Republika e Kosovës Republika Kosovo / Republic of Kosovo Prokurori i Shtetit / Državni Tužilac / State Prosecutor Zyra e Kryeprokurorit të Shtetit / Kancelarija Glavnog Državnog Tužioca / Office of the Chief State Prosecutor Sekretariati / Sekretarijat / Secretariat No. 181/2013 Date: 18.10.2013 Prishtina In accordance with article 11 of the Law on State Prosecutor and article 21 of the Regulation on the Mandate, Structure and functioning of the Victims` Advocacy and Assistance Office, Chief State Prosecutor on 18.10.2013 issues the following: STANDARD OPERATING PROCEDURES FOR VICTIM PROTECTION AND ASSITANCE OFFICE CHAPTER I VICTIMS RIGHTS Background Victim s rights are human rights that must be protected by the state. In 1985, the U.N. adopted the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power which outlines international best practices for treatment of crime victims. The international community acknowledges that victims are entitled to fair treatment and access to the mechanisms of justice, and recognizes an offender's obligation to make fair restitution to his or her victim.
Kosovo established mechanisms to ensure the protection of human rights, respectively the victim s rights to meet these obligations. The Division for Victim Protection and Assistance was established in 2002 within the Department of Justice, based on the UNMIK regulation 1999/1. After the establishment of the Ministry of Justice, this unit continued to function within the Department of Access to Justice. The services of the Victim Advocates initially focused on the victims of trafficking based on the UNMIK regulation 2001/4 and afterwards committed to actively protect victims of domestic violence and sexual abuse as well. Under the UNMIK regulations, the mandate of Victim Advocates was to provide victims with guidance, advice and support in the justice system, provide court accompaniment, transport and accompany victims to shelters, health centers and other social services. Victim advocates operated in 14 regional offices throughout the Kosovo. During 2011, the Ministry of Justice transferred the Division for Victim Protection and Assistance to the Office of the Chief State Prosecutor. In this new capacity, the role of victim advocates was expanded to comply with the new Criminal Procedure Code of Kosovo which entered into force in January 2013. The documents listed below are the legal authorities for victim s rights within the Republic of Kosovo Article 1 General provisions 1. All crime victims are entitled to the protection of their human rights. 2. All crime victims may request the assistance of the VPAO. 3. The VPAO may allocate resources to ensure that the most vulnerable victims receive priority attention and services. 4. All crime victims that request the services of the VPAO shall receive assistance. 5. The Chief State Prosecutor s Office is responsible for identifying priority crime victim categories. Article 2 Basic victim s rights according to the Criminal Procedure Code 1. In order to balance the loss of the right to private prosecution, the rights of victims have been sharply increased in the Criminal Procedure Code. Under Article 62, the injured party have a series of rights, such as the right: 1.1 To be treated with Respect by State Actors involved in criminal proceedings 1.2 To be provided with Notice of the criminal proceeding 1.3 To be granted the Status of a party to the criminal proceeding
1.4 To seek court-ordered Restitution from a convicted defendant 1.5 To seek Compensation from the State in the event restitution is unavailable 2. The above mentioned rights represent only the basic rights to which the victim is entitled. The Criminal Procedure Code gives other procedural rights to the victims throughout the Code. Article 3 Other domestic legislation that regulate victim s rights 1. Constitution of the Republic of Kosovo: 1.1.Chapter II Fundamental Rights and Freedoms. 2. Law on Protection against Domestic Violence. 3. Law on contested procedure. 4. Legal framework on protection of victim s of trafficking in persons: 4.1 Law Against Trafficking in Persons 4.2 Standard Operating Procedures for trafficked persons in Kosovo 4.3 Minimum Standards of care for victims of trafficking. Article 4 Other relevant international documents 1. International Agreements and Instruments as set forth in Article 22 of the Constitution of the Republic of Kosovo: 1.1 Universal Declaration of Human Rights; 1.2 European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols; 1.3 International Covenant on Civil and Political Rights and its Protocols; 1.4 Council of Europe Framework Convention for the Protection of National Minorities; 1.5 Convention on the Elimination of All Forms of Racial Discrimination; 1.6 Convention on the Elimination of All Forms of Discrimination Against Women; 1.7 Convention on the Rights of the Child; 1.8 Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment. 2. The Constitution of the Republic of Kosovo also in its Article 53 states decisively that human rights must be interpreted in compliance with the decisions of the European Court of Human Rights. 3. Considering the aspirations of the Republic of Kosovo to be a part of the European Union it is important that the practices especially in the field of protection of victims of crime, to be in line with other relevant documents regulating this field, but are not limited to:
