Irvin Waller

1) 'Victims' means natural persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering or economic loss or violations of fundamental rights in relation to victimizations identified under 'scope'.

(2) A person is a victim regardless of whether a perpetrator is identified, apprehended, prosecuted or convicted and regardless of the familial relationship between the perpetrator and the victim. The term 'victims' also includes, where appropriate, the immediate family or dependants of the direct victims and persons who have suffered in intervening to assist victims in distress or to prevent victimization.

(3) A 'witness' is a person who could be called to a court or other appropriate forum to provide testimony.

(4) An 'expert' is a person who by virtue of specialized training, particularly knowledge or experience assists the legal system.

Article 2

Scope

This law covers natural persons who are victimized by acts or omissions that:

(a) are violations of criminal laws adopted by the Government or the criminal provisions of an applicable convention, including criminal abuse of power;

Article 3

General application

(1) The Government should ensure that the provisions contained herein shall be applicable to all, without discrimination of any kind, such as race, color, gender, age, language, religion, nationality, political or other opinion, cultural beliefs or practices, property, birth or family status, ethnic or social origin, and disability. This will be without prejudice to providing special justice and support best suited to victims who are particularly vulnerable because of age, gender, disability or other characteristics mentioned.

(2) The Government shall ensure that all officials and other persons dealing with victims treat them with courtesy, compassion, cultural sensitivity, and respect for their rights and dignity.

Article 4

Commitment to reduce victimization

The Government shall commit to provide both justice and support for victims and to reduce victimization consistent with international guidelines by, inter alia, developing:

(a) more effective detection, prosecution, sentencing and corrections of perpetrators, consistent with internationally recognized norms;

(b) measures to reduce the risk of occurrence of crimes by tackling their multiple causes;

(c) strategies to reduce the opportunity for crime by improving protection for property and persons;

(d) collaboration between civil society and relevant governmental institutions, in areas such as schooling, social services, family, public health and economic sectors;

(e) institutional frameworks to improve the planning, cost effectiveness and sustainability of strategies;

(f) greater public participation in, and engagement with, strategies in both the short and the long term;

(g) international cooperation to exchange proven and promising practices and seek trans-national solutions.

PART II- RIGHTS AND DUTIES

Article 5

Access to justice and fair treatment

(1) For harm suffered, the Government shall provide victims with access to the mechanisms of justice and redress which is expeditious, fair, inexpensive and accessible, as provided for by domestic legislation, through:

(a) judicial and administrative mechanisms which will enable victims to obtain redress;

(b) informal mechanisms for the resolution of disputes, including mediation, arbitration, and customary justice processes or indigenous practices, where appropriate, to facilitate conciliation and redress for victims;

(c) information about their rights in seeking redress through all these mechanisms.

(2) The Government shall ensure that the informal, administrative and judicial processes are responsive to the needs of victims. This should be facilitated by:

(a) giving the victim a fair hearing within a reasonable time in the determination of their entitlement to a remedy for the injury, loss or damage suffered by them as a result of their victimization without prejudice to the accused;

(b) allowing the views and concerns of victims to be presented and considered at appropriate stages of proceedings where their personal interests are affected, without prejudice to the accused and consistent with the relevant domestic criminal justice system;

(c) allowing victims to present their views and concerns themselves through legal or other representatives without prejudice to the discretion of the court, tribunal or other appropriate authority, and in consonance with the relevant domestic criminal justice system;

(d) the prompt return to victims of their property taken or recovered by the police or any other agency in the course of the investigation;

(e) providing to victims, where appropriate, the right of appeal against decisions of the prosecutorial authority not to prosecute in cases where they were victimized;

(f) providing proper assistance to victims throughout informal, administrative, investigative and judicial processes;

(g) taking measures to minimize inconvenience to victims and protect their privacy wherever appropriate;

(h) ensuring the safety of victims, as well as that of their families and witnesses on their behalf, from intimidation and retaliation;

(i) avoiding unnecessary delay in the disposition of cases and the execution of orders or decrees granting awards to victims;

(j) ensuring the enforcement of any order or decree granting awards to victims.

