Offenders may now have several well-entrenched rights, but a growing number of surveys have revealed widespread dissatisfaction among their victims.

    More than 50 per cent of victims around the world are unhappy about the way police treat them, and many others end up severely traumatized by criminal justice systems, according to the International Crime Victims Survey (ICVS), which has been carried out in more than 60 countries over the past decade.

    "If the criminal justice systems of the world were private companies, they would all go out of business, because half of their main customers -that is, the victims of crime- are dissatisfied with their services", said Jan Van Dijk, Principal Officer of the United Nations Centre for International Crime Prevention and a key initiator of the ICVS.

   Victims interviewed by the ICVS most commonly stated that police "did not do enough" or "did not recover the goods". About 20 per cent said the police failed to keep them informed about progress in the case. Globally, one in five women victims of domestic violence or rape, and one in three in Latin America, said police were "incorrect" or "impolite".

   Mr. Van Dijk noted that the police attitude towards women in some Latin American and Asian countries was not "up to standard". "In Brazil, local politicians have opened exclusively female police stations to overcome this", he added.

   According to Human Rights Watch, police in some Asian countries routinely reject complaints of sexual violence and harass the victims. In one Asian nation, several law enforcers, including a police chief, insisted that women in most cases of alleged rape had agreed to the sexual act and then lied to incriminate their partners.

   Victims in industrialized nations were less dissatisfied with the police than in developing countries, but even there the percentage of unhappy victims reached 25 per cent, the ICVS found. Victims of contact crimes, including domestic violence and rape, were the least satisfied, with about 33 per cent of interviewees saying the police "did not do enough" and 24 per cent that police "were not interested".
 

Victims want say

Many crime victims complain that they are not allowed any say in key decisions made by the court, including those about sentencing and parole. In some cases, victims would treat offenders differently than the courts. For example, surveys have found that victims prefer community service orders -community work without pay- to imprisonment for repeat burglars.

   Often, victims are denied the right to tell the court in a so-called victim impact statement about any physical or emotional damage wrought by the offender. According to the National Organization for Victims' Assistance (NOVA) in the United States, these statements - which could also influence court decisions - may be routinely blocked even when they are guaranteed by law.

   NOVA reported the experience of a woman and her family who were injured by a drunk driver. After the defendant was charged with a felony, the woman told the prosecutor that she wanted to give a victim impact statement in open court, which was her right by law. The judge denied her request, citing his "busy docket".

   Another victim complained that without this statement her rights were unequal to those of the offender. "When my 16-year-old son was killed by a drunk driver, I wasn't allowed to give a victim impact statement or to tell the judge how the death of my child had affected our family. But the defendant brought a parade of witnesses on his behalf", she told NOVA.
 

Offenders backed by constitutions

Offenders' rights, which range from the right of counsel and a public trial to the right of appeal, are guaranteed by national constitutions and also included in international law. Victims' rights are cited in only one international instrument - the UN Declaration supporting justice for the victims of crime and abuse of power, which was adopted by the General Assembly in 1985.

   In the Declaration, nations agreed to draw up action plans to help victims gain better access to legal proceedings, fair treatment, restitution for damages and general assistance in legal proceedings. The document led to new laws in several nations as well as some local projects to boost victims' rights.
The United Nations Development Fund for Women (UNIFEM) has funded projects to help women victims of domestic and sexual violence in Latin America. For example, it is currently supporting a non-governmental organization in Venezuela called AVESA, which has been informing victims of their rights and also teaching police how they should respond to women victims.

   "This organization has not only become a pioneer in raising awareness about domestic and sexual violence and educating victims about their rights, but has taught police that they have an obligation to provide justice for women", said UNIFEM Human Rights Adviser Roxanna Carrillo.

   Despite these efforts, however, overall progress in victims' rights has been slow. Police and prosecutors in many nations still treat victims with disrespect, keep them in the dark about cases and make vital decisions without them. Unlike offenders, crime victims are rarely given free legal counsel.

   In an effort to refocus attention on the UN victims' Declaration, delegates at the United Nations Tenth Crime Congress in Vienna in April 2000 will be reviewing progress on national action plans to boost victims' rights. The Congress will particularly focus on better protection for victims in cases of organized crime.
 

