Victims Rights in South Africa

Saskia Kuiper

A major concern within our community is that many of the members are not sure of exactly what their rights are both as witnesses and as victims of crime. “It's a good idea and a good initiative," says researcher and activist against gender violence Lisa Vetten. "It is also important to keep the dialogue and partnership open and engage with people.”I think a practical document that sets out rights is useful, but my concern is implementation," Vetten adds. She says the Minimum Standards on Service for Victims of Crime needs to be more specific to allow victims to know what they can request and the police to know what is required of them.

This sums up the main problem our community is facing and so we hope, through the effective implementation and of civilian rights to fix this issue.

The aim of The Victim Rights Charter is to:

• Eliminate secondary victimisation in the criminal justice process

• Ensure victims remain central to the criminal justice process

• Clarify the service standards that can be expected by and are to be accorded to victims whenever they come into contact with the criminal justice system

• Make provision for victims recourse when standards are not met

Your rights as a victim of crime are:

• The right to be treated with fairness and with respect for dignity and privacy

o You have the right to be attended to promptly and courteously, treated with respect for your dignity and privacy by all members of any department, institution, agency or organisation dealing with or providing a service to you

o The police (during investigations), the prosecutors and court officials (during preparation for and during the trial proceedings), and all other service providers will take measures to minimise any inconvenience to you by, among others, conducting interviews with you in your language of choice and in private, if necessary

o These measures will prevent that you are being subjected to secondary victimisation

• The right to offer information:

o You have the right to offer information during the criminal investigation and trial.

o The police, prosecutor and correctional services official will take measures to ensure that any contribution that you wish to make to the investigation, prosecution and parole hearing is heard and considered when deciding on whether to proceed with the investigation, or in the course of the prosecution or Parole Board hearing.

o This means that you can participate (if necessary/possible) in criminal justice proceedings, by attending the bail hearing, the trial, sentencing proceedings and/or Parole Board hearing.

o It means that you will have the opportunity to make a further statement to the police if you realise that your first statement is incomplete. You may also, where appropriate, make a statement to the court or give evidence during the sentencing proceedings to bring the impact of the crime to the courts attention.

o You may make a written application to the Chairperson of the Parole Board to attend the parole hearing and submit a written input.

• The right to receive information:

o You have the right to be informed of your rights and how to exercise them.

o You can, as part of this right, ask for explanations in your own language of anything you do not understand.

o You have the right to receive information and to be informed of all relevant services available to you by service providers

o You will be informed of your role in the case and of the approximate duration of the case. You can request in formation regarding court dates, witness fees and the witness protection programme.

o You can request to be informed of the status of the case, whether or not the offender has been arrested, charges, granted bail, indicted, convicted or sentenced.

o You are entitled to receive documents that the law entitles you to have access to.

o You can request a notification of proceedings which you may want to attend

o You can request the prosecutor to notify your employer of any proceedings that necessitate your absence from work.

• The right to protection:

o You have the right to be free from intimidation, harassment, fear, tampering, bribery, corruption and abuse. If you are a witness, you must report any such threats to the police or senior state prosecutor.

o The police will, if you comply with certain requirements apply for you to be placed in a witness protection programme. You will be protected, as far as possible, from all forms of undue influence, harassment or intimidation.

o This will ensure your safety as a witness and the availability of your testimony, and prevent you from withdrawing from giving evidence as a result of undue influence.

o 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.

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

• The right to assistance:

o You have the right to request assistance and have access to available social, health and counselling services, as well as legal assistance which is responsive to your needs.

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

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

o 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.

o 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.



• The right to compensation

o "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.

o You have the right to compensation for loss of or damage to property suffered as a result of a crime.

o 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.

o 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.

o 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.)

• The right to restitution:

o "Restitution" refers to cases where the court, after conviction, orders the accused to return or repair the property or goods.

o You have the right to restitution in cases where you have been unlawfully dispossessed of goods or property or where your goods or property have been unlawfully damaged or taken from you.

o The prosecutor will inform you what restitution involves and the clerk of the court will assist you in enforcing this right