(3) The Government should seek to reimburse victims and witnesses who have the status of parties for court expenses incurred as a result of their legitimate participation in criminal proceedings.

Article 6

Protection of victims, witnesses and experts

(1) The Government shall take appropriate measures in accordance with its domestic legal system to protect the safety, physical and psychological well-being, dignity and privacy of victims, witnesses and experts from potential retaliation or intimidation and, as appropriate, for their relatives and other persons close to them.

(2) The measures envisaged in paragraph 1 of this article may include:

(a) establishing procedures for the physical protection of such persons, such as, to the extent necessary and feasible, relocating them and permitting, where appropriate, non-disclosure or limitations on the disclosure of information concerning the identity and whereabouts of such persons;

(b) providing evidentiary rules to permit victims, witnesses and experts to give testimony in a manner that ensures the safety of such persons, such as permitting testimony to be given through the use of communications technology such as video or other appropriate means;

(c) agreements or arrangements with other Government for the relocation of persons.

Article 7

Information

(1) The Government shall ensure that victims have an enforceable right to information, and must be informed of this, from their first contact with law enforcement or other agencies. The Government shall ensure that victims receive general information in the most expeditious and efficient method appropriate to the culture such as through oral or written communication with concern for literacy and literary traditions. Specific information should be given person to person. Such information should facilitate an informed understanding for the victims and shall be at least as follows:

(a) the type of services or organizations to which they can turn for support;

(b) the type of support which they can obtain, including the availability of health and social services and other relevant assistance;

(c) where and how they can report an offence;

(d) procedures following such a report and their role in connection with such procedures;

(e) their role and the scope, timing and progress of the proceedings and of the disposition of their cases, especially where serious crimes are involved and where they have requested such information;

(f) how and under what conditions they can obtain protection;

(g) to what extent and on what terms they have access to legal advice or legal aid;

(h) requirements for them to be entitled to compensation;

(i) if they are resident in another State, any special arrangements available to them in order to protect their interests;

(j) where and how the victims could obtain more information.

(2) The Government shall ensure that victims who have expressed a wish to this effect are kept informed of:

(a) the outcome of their complaint;

(b) relevant factors enabling them, in the event of prosecution, to know the conduct of the proceedings regarding the person prosecuted for offences concerning them, except in exceptional cases where the proper handling of the case may be adversely affected;

(c) the court's sentence.

(3) The Government shall take the necessary measures to ensure that the victim is notified, at least in cases where there might be danger to the victims, when the person prosecuted or sentenced for an offence is released.

(4) In so far as the Government forwards on its own initiative the information referred to in paragraphs 2 and 3, it must ensure that victims have the right not to receive it, unless communication thereof is compulsory under the terms of the relevant criminal proceedings.

Article 8

Assistance

(1) The Government should provide the necessary material, medical, psychological and social assistance to victims through government, voluntary, community-based and indigenous means. Such assistance may be provided through any agencies or comprehensive programs that are appropriate under domestic laws or norms.

(2) The Government should be encouraged to develop networks of criminal justice, social services, health and mental health services, victim assistance services and other relevant groups or institutions in order to facilitate referrals, coordination and planning among those providing assistance.

(3) The Government should encourage the establishment of local and regional victim assistance centers to coordinate networks, develop and make referrals, and provide outreach to victims and direct services where appropriate.

(4) The Government should facilitate the referral of victims by the police and other relevant agencies to victim assistance centers or other service institutions.

(5) The Government should seek to establish the following kinds of assistance to victims:

A. Immediate Assistance:

(a) medical attention and accompaniment to medical exams, including first aid, emergency medical attention and medical transport. Support services should be provided to victims when forensic examinations are called for or in the aftermath of death;

(b) material support such as shelter, housing, transportation, or property repair;

(c) crisis intervention, involving crisis counseling and problem solving;

(d) information and notification about what happened to the extent that such information does not interfere with investigation, including notification of any immediate responsibilities to the criminal justice system. Assistance should be offered in notifying family or friends of what happened;

(e) protection from repeat victimization should be provided through the development of safety and security plans. This may include information on police surveillance, relocation, emergency communication and the like. It may also involve assistance with obtaining protection orders through the judicial system;

(f) victims should be protected from media intrusion;

(g) general support and advocacy should be offered when victims interact with social, justice and medical institutions as well as appropriate referrals for urgent needs;

(h) confidentiality and privacy should be guaranteed to the extent allowable under current law and policy.

