SERVICE CHARTER AND MINIMUM STANDARDS FOR VICTIMS OF CRIME IN SA

Briefing information for HOD – 5 September 2007

The Cabinet approved the Service Charter for Victims of Crime in December 2004. It consolidates the current legal framework on the rights of victims of crime and the services to be provided to them.

The Charter aims to ensure that victims remain central to the criminal justice process in South Africa, to eliminate "secondary victimisation" from this process, to clarify the standards of service to be accorded victims by the criminal justice system - and to provide for recourse when these standards are not met.

(The National Department of Social Development has just confirmed that the official training of provincial officials will be conducted during October 2007 on the Social Development’s role for the implementation of the Service Charter.)

MINIMUM STANDARDS ON SERVICES FOR VICTIMS OF CRIME

The complementary Minimum Standards on Service for Victims of Crime aims to explain the rights contained in the Victims' Charter further, and to help make these rights a reality - by giving detailed information to enable victims to exercise their rights and service providers to uphold them.

The Charter states that, if you are a victim of crime, you have the following rights, in terms of the law and the Constitution, in your contact with the authorities - including the police, court officials, and members of any government body dealing with or providing a service to you. This document will highlight the duties and responsibilities of Social Service Providers in relation to the 7 rights as spelt out in the Minimum Standards. 1. THE RIGHT TO BE TREATED WITH FAIRNESS AND RESPECT FOR DIGNITY AND PRIVACY This includes the right to be attended to promptly and courteously, and treated with respect for your dignity and privacy. As part of this, the authorities are to take steps to minimise inconvenience to you - among other things, by conducting interviews with you in your language of choice and in private, if necessary. Social service providers and volunteers will

• Ensure that you are interviewed in private, conversation treated as confidential and in language that client understands.

• Victims will not be left to deal with the case on your own. If you have not yet reported the case to the police, the social service provider will help you to report the case; and if you have been a victim of a sexual offence, the police may need your clothing as evidence, in which case you may ask the social service provider to assist you in obtaining alternative clothing

2. THE RIGHT TO OFFER INFORMATION DURING THE CRIMINAL INVESTIGATION AND TRIAL The authorities must ensure that any contribution that you wish to make to an investigation, prosecution or parole hearing is heard and taken into account in the making of decisions. This means you have the right to: Social service providers will - if necessary, interview victims and if obtaining medical evidence is relevant to the case, make arrangements for a medical examination; and as far as possible, maintain continuity by ensuring that the same social service provider or volunteer work with victims from the time of reporting the crime to the finalisation of the case. 3. THE RIGHT TO RECEIVE INFORMATION You have the right to be informed of:

Victim support or social service providers will -

• Explain rights and the procedures that are to follow; on request, assist victims to track the case through the system;

• if possible, accompany victims to court prior to the trial to familiarise them with the courtroom and its surroundings; and offer you support and counselling or refer them to professional counselling and support services

4. THE RIGHT TO PROTECTION You have the right to be free from intimidation, harassment, tampering, bribery, corruption and abuse. With this right comes a responsibility: anyone who witnesses such threats must report them to the police or senior state prosecutor. Social Service providers will:

• take steps to ensure that you or your family are not at risk or in danger. As part of this right:

• In certain circumstances, the court may prohibit the publication of any information (including your identity), or may order that the trial be held behind closed doors.

• The police will, if you comply with certain requirements, apply for you to be placed in a witness protection programme.

• You can request Correctional Services to inform you if the offender has escaped or been transferred.

5. THE RIGHT TO ASSISTANCE You have the right to request assistance and, where relevant, have access to available social, health and counselling services, as well as legal assistance which is responsive to your needs. Social service providers will, where possible and available -

• Provide counselling and practical support assist victims by making available the services of social service providers or probation officers;

• And provide – a. help in contacting family or friends b. assistance if victims have symptoms of posttraumatic stress

• an explanation of the process that will be followed • help in communicating with the SA Police Service and the prosecutor • referral to a professional counseling service if traumatic response is profound access to

information and services, in particular in places where the available services extend to ‘Court Support’, including helping victims to understand the court process; explaining to them what will happen in court if they are called as a witness; describing to them who will be in court and what role they will play, as well as assisting victims in finding the court; and preparing them to give evidence in court and promoting consultation with the prosecutor.

As part of this:

• The police will assist you by explaining police procedures, informing you of your rights, and making the appropriate referral to other relevant service providers.

• The office manager or head of office at the court will provide for the services of an interpreter.

• The prosecutor will ensure that special measures are employed in relation to sexual offences, domestic violence and child support or maintenance matters, and that, where available, such cases are heard in specialised courts.

• If you have special needs, the authorities will take all reasonable steps to accommodate you and ensure that you are treated in a sensitive manner.

6. THE RIGHT TO COMPENSATION You have the right to compensation for loss of or damage to property suffered as a result of a crime. "Compensation" means an amount of money that a criminal court awards a victim who has suffered loss or damage to property, including money, as a result of a crime. As part of this:

• You can request to be present at court on the date of sentencing of the accused and request the prosecutor to apply to court for a compensation order.

• The prosecutor will inform you if a compensation order has been granted, explain its contents and how to enforce it. The clerk of the court will assist you in enforcing it.

• You can institute a civil action against the accused if a criminal court does not grant a compensation order. (This usually happens where the damages are not easily quantifiable in financial terms, for example, in the case pain and suffering.)

7. THE RIGHT TO RESTITUTION You have the right to restitution in cases where goods or property have been unlawfully damaged or taken from you. "Restitution" refers to cases where the court, after conviction, orders the accused to return or repair the property or goods. The prosecutor will inform you what restitution involves and the clerk of the court will assist you in enforcing this right. Complaints If victims have any complaints about the service they’re getting, or if your rights are not being observed, victims should contact the government department or service provider concerned. The following institutions/bodies can also be contact:

• The Public Protector • The Human Rights Commission • The Commission on Gender Equality • The Independent Complaints Directorate • The Health Professions Council of SA • Council for Social Service Professions • Metropolitan Police Offices • A lawyers of your own at your own expense

SECONDARY VICTIMISATION Secondary victimisation is a key concept in understanding the Service Charter for Victims. Examples of secondary victimization, within the criminal justice system include: Government Department Secondary victimization of victims Department of Justice Court personnel

Delay in court dates Court personnel not sympathetic to victims – not being patient when victims make mistakes due to unfamiliarity with court proceedings: for example speaking out during proceedings

Board of Sheriffs

Implementation of Domestic Violence Act - Not serving interdicts Sheriffs attaching and removing items such as food, beds, clothing

Department of Health Doctors, District surgeon and Nurses examining victim without introductions and

explaining procedure Conducting examination in cold and brash manner Complaining to victim about being called out late at night to do examination Not wanting to conduct examination because the victim appears intoxicated

Department of Social Development Social Service professionals not attending to victims timeously promptly and courteously. Limited and often no assistance to family members and significant other members of the family. Not providing victims with an Individual Development Plan that is linked to a Care Plan. The Care Plan should include long term arrangements to deal with the situation effectively

South African Police Services ‘Loyalty’ among police officers in dealing with

colleagues where there is domestic violence – not wanting to get involved Police not responding on time to call to attend to scene of crime Limited assistance by police in assisting with completion of J88 forms (is there compliance with Duties of police as set out in the Domestic Violence Act 1999)