3.1 General Assembly of United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. 3.2 Directive of the European Parliament and of the Council establishing minimum standards on the rights, support, and protection of victims of crime. 3.3 Directive of the European Parliament and of the Council on preventing and combating trafficking in human beings and protecting its victims. 3.4 European Directive on the compensation of victims of violent crimes. CHAPTER II GENERAL PROCEDURAL PROVISIONS Article 5 Initial Contact 1. The timing and the location of the initial contact between the victim and the victim advocate will be determined according to a series of the factors listed below: 2. Contact during business hours: The preference is for the initial contact to occur during business hours unless there is an exception as listed below in paragraph (3) of this part. 2.1 Timing. i. The initial contact shall take place the next business day following the identification of the victim or during business hours at the victim s earliest convenience. ii. For criminal acts involving a large number of victims, the initial contact shall consist of a notification sent out to all victims informing them about their right to be considered a party in the procedure, the assistance available and the right to be informed about the outcome of the case if they wish to receive such information. 2.2 Location i. The initial contact shall occur in the office of the victim advocate
ii. The initial contact may occur at the police station if the initial contact coincides with an event pursuant to article 77 or 123 of the Criminal Procedure Code. iii. The initial contact may occur at a location mutually convenient to the victim and the victim advocate if the victim advocate determines that it is in the best interest of the victim 3. Immediate response outside of business hours: 3.1 The initial contact between the victim and the victim advocate may occur outside of business hours in the following circumstances: ii. Pursuant to Article 77 of the Criminal Procedure Code and the injured party has requested the presence of the victim advocate in a priority case, as defined by the Chief State Prosecutor. iii. Pursuant to Article 123 of the Criminal Procedure Code and the victim advocate determines his or her presence is necessary. iv. In crimes of trafficking in human beings as set forth in the Standard Operating Procedures of THB. v. At the victim s request and there is a compelling need for immediate response as determined by the victim advocate to comply with the request. Article 6 Initial contact procedure 1. The victim advocate shall obtain the case background from the appropriate law enforcement officer 2. The victim advocate shall request to meet with the victim without the police present 3. The victim advocate shall introduce themselves and advise the victim of the role of the victim advocate. 4. The victim advocate shall explain the victim s rights to the victim. 5. The victim advocate shall document the initial contact in the case file. Article 7 Identification of victim 1. Crime victims requiring the service of the VPAO shall be determined in accordance with Chapter I victims rights, part I general provisions of this document. Those victims will be identified by the VPAO in accordance with the procedures below: 1.1 As identified by the police when they request an immediate response of the victim advocate
1.2 Upon review of the Daily Situation Report (DSR) by a designated member of the VPAO. The VPAO will review the DSR each business day to assess the need to contact individual crime victims. DSRs from weekends or holidays will be reviewed on the next business day. 1.3 upon identification of victim in the DSR, the VPAO shall contact the victim and notify the victim of his or her right to the services of the VPAO. 1.4 Upon victim request. 1.5 Upon the request of the prosecutor's office. 1.6 Referrals by other service provides the VPAO will confirm that the referred victim meets the standards set forth in Chapter VI, Paragraph A. Upon confirmation of the criteria, the VPAO shall contact the victim and notify the victim of his or her right to the services of the VPAO. 2. Victim Advocate Office may establish procedures to determine which family members have priority in relation to the exercise of the rights set out in document. Article 8 Additional support 1. Assessment. Upon assignment of a case, the victim advocate assesses the needs of the victim for services and takes the appropriate actions to have those needs met. 2. Referral. Upon completion of the assessment, the Victim Advocate shall refer the victim to the appropriate service providers. 3. Coordination. The victim advocate may coordinate the efforts of service provides to ensure that crime victims receive the appropriate assistance and services. Article 9 Acceptance or refusal of services by the victim 1. Notice. The Victim Advocate must inform each victim of his or her rights and the potential services available. The victim advocates must advise the victim of the potential consequences of the invocation or waiver of those rights as well as the acceptance or refusal of the potential services. 2. Consent. The Victim Advocate shall document the victim s consent to the acceptance of services and invocation of rights. 3. Waiver. The Victim Advocate shall document the victim s waiver or refusal of rights and services. In the appropriate documentation, the Victim Advocate shall identify which rights or services were refused by the victim. VA must advise that the victim may request and receive assistance in the future.