B. Medium term Assistance:

(a) the continuation of the services provided under A 'Immediate Assistance';

(b) psychological health and spiritual interventions that may include post-trauma counseling, mental health therapy, pastoral counseling, or traditional healing intercessions;

(c) assistance with financial needs or claims including filing and advocacy for compensation claims, restitution, insurance, or emergency funds.

(d) legal referrals should be provided for legal assistance in the criminal or civil justice systems. To the extent possible such legal assistance should be free.

C. Long term Assistance:

(a) the continuation of the services provided under A 'Immediate Assistance' and B 'Medium Assistance';

(b) assurances and re-establishment of the victim's place in the community and in the workplace should be encouraged;

(c) language understood by victims should be encouraged. If translators are needed, they should be trained in the subject matter that they are addressing and victim support personnel should be familiar with common terms that will be used;

(d) assistance with regard to victims' roles in the criminal justice system, including the nature of information they will receive on case status and their rights to participation or representation;

(e) information and assistance should be provided on how victims can provide input at all critical stages of criminal justice proceedings, including: bail hearings, initial hearings, plea bargains, diversion programs, case disposition, offender status post disposition and offender releases;

(f) information, support and assistance concerning options for participation in alternative justice forums should be provided.

Article 9

Restorative justice

(1) The Government should endeavor to establish or enhance the systems of restorative justice, which shall seek as a priority to restore the victim. Governments should emphasize the need for acceptance by the offender of his or her responsibility for the offence and the acknowledgement of the adverse consequences of the offence for the victim.

(2) The Government shall ensure that victims shall have the opportunity to choose restorative justice forums under domestic laws, which accord to victims' dignity, compassion and similar rights and services to those described in this convention.

Article 10

Restitution

(1) The Government should legislate to make offenders or third parties responsible for paying fair restitution to victims, their families or dependants. Such restitution should include the return of property or payment for the harm or loss suffered, reimbursement of expenses incurred as a result of the victimization, the provision of services and the restoration of rights.

(2) The Government should review their practices, regulations, laws and their constitution to ensure that restitution is an available option in criminal cases.

(3) In cases of environmental crime, the Government should legislate to include restitution to restore the environment, reconstruction of the infrastructure, replacement of community facilities and reimbursement of the expenses of relocation, whenever such harm results in the dislocation of the community.

(4) Where public officials or other agents acting in an official or quasi-official capacity have violated domestic criminal laws, the Government should legislate to provide restitution to victims from the State whose officials or agents were responsible for the harm inflicted. In cases where the Government under whose authority the victimizing act or omission occurs is no longer in existence, the State or Government successor in title should provide restitution to the victims.

(5) When there is a court order of restitution, the Government shall be responsible for enforcing the order.

(6) In cases where the offender is under the legal obligation to pay restitution as well as other pecuniary sanctions, the former shall have precedence over the latter.

(7) In cases where the victim seeks restitution through civil remedies, States should endeavor to expedite these proceedings and minimize expenses.

Article 11

Compensation

(1) When compensation is not fully available from the offender or other sources, the Government should endeavor to provide compensation to:

(a) victims who have sustained significant bodily injury or impairment of physical or mental health as a result of intentional violent crime;

(b) the victims' family, in particular dependants of persons who have died or become physically or mentally incapacitated as a result of such victimization.

(2) Compensation should be provided for:

(a) treatment and rehabilition for physical injuries;

(b) pain and suffering and other psychological injuries caused to victims;

(c) States should also consider compensation for loss of income, funeral expenses and loss of maintenance for dependants.

