for the support and protection of victims of crime – both in criminal justice and in the community; – the effectiveness of intervention by criminal justice agencies and victim services (paragraph 17 of the Recommendation). We hope that our study adheres to these guidelines, and will be a fertile ground for further development of research in the sphere of protection of victims’ rights in Ukraine.

Support For Victims of War Crimes in Ukraine

Support For Victims of War Crimes in Ukraine
Author: Vadym Chovgan
Publisher: Vadym Chovgan
Total Pages: 100
Release: 2022-09-07
Genre: Political Science
ISBN:

The authors of this report were asked to scope and identify what impact the Ukrainian Civil Society Organisations (CSOs) could have in the war crimes space, namely assistance for victims, advocacy and public outreach, and what if any guidance the international NGOs could provide. The vibrancy of the Ukrainian CSOs is highlighted in the fact that over one hundred CSOs signed the Civil Society Manifesto (Lugano Declaration) in June 2022 as part of an agreement on common principles and a framework for the future. Wherever possible, the work of CSOs should complement that of the state mechanisms, ensuring that all evidence collected under the auspices of war crimes is admissible and the investigation process is not jeopardised. The needs of war crime survivors need to be better understood within the criminal justice system and the diverse work of CSOs needs to be better understood and coordinated to ensure best practice is achieved and maintained, and coordination improved. The extent to which a stigma attached to CRSV victims by society exists needs to be understood and, if present reduced, and women’s rights groups must be strengthened along with awareness campaigns of health care, legal services and public outreach. Pertinent to this report is the fact that there are many different themes and focuses in war crimes, for example, documentation, investigation, legal, perpetrators of war crimes, support of victims of war crimes and CRSV, their families and survivors, and also different types of war crimes, e.g., CRSV, forced displacement of people and children, cultural heritage destruction, etc. In conducting this report, in such a short space of time efforts were made to widen the gamut beyond investigations solely with a view to providing a report that includes: 1. A situation report of the key CSO players and stakeholders currently engaged in War Crimes investigations through to trial process. 2. An overview of the impact of CRSV on victims and witnesses in Ukraine, a clear assessment of the needs of those impacted by CRSV, and whether those needs are being sufficiently met 3. Identification of the key gaps and requirements to support victims and witnesses of war crimes in Ukraine 4. A range of practical support and interventions that would add value to the combined efforts for HMG to consider. The Inception Phase included desk-based research and interviews with Ukrainian and international actors operating in the areas of victim support (rather than accountability and investigations) including, but not limited to: · Victim and Witness services · Non-Government Organisations · Civil Society Organisations · Defence Lawyers (who are representing victims and families) · Media outlets and sources · Police and War Crime Investigators (re victim and witness handling) · Office of the Prosecutor General (and Public Prosecutors) responsible for victim support · Judiciary (for oversight of witness interaction) National subject matter experts Vadym Chovgan and Eugene Krapyvin conducted real time, in-country engagement in conjunction with Optima’s Rule of Law expertise and experience to analyse the findings and identify practical interventions that provide both operational and diplomatic benefits. This was done through: 1. Stakeholder Analysis Produced through research and open-source intelligence, focused interviews, questionnaires, literature review and media search, the stakeholder analysis has identified a number of the key players and the headlines of who is doing what, where they are doing it, what the current scale of their activities, what is their plan for growth, what’s the demand and what’s stopping them from meeting that demand. 2. Best Practice Analysis The Best Practice Analysis has provided examples of Ukrainian and International best practice as well as highlighted the most significant challenges in Ukraine. International examples of best practice have been taken from a number of conflicts including Rwanda, Yugoslavia and Iraq. 3. Gap Analysis and recommendations The Gap Analysis has drawn together the information from the Stakeholder Analysis and the Best Practice Analysis to provide an overview of who’s doing what, where and where there are gaps.

Justice for Victims of Violent Crime

Justice for Victims of Violent Crime
Author:
Publisher:
Total Pages: 47
Release: 2019
Genre:
ISBN: 9789294743411

Victims of violent crime have various rights, including to protection and to access justice. But how are these rights playing out in practice? Are victims of violent crime properly seen, informed, empowered and heard? Do they tend to feel that justice has been done? Our four-part report series takes a closer look at these questions, based on interviews with victims, people working for victim support organisations, police officers, attorneys, prosecutors and judges. This report - Part I - sketches out the development of victims’ rights in Europe, and outlines the human rights standards that apply today. Taken together, the four reports reveal a wide gap between the law ‘on the books’ and the law in practice, showing that many victims still feel marginalised. We hope this series encourages policymakers to take steps to ensure that victims of violent crime receive the attention, support and consideration to which they are entitled.

International Crimes in National Regulations of Selected States

International Crimes in National Regulations of Selected States
Author: Patrycja Grzebyk
Publisher: Wydawnictwo Instytutu Wymiaru Sprawiedliwości
Total Pages: 286
Release:
Genre: Law
ISBN: 8367149254

The analysis of national systems shows that states do not follow a single legislative model to govern criminal responsibility for international crimes at the national level, and often face doubts as to how far they are only expected to copy international constructions, and how far they should modify treaty or customary international law solutions to adapt them to their specific needs or legal culture. In the presented texts, the reader will find a range of commentaries on the definition of crimes, the rules of jurisdiction, the rules of responsibility, as well as difficulties in the framing of specific crimes within a judgement. The texts refer to the practice of national courts as well as international and internationalized courts. The authors of this publication hope that showing various national perspectives, political and – at times – cultural impacts on certain legal solutions will both facilitate understanding of the doubts as to the current form of international law norms and the system of international justice now in operation, and enable learning lessons for the future directions of amendments to national legislations, so that errors or difficulties once encountered in some countries could be turned into more robust legal constructions in others.

Global Study on Homicide 2013

Global Study on Homicide 2013
Author: United Nations
Publisher: UN
Total Pages: 277
Release: 2014-06-15
Genre: Political Science
ISBN: 9789211482720

The Global Study on Homicide 2013 is based on comprehensive data from more than 200 countries/territories, and examines and analyses patterns and trends in homicide at the global, regional, national and sub-national levels. Such analysis is fundamental to understanding the various factors and dynamics that drive homicide, so that measures can be developed to reduce violent crime. The Study provides a typology of homicide, including homicide related to crime, coexistence-related homicide, and socio-political homicide. The nature of crime in several countries emerging from conflict, the role of various mechanisms in killing, and the response of the criminal justice system to homicide are also analyzed. A further chapter examines homicide at the sub-national level, and includes analysis at the city-level for selected global cities.

World Report 2019

World Report 2019
Author: Human Rights Watch
Publisher: Seven Stories Press
Total Pages: 957
Release: 2019-02-05
Genre: Political Science
ISBN: 1609808851

The best country-by-country assessment of human rights. The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. Reflecting extensive investigative work undertaken by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.