A bill that will improve the rights of victims of crime started being debated in parliament on Monday, in line with a directive adopted by the European Union some years ago.
Justice Minister Edward Zammit Lewis said the new law will establish minimum standards on the rights, support and protection of victims of crime. It transposes a 2012 directive of the European Union.
In his introduction, Zammit Lewis said victims of crime needed to be supported through the administration of justice and they should also be helped from the material consequences of crime.
This bill, he said, considered all victims of crime, including hate crime, crime against gender and domestic violence.
He recalled support measures which have already been introduced, such as legal aid for victims of domestic violence and safe space within the courts where they can testify without fear. The mechanism of the temporary protection orders had been beefed up and the capacity of the Victim Support Agency was also in the process of being built-up, coordinating the functions of various entities.
More training was needed for the judiciary and the legal profession in the way they handled vulnerable victims of crime, he said.
Through this bill, victims of crime would have the right for language translation in court cases; they will have better access to special support services such as the provision of shelters, expert advice where needed, such as for the victims of sexual crime, a better environment where victims are questioned by the police; the right of privacy regarding personal characteristics of the victim and reimbursement of court and legal expenses.
Nationalist MP Therese Comodini Cachia said this was the third time that the law on victims of crime was being amended.
Among other things, the bill provided that victims have to be interviewed by investigators without undue delay and they should not be needlessly asked to repeat what they had already recounted. This would ensure that the trauma suffered by victims would not be prolonged. A victim may be accompanied by a person of his/her choice for such questioning. Such assistance may however be denied for a ‘motivated reason’. But this reason was not being adequately explained.
The bill also laid down that medical examinations of victims had to be as few as possible, and only when really required. Clearly, victims of domestic violence should not be subjected to more trauma.
Comodini Cachia said the right for language translation in court was important, particularly for many women who were the victims of human trafficking. They would now be able to contest any court decision that translation was not needed. Indeed, this right should apply throughout the court process.
It was good, she said, that victims would be reimbursed for costs linked to court proceedings. This should include helping victims come back to Malta for court proceedings, when necessary.
Protecting the privacy of the victims and their families was also important especially as some people were ridiculed throughout the legal proceedings. But more explanation was needed about how this provision would work.
The bill also established the duty of the state to protect the victims, Comodi Cachia observed. In this context, she appealed for more shelters for victims of domestic violence to help those victims recover not just in the immediate term, but a longer period. The bill spoke of ‘temporary’ shelter. How long was temporary?
It was right that this bill recognised crimes based on discrimination stemming from the particular characteristic of the victim. In this context, the government should reconsider its plans on legalising prostitution.
It was good, Comodini Cachia added, that the environment where victims were questioned would be improved. But it was very important that investigating officials, social workers, and legal officers were well trained on how to handle victims.
It was obvious, she said, that the opposition would back this law because victims of crime deserved to be treated with respect and dignity and she thanked all those people working among victims of crime.