(3) The establishment, strengthening and expansion of national, regional or local funds for compensation to victims should be encouraged. The Government may consider providing funds through general revenue, special taxes, fines, private contributions, and other sources.

(4) These funds should guarantee fair, appropriate and timely compensation. They should also allow for emergency and/or interim payments. Special care should be taken to make the funds accessible. This requires, inter alia, extensive dissemination of information on the eligibility criteria and the procedure to be followed. States should also consider other means to raise public awareness of the existence of these funds.

(5) Where appropriate, other funds may also be established for this purpose, including in those cases where the Government of which the victim is a national is not in a position to compensate the victim for the harm.

(6) In cases of cross border victimization, the State where the crime has occurred should pay compensation to the foreign national, subject to the principle of reciprocity.

PART III- IMPLEMENTATION, MONITORING AND COOPERATION

Article 12

Implementation

(1) The Government shall take appropriate measures to:

(a) bring into force the laws, regulations and administrative provisions necessary for the implementation of this model law;

(b) establish and enhance such institutions and mechanisms as may be necessary for the achievement of the objective of this law model;

(c) ensure the establishment and/or enhancement of appropriate procedures, which are victim-friendly and which must be adhered to.

(2) The Government shall ensure that personnel dealing with victims and witnesses make every effort to adopt an interdisciplinary and cooperative approach in aiding them. This approach may include protocols for the different stages of the justice process to encourage cooperation among entities that provide services to victims and witnesses.

(3) The Government shall ensure the building of partnerships among local, national and international stakeholders, including intergovernmental and non-governmental organizations, civil society as well as the private sector in the implementation process. To this end, all stakeholders shall be encouraged to contribute to the resources required for implementation.

(4) The Government shall foster, develop and improve international cooperation in order to:

(a) facilitate the more effective protection of victims' interests in informal, administrative or judicial proceedings;

(b) promote mutual assistance for the purpose of facilitating collection and exchange of information and the detection, investigation and prosecution of crimes.

(5) The Government shall provide adequate training, education and information to all persons working with victims and witnesses with a view to improving and sustaining specialized methods, approaches and attitudes in order to protect and deal effectively and sensitively with victims and witnesses. This training should include:

(a) standards, norms and principles relating to victims;

(b) principles and ethical duties of personnel dealing with victims;

(c) crisis assessment skills and techniques, especially for making referrals, with an emphasis placed on the need for confidentiality;

(d) impact, consequences, including negative physical, mental, emotional, psychological and financial effects, and trauma of crimes;

(e) special measures and techniques to assist victims and witnesses in the justice process (both formal and informal);

(f) cross-cultural and age-related linguistic, religious, social and gender issues;

(g) appropriate communication skills;

(h) interviewing and assessment techniques that minimize any trauma to the victims while maximizing the quality of information received from the victim;

(i) skills to deal with victims and witnesses in a sensitive, understanding, constructive and reassuring manner;

(j) methods to protect and present evidence and to question victims and witnesses;

(k) roles of, and methods used by, personnel working with victims and witnesses.

(6) The Government shall ensure that adequate sensitization be provided to:

(a) victims in order to enable them to be empowered to seek assistance from appropriate quarters so as to able to receive justice, support and assistance in respect of their victimization;

(b) members of the public in order to enable them to understand the reasons for provision of justice, support and assistance to victims to be able to become more committed to victim assistance.

(7) The Government shall foster, develop and improve cooperation between States in order to facilitate the more effective implementation of the provisions contained in this Convention in order to facilitate the more effective protection of victims´ interests in criminal proceedings, whether in the form of network directly linked to the judicial system or of links between organizations which provide support to victims.

Article 13

Monitoring

(1) The Government shall take appropriate measures to monitor the efficiency and effectiveness of policies and measures designed for the implementation of this convention. In particular, they shall undertake periodical review and evaluation of their legislation, regulations and procedures, including through research.

(2) The Government shall ensure that the various agencies, organs or bodies dealing with victims shall submit periodical reports to an appropriate authority within their domestic jurisdiction designated for this purpose.