Article 10 Investigation 1. After the victim advocate s initial contact and assessment of needs of the victim, if appropriate, the victim advocate shall consent to the continuation of the interview. 2. The victim advocate shall monitor the investigation to ensure the protection of the victim s human rights. 3. In the event of a victims rights violation, the victim advocate shall intervene on behalf of the victim to prevent the violation or a continuation of the violation. 4. The victim advocate shall ensure the protection of the victim s rights until the victim s presence is no longer necessary or the victim wishes to postpone or terminate their cooperation. 5. The victim advocate shall obtain a copy of the victim s statement if one is provided by the victim. Article 11 Follow up 1. The victim advocate shall provide the victim with an information packet outlining the victim s rights and available services. 2. The victim advocate shall provide the victim with the victim advocate s contact information and the Help Line number. 3. The victim advocate shall establish a method to follow up with the victim. 4. At the follow up contact, the victim advocate shall explain the court process and potential next steps to the victim. Article 12 Termination of services 1. The services of the VPAO/VA are terminated upon: 2.1 a waiver/refusal of the victim 2.2 exhaustion of legal remedies in the criminal justice system; 2.3 exhaustion of legal services related to an order for protection, 2.4 determination that a conflict of interest exists. 2.5 other circumstances that may lead to cause for termination of services. 2. Nothing in this provision shall prevent the VPAO from advising a victim when a defendant is released or escapes from detention if the victim advocate determines that
there might be a serious danger to the victim. In those instances the victim advocate shall advise the victim of the services available. 3. The VA shall notify VPAO management when a case is terminated. 4. In the event a case is terminated by waiver while the matter is before the court, the VA shall file notice of the termination of VA services with the court and state the reason for the termination. CHAPTER III PROCESS FOR SPECIFIC CRIMES Article 13 Crimes of Trafficking 1. Duties for Victim Advocates in Trafficking cases are set forth in the Anti-Trafficking SOP and minimum standards of care for victims of trafficking. 2. The Anti-Trafficking SOP and minimum standards of care shall serve as a supplement to this document. Article 14 Crimes of Domestic Violence 1. Violence in close relationship is a serious and often hidden social problem which could cause systematic psychological and physical trauma with severe consequences because the offender is a person whom the victim should be able to trust. Victims of violence in close relationships may therefore be in need of special protection measures especially if they are dependent on the offender economically, socially or they share a residence. 2. Duties for Victim Advocates in Crimes of Domestic Violence are set forth in the Law on Protection against Domestic Violence in Kosovo and the Standard Operating Procedures for Protection against Domestic Violence. 3. The Standard Operating Procedures for Protection against Domestic Violence in Kosovo shall serve as a supplement to this document. Article 15 Crimes Against Sexual Integrity 1. Crimes against sexual integrity are offenses where a person causes another person to engage in any kind of sexual activity without the consent of that person. Crimes against sexual integrity may include sexual assault, rape, sexual abuse of children, sexual abuse of people
with mental disorders or disabilities, pornography, compelling prostitution and all other criminal offenses defined in the Criminal Code of Kosovo, Chapter XX Criminal offenses against sexual integrity. 2. Procedure. When responding to the victims of this category, the Victim Advocate will follow the general provisions as described in this document with additional specific procedures: 2.1 The Victim Advocate will be notified about the case by the law enforcement officers either by telephone call to the On Call victim advocate or through the DSR. 2.2 The Victim Advocate shall initiate contact with the victim the next business day following the identification of the victim 2.3 Upon the initial contact, the victim advocate shall inform the victim about their rights and the criminal process. 