Effective remedies
Remedies available to journalists and their next of kin (paragraph 23 of the Guidelines)
Member States must ensure that effective and appropriate remedies are available to victims and, as relevant, to their families, including legal remedies, financial compensation, medical and psychological treatment, relocation and shelter. Remedies should take due account of cultural, ethnic, religious gender-related and other aspects. An ongoing or pending criminal prosecution should not preclude victims from seeking civil remedies.
Indicators
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Risks |
Measures to avert/remedy the risks |
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Insufficient remedies available for journalists and other media actors and or their families. |
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Reference texts and other relevant sources
Where attacks on journalists and other media actors have been committed, states should take steps to mitigate their impact, including by providing services such as free medical aid, psychological support and legal services, as well as assistance in relocating journalists and their families. States may also wish to establish/contribute to funds or other mechanisms that provide support to families of journalists who have been killed, including financial support, education grants, and medical[1] and psychological treatment. The Joint Declaration on Crimes against Freedom of Expression clarifies that if a conviction is handed down for a crime against freedom of expression, an adequate remedy should be provided to the victims, without the need for them to pursue independent legal action, including financial compensation, and a range of other measures to rehabilitate the victims.
[1] Report of the Office of the United Nations High Commissioner for Human Rights on “The safety of journalists”, A/HRC/24/23, 01/07/2013, para 66.
Valuable practices and initiatives which provide guidance in this area
- Under the EU Directive 2012/29 on “Establishing minimum standards on the rights, support and protection of victims of crime”:
- member states shuld consider developing ‘one-stop shops’ that address victims' multiple needs when involved in criminal proceedings, including the need to receive information, assistance, support, protection and compensation (see the preamble).
- Article 4 prvides that: from their first contact with a competent authority, victims should be informed of (a) the type of support they can obtain and from whom, including, access to medical support, any specialist support, including psychological support, and alternative accommodation; (b) the procedures for making complaints with regard to a criminal offence and their role in connection with such procedures; (c) how and under what conditions they can obtain protection, including protection measures; (d) how and under what conditions they can access legal advice, legal aid and any other sort of advice; (e) how and under what conditions they can access compensation;
- Article 8 prvides that: victims should have access to confidential victim support services, as well as specialist support services, free of charge (…) before, during and for an appropriate time after criminal proceedings. Family members shall have access to victim support services in accordance with their needs and the degree of harm suffered as a result of the criminal offence committed against the victim. Such access is not dependent on the victim/family member having brought a formal complaint.
- Article 9: Victim supprt services shall as a minimum prvide (b) information about or direct referral to any relevant specialist support services in place;(c) emotional/ psychological support; (d) advice relating to financial and practical issues arising from the crime; (e) advice relating to the risk and prevention of secondary and repeat victimisation, of intimidation and of retaliation. Specialist supprt services shall provide: (a) shelters r other appropriate interim accommodation for victims in need of a safe place due to an imminent risk of secondary and repeat victimisation, of intimidation and of retaliation; (b) targeted and integrated support for victims with specific needs, such as victims of sexual violence, victims of gender-based violence and victims of violence in close relationships, including trauma support and counselling.
- In Ukraine, the law on “State support of the mass media and social protection of journalists” guarantees financial assistance by the state to the journalist and to his/her family in the case of injury or death as a result of an attack.
- In Sweden, if an offender cannot pay damages to the victim/victim´s family and the latter do not have insurance that fully covers the damage or injury sustained, they may be entitled to receive financial compensation from the state, known as criminal injuries compensation. Compensation for the loss of maintenance is payable to family members who, under the law, are entitled to maintenance from the deceased or are dependent on him in some other way for their support if maintenance was being paid at the time of death or if it can be assumed that maintenance would have been paid shortly after.
Suggestions for implementation
- EU Member states should transpose, if they haven’t already, EU Directive on “Establishing minimum standards on the rights, support and protection of victims of crime”, which contains standards to protect victims from further victimisation and distress, to receive appropriate support throughout proceedings and have access to justice, and to have appropriate access to compensation. Non-EU states may take inspiration from this Directive.
- Access to adequate, state-provided aid must be ensured as of the earliest stages of a criminal investigation;
- Strengthening witness protection in cases relating to attacks on journalists (see Section III (A) of this Implementation Guide).