Rights can conflict

A major problem with victims' rights is their potential to clash with those of offenders. The UN Declaration and national constitutional amendments stipulate that victims' rights must not interfere with the offender's right to a fair trial.

   "The most significant conflict (between offenders' and victims' rights) is that victims are exposed to repeated cross-examination in public about sensitive matters to satisfy the offender's right to a fair trial", said Mr. Van Dijk.

   Some nations have taken steps to protect victims from this kind of onslaught. The US Supreme Court, for example, recently decided not to reopen rape cases - on the grounds of new defence evidence- because this could inflict fresh trauma upon the victim.

   Victim impact statements are also highly controversial. Legal experts currently disagree about whether victims or their families should be allowed to influence the court by speaking frankly about physical or emotional damage to the judge or jury.

   Likewise, consensus is missing on whether victims should have any decisive say about pre-trial detention, plea bargaining, sentencing or parole for the offender. In some cases, the victim could be overly motivated by fear of retaliation or simple revenge, authorities say.

   In the United States, victims have campaigned for an amendment to the federal constitution that would allow them to attend and speak at all crucial stages of criminal proceedings. This would not compromise offenders' rights, but give victims' rights equal weight, they argue.

   Some nations have experimented with new methods that aim to satisfy both offenders and victims. In New Zealand, "restorative justice" tries to satisfy victims, offenders and their families by bringing them together in informal meetings to discuss the offence.

   The object of restorative justice is for offenders to compensate victims for damages, with the offender's family sharing responsibility. The method has been successful in juvenile cases, but how it would work with more serious crimes, such as murder or rape, is unclear.
 

New crimes, new victims

More recently, the entire rights issue has been complicated by an upsurge of less traditional crimes, which has brought with it new classes of victims.

   Such offences as large-scale consumer fraud, inflated prices, environmental pollution and rampant corruption victimize large groups of people, rather than individuals. Trafficking in illicit drugs, many forms of racketeering and fraud against the State have been called "victimless crimes".

   Even when the victims are clearly visible, such as those caught up in trafficking for sexual exploitation and forced labour, a new set of rights may be needed. Both victims and offenders may be trapped in foreign countries, stymied by language problems, cultural differences and other obstacles hindering their rights.
Trafficked women or migrant victims of smuggling rings may feel particularly threatened, since they could be treated as illegal prostitutes and/or immigrants and denied protection or other victims' services. Because of their illegal status, victims may be afraid to report any crimes against them to law enforcers.

   In some countries, legal authorities may give key witnesses immunity. This boosts the chances of a successful prosecution, which would itself deter illegal trafficking.

   Promising immunity may not be enough, however, for victims or witnesses of organized crime who fear retaliation if they testify. Some nations have set up witness protection programmes, which may offer new identities after the trial, but these are costly. Experimenting with less expensive methods, such as anonymous testimony, is urgently needed.

   Victims of organized crime should benefit from the proposed Convention against Transnational Organized Crime and its three protocols against trafficking in illicit firearms, migrants and human beings, especially women and children -to be submitted for adoption by the UN Millennium Assembly in 2000. The treaty includes measures to protect witnesses and victims (see Fact Sheet No.1).
 
Rights of offenders

Criminal justice systems around the world vary, but many include the following rights for offenders:

• The right not to be subject to arbitrary arrest, detention, search or seizure;
• The right to counsel;
• The presumption of innocence;
• The standard of proof (beyond reasonable doubt);
• The right to a public trial by an independent court;
• The right to test the prosecution evidence (e.g., to cross-examine witnesses);
• The right to give and call evidence;
• The right to appeal.

Rights of victims

The international community agreed in the 1985 UN victims' Declaration on the following rights for victims:

• The right to be treated with respect and recognition;
• The right to be referred to adequate support services;
• The right to receive information about the progress of the case;
• The right to be present and give input to the decision-making;
• The right to counsel;
• The right to protection of physical safety and privacy;
• The right of compensation, from both the offender and the State.

 

Published by the United Nations Department of Public Information
DPI/2088/AC February 2000