2.4 Notwithstanding par. 2.2 of this part, the Victim Advocate will respond to the hospital or the police station upon the notification by the police about the case when the conditions as set forth in Chapter 6 are met. 2.5 The Advocate will attempt to offer emotional support and help the victim to contact other family members. 2.6 The Victim Advocate shall avoid asking detailed or intimate questions to the victim during the initial contact. 2.7 The Victim Advocate shall inform the victim about sexually-transmitted diseases and the possibility that the victim would need to undergo medical examination at the medical centre to determine whether the victim has contracted any of these diseases. 2.8 If the victim is a child, the VA shall confirm that law enforcement officers have notified the Centre for Social Work. 2.9 The Victim Advocate should provide initial emotional support. 2.10 The Advocate shall ensure that the victim has been informed about their rights, the name and contact information of the investigator assigned the case, the victim advocate number and the Help line number. Article 16 Homicide Homicide is the killing of one person by another. The victim advocates will provide assistance to victims of all forms of criminal homicide as defined by the Criminal Code of Kosovo. Any family member or close friend of anyone who is a victim of a homicide will likely have common feelings of loss and grief. According to the EU directive, the family members of a victim of homicide have the status of the victim. Therefore, it is the responsibility of Victim Advocates to ensure that this category of victims, as well as other categories, be provided with information and necessary support, upon their request. Procedure: In the event of a homicide the Victim Advocate will follow the below listed procedures.
The Victim Advocate will be notified of a homicide via a law enforcement officer. The Advocate will initiate contact with the family members the next working day following the incident. The Victim Advocate will obtain contact information for family members, and ascertain the relationship of these persons to the victim. The Advocate will identify a point of contact (POC) for the family. All communication regarding the case will transpire through that POC. Additional POCs may be necessary on a case-by-case basis. The designated POC has the rights of the victim pursuant to the EU directive. The Advocate should ensure that the POC has the name and contact information of the Victim Advocate and the Investigator assigned the case. The Advocate will make contact with the appropriate law enforcement officer whenever possible to receive a briefing on the incident prior to the initial contact with the victim s family members. Depending on the circumstances, this may be done in person or via phone. 1.1 During the initial contact with the POC, the victim advocate shall follow the procedures set forth in Chapter II of this document, part I initial contact. 1.2 Whenever it is determined that the surviving member of the victim is a child or other person in need of custody, the victim advocate shall confirm that police have notified the respective Center for Social Welfare. 2. Office Visit: 2.1 On the day of the scheduled office visit, it is important that the Advocate be on time and have the required materials to conduct the meeting. 2.2 The Advocate should assist the survivor in filling out the appropriate paperwork and making referrals and should make an attempt to aid the survivor as necessary and appropriate. 3. Additional support: 3.1 The Advocate should maintain contact with the designated POC and notify him/her of any arrests, detention hearings, court appearances, etc if the Advocate has knowledge thereof and if the POC wishes to receive such information. The Advocate should also provide the POC with the contact information regarding respective service providers. 3.2 he Advocate, if requested by the survivor, should attend court hearings to support the survivor. 3.3 The Victim Advocate shall ensure that the victim is informed also about their right to self-representation or the representation by a defense attorney.
