from the perpetrators or unease with the attention that investigation may bring
on themselves, their families and their community. Lastly, national minorities’ lack
of representation in law-enforcement agencies and the judiciary can be a strong
disincentive against approaching the judicial system (see Recommendation 5), not
least because of the language barriers it can create and the lack of sensitivity to
cultural diversity it fosters.
The judicial system should treat minority victims in a way that empowers them
and facilitates their access to justice. By doing so, the State demonstrates its
commitment to the rule of law and to individual rights without discrimination. This,
in turn, will contribute to the integration of society and to conflict prevention. The
police service is often the first State institution that victims of crime visit (although
some victims may choose to contact the police through a State-sponsored free
help line, where available). At the moment they report a crime, victims may be
emotionally distressed, physically unwell, unsure about what course to follow and
in need of immediate assistance. In addition to initiating a criminal investigation,
law-enforcement agencies should assess the needs of the victim and identify
the protection measures required.47 They should also provide immediate support
and direct minority victims to other relevant institutions, including civil society
organizations, particularly those specialized in assisting persons belonging to
national minorities. Services should be provided indiscriminately to minority victims
in the immediate aftermath of a crime and for the duration of proceedings (and
perhaps beyond, if warranted), and could include medical care, psychological
counselling, material support, social care and legal assistance.
The Recommendations on Policing point out that “it is essential that police perform
these immediate victim support tasks effectively, both for the safety of the victim
and to maintain the victim’s confidence in the police. Police need to maintain this
confidence so that victims will be willing to provide information for the investigation
of their case, and also be willing to testify in court.”48 As they may be providing
testimony, law-enforcement agencies may also need to offer protection to minority
victims. Protection is also required when there is a threat to their safety due to
them coming forward to report a crime. In this context, States should adopt clear
standards regulating the disclosure to a third party of information received from or
relating to a victim.
47
48
See EU (2012) Directive 2012/29/EU on establishing minimum standards on the rights, support and
protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA.
HCNM (2006) Recommendations on Policing, explanatory note to Recommendation 20.
The Graz Recommendations on Access to Justice and National Minorities
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