Article 17 Robbery 1. Robbery is the act of unlawfully taking another person s property through violence or intimidation. 2. Procedure: There are generally two ways a Victim Advocate will receive notification of a robbery. In most cases, the Advocate will either be (I) notified of the incident via the law enforcement officer during the initial investigation or DSR or (II) contacted by the victim following a report to the police. 2.1 The Advocate will initiate contact with the victim the next working day following the incident. 2.2 The Advocate will make contact with the appropriate law enforcement officer whenever possible to receive a briefing on the incident prior to the initial contact with the victim. Depending on the circumstances, this may be done in person or via phone. 2.3 If immediate support is needed, the Advocate will offer initial support to the victim and help him/her make contact The Advocate will also access the situation and determine if there is anything else he/she can do to be of assistance. 2.4 During the initial contact with the POC, the victim advocate shall follow the procedures set forth in Chapter VI general provisions. CHAPTER IV COORDINATION WITH LAW ENFORCEMENT Article 18 Overview The identification of every crime victim begins with law enforcement. Law enforcement agencies are responsible for identifying criminal acts and collecting evidence that will support the prosecution of those acts in court to bring the offender to justice. Victims, as the subject of the crime, are important sources of information to law enforcement. Law enforcement officers are typically the first state actor to have contact with a crime victim. As such, it is important that law enforcement officers understand and respect crime victims rights. Since the victim advocates are mandated to protect the rights of crime victims, it is necessary for the two groups to work together to achieve their goals.
Article 19 Victim Advocate Duties in coordination with law enforcement 1. The duties of the Victim Advocates in coordination with law enforcement are set forth Chapter VI of this document. 2. Victim Advocates need to educate law enforcement officers on victims rights and their obligation to respect their rights. 3. The victim advocate may recommend law enforcement postpone the interview of a victim when the victim advocate determines that postponement of the interview is in the best interest of the emotional or physical status of the victim. In such circumstances, the victim advocate will coordinate for the interview to occur at the earliest time appropriate for the victim s well being. 4. Victim Advocates should keep open ways of communication with the police to enable better exchange of information. 5. When a Victim Advocate becomes aware of a potential serious risk to a victim with an open case the Victim Advocate shall report the risk to law enforcement officers. 6. The Victim Advocate will coordinate with the police for secure transport of the victim to pre-trial investigative procedures when necessary. CHAPTER V COORDINATION WITH PROSECUTOR S OFFICE Article 20 Overview 1. As the representatives of the State in criminal actions, a prosecutor is obligated to pursue justice for society on behalf of the victim. As part of that obligation, it is the responsibility of the State Prosecutor to protect the human rights of parties in a criminal action. This obligation of the prosecutor exists because someone has been victimized. The victim of the crime is the crux of the criminal case. The rights of the victim must be protected throughout the justice process; however, the prosecutor has the primary responsibility of seeing the offender brought to justice. 2. On behalf of the State, VPAO has the primary obligation of ensuring the protection of the rights of victims. VPAO is obligated to protect victims against re-victimization during the provision of services by the State. Accordingly, there exist two offices that are charged with the responsibility of safeguarding victim rights: the Prosecutor s office and the VPAO, respectively the Victim Advocates. The mandate of the Victim Advocates is to facilitate the work of prosecutors in protecting the rights of victims.
3. The victim advocates and the VPAO have the responsibility to facilitate communication between them and the members of the prosecutor s office. Effective communication between these state actors permits the coordination of resources to better protect victims rights in the justice system thereby reducing the burden to both offices. 4. Effective communication between victim advocates offices and prosecutor s office facilitates the burden of both offices and reduces the need for the victim advocate to be present in each victim pre-trial testimony session. In cases where the victim advocates has requested pre-trial testimony to be taken from a witness, it is required that the victim advocate be present in the session. In all other cases, where there is an effective coordination between the victim advocate and the prosecutor, not necessarily it would be required that the victim advocate be present at each session. However, the victim advocate shall make such an assessment on the necessity for being present or not in those cases, depending on the type of the offense, victim s condition and other specific circumstances. Article 21 Duties of victim advocates as part of the prosecutor s office 1. Ensure that the prosecution does not violate victim s rights or take action to remedy a violation of the victim s rights. 2. Coordinate communication between the prosecutor s office and the victim. 2.1 The VPAO office will coordinate with the prosecutor s office to create a method to provide a minimum of 72 hours notice for Victim Advocates to participate in the pretrial investigation procedures pursuant to the CPC as appropriate. 3. Coordinate the collection of information and evidence, for example, the victim advocate may help obtain victims' statements and documentation such as medical releases to help prepare for prosecution. 4. Ensure that victim s interests are considered during the proceedings at trial or in guilty plea agreements. 5. Assist the prosecution in evaluating a victim s ability to participate in legal proceedings. 6. Advise the victim as to the criminal justice system and the role of the prosecutor. 7. Formally request the prosecution take action to protect a victim s interests in accordance with the Criminal Procedure Code when necessary and appropriate. 8. Formally request the prosecution to inform the Victim Advocate about the release of the defendant from the detention. 9. Formally request that the prosecution include the name of the Victim Advocate as a representative of the injured party/victim in the documents submitted to the court.
CHAPTER VI VICTIM ADVOCATE RESPONSIBILITIES WITH COURT Article 22 Overview 1. In order to balance the loss of the right to private prosecution, the rights of victims have been sharply increased in the Criminal Procedure Code. Under CPC Article 62 the injured party has a series of rights listed above in Chapter IV of this document. CPC Article 63 authorizes an injured party to be represented in the proceedings by a member of the bar. Other than a member of the bar, the injured party can also be represented by a victim advocate or by himself or herself. 2. The Victim Advocate is obliged to attend the court hearing in requests for orders of protection as set forth in Law on Protection against Domestic Violence or otherwise notify the court in timely manner about their absence. 3. The Victim Advocate may attend court sessions as set forth in the CPC to protect the victim s interests. 4. The Victim Advocate is the liaison for the victim and the justice system. The victim advocate speaks on behalf of the victim. The victim advocate represents the victim as an injured party before the court. 5. Victims are often unfamiliar with the court system and process. The Victim advocate educates the victim about court procedures and communicates the court s requirements to the victim. Article 23 Courtroom responsibilities in Criminal Matters 1. The Criminal Procedure Code outlines the rights that an injured party has in criminal court. The CPC explains the methods by which those rights may be exercised. 2. The Victim Advocate is the attorney for the victim as an injured party in a criminal case. As the attorney for a party to the action, the Victim Advocate may appropriately perform in Court pursuant to the Criminal Procedure Code, including but not limited to the ability to examine witnesses, present the opening statement, closing argument etc. 3. Cooperation between the Victim Advocate and the Prosecutor is necessary to protect the victim s interests in court. The Victim Advocates in cooperation with the victim has the discretion to determine if the prosecutor adequately represents the victim s interests.
Article 24 Courtroom responsibilities for Requests for Protection Orders 1. The Victim Advocate may represent a victim before the court in a request for a protection order. This includes the filing of the appropriate paperwork to support the request. 2. The Victim Advocate s representation before the court includes actions necessary to request, obtain, amend, extend and when necessary also appeal a court decision on, an Order for Protection. Article 25 Other types of assistance 1. Any legal assistance that a victim advocate provides to a victim must be in relation to: 1.1 a criminal act or offense that is under investigation or is being prosecuted in the criminal justice system or 1.2 is the subject of a request for an order of protection. 2. For victim requests for assistance about the civil court proceedings including divorce, child custody, alimony and other procedures the Victim Advocate shall refer the victim to other agencies which provide these services. CHAPTER VII COORDINATION WITH OTHER SERVICE PROVIDERS Article 26 Overview VAPO shall refer a victim to other service providers who offer services to further assist the victims. Members of the VPAO have the obligation to intervene on behalf of the victim to compel the protection of a victim s human rights by other service providers. The VPAO may coordinate these services to optimize the compassionate, respectful and dignified treatment of a victim.
Article 27 Service Providers 1. Shelters- offer short housing and related support services to victims and families following victimization. Shelters also offer vocational trainings for victims with the purpose of reintegrating them in the society. 1.1 Victim Advocates shall ensure proper cooperation with the shelters in their respective region. 1.2 The Victim Advocate shall ensure that the shelter, and through the shelter also the victim, is informed in advance about the scheduled hearings when the appearance of the victim in the court is required. 2. Legal Aid Agency- provides free legal support, assistance, and advocacy to victims outside the criminal justice system, particularly in civil procedure such as divorce, custody disputes, civil suits, etc. 2.1 Victim Advocates should keep open lines of communication with the Legal Aid Offices in their regions to ensure that such services are provided to the victims of violent crimes. 2.2 Victim Advocates should refer to Legal Aid all requests for legal assistance that not related to a criminal act or offense that is under investigation or is being prosecuted in the criminal justice system or is the subject of a request for an order of protection. 3. Center for Social Welfare -provide assistance to victims in securing rights, remedies, and services from other agencies including coordinating shelter services, social assistance, and access to education for children. CSW is always called to respond in cases when there is a child (or other adults in need for custody) involved in a case as a direct or indirect victim. In such cases the CSW shall provide all the assistance needed. 3.1 Victim Advocate role is to ensure that the rights of the victims are respected and that the proper services are provided. 4. Vocation Training Centres- within the Regional Employment Centers which provide a variety of vocational trainings for victims. After their completion of the training, the victim may be registered to the list of employment seekers in order to get a job placement. 5. Non-governmental Organizations - there are a number of NGO-s operating in Kosovo, who provide free legal assistance to various categories of victims of crime. 5.1 Victim Advocates need to be aware about the NGO-s in their respective regions and advise victims also on the services these NGO-s may provide for the victims. Article 28 Additional services 1. Personal Advocacy- Refers to assisting victims in securing rights, remedies, and services from other agencies. 2. Crisis Counseling- Refers to in-person crisis intervention, emotional support, and guidance and counseling provided by advocates, counselors, mental health professionals, or peers. Such counseling may occur at the scene of the crime, immediately after a crime, or be provided on an on-going basis. 3. Therapy- Refers to professional psychological and/or psychiatric treatment for individuals, and family members to provide emotional support in crisis arising from the occurrence of crime. This includes the evaluation of mental health needs, as well as the
actual delivery of psychotherapy. Therapy may be provided by the professional shelter staff, other NGOs that are specialized for these types of services or through the referral of victims to the respective mental health centers. Article 29 Coordination of efforts 1. The victim advocates shall work with other service providers to ensure that crime victims receive the eligible and appropriate services. 2. In the event that services are inappropriately withheld, the Victim Advocate will direct the victim to follow the appellate procedures of the responsible agency. 3. The VPAO management will coordinate with the appropriate authorities from other service provider agencies to ensure the protection of crime victim s rights in the provision of services and protection. CHAPTER VIII RESPONSIBILITIES OF VICTIM ADVOCATES TO ASSIST THE VICTIM WITH APPLICATION FOR RESTITUTION OR STATE COMPENSATION Article 30 Restitution in Criminal Court 1. Victims have a right to a reasonable court-ordered restitution from a defendant who admitted to or been adjudged to be guilty for causing financial, physical or emotional harm to the victim. 2. The victim at the early stage of the investigation and latest 60 days after the filling of the indictment may file a Declaration of damages. 3. Victim advocate may assist victims in preparing and filling such declaration. The same declaration may serve as a property claim as well. Article 31 Restitution in Civil Court If a victim is not awarded restitution in the criminal case the Victim Advocate shall advise the victim that he or she may seek restitution in civil court with the assistance of Legal Aid, a private attorney or self-representation. Article 32 State Compensation 1. Overview. The Victim Compensation Fund is a program designed to help victims with expenses resulting directly from a crime that is not covered by other payment sources.
2. Eligibility. The person applying for assistance must be a victim of a crime and the incurred expenses have to be linked to losses from injury or death as a result of the crime in order for the person to be eligible for the program. In order to be eligible for compensation, the victim must not have been involved in criminal activity at the time of the incident. The criteria and the procedure for applying for state compensation shall be determined by the respective authority designated to decide on compensation requests. 3. Responsibility of Victim Advocate. It is the responsibility of the Victim Advocate to make the victim aware of the Fund and when requested by the victim, to also assist them in filling out the required forms. Under no circumstance should the Advocate promise the victim that he/she will receive compensation, as the State Prosecutor, is not the approving agency. Article 33 Implementation Victims` Advocacy and Assistance Office and State Prosecutors are obliged to implement this Directive. Article 34 Entry into force This Directive enters into force on 18 th of October, 2013. Ismet Kabashi Chief State Prosecutor