Features

Victim Support Service

The Victim Support Service (VSS) was established in April 2005. After the research and publication of the report ‘Access to Justice for Victims’ it became clear that there was a need for further attention to increase victim’s access to justice, the role of law and lawyers in facilitating this access and the human rights implications of access to justice. During the process of writing this report, the Women’s Justice Unit conducted a workshop entitled ‘Legal Assistance for Women’ on 8 July 2004.

At the workshop a suggested solution to the problem of women’s access to justice was the establishment of a legal aid service for women office to liaise between victims and the police, prosecutor’s office and the court. A further workshop was held on 19th October this year with civic society participants, UN representatives and actors in the Justice Sector to discuss this matter further. After considerable discussion about each of the options it appeared there may be more support for creating a new unit within JSMP or creating a new organization to provide legal assistance to women.

The discussions at the meetings have indicated that a great deal of work needs to be done in order to improve substantive access to justice for women in East Timor: education is needed at all levels of society about women’s rights, the economic situation of women needs to be improved, and various reforms are needed throughout the formal justice system.
Most importantly, the meetings also concluded that a solution to improve women’s access to procedural justice: the establishment of a women’s legal assistance office. This office would be similar to the Women’s Legal Aid offices, and Victim Support services of developed countries, it would carry out similar activities but would not actually represent clients in court.

Objective and Goals of the Victim Support Service
The objectives of the VSS are:

1. Provide a Victim Support Service for provision of legal support for women and children affected by Sexual Assault and Domestic Violence.
2. Increase public awareness of the Victim Support Service and the rights of victims affected by Sexual Assault and Domestic Violence.
3. Build an organisational network among providers of support for women victims.
4. Provide ongoing support and reference at all stages of a case hearing and trial for victims.

Activities of the Victim Support Service
The VSS believes that by providing information, advice and support to women victims will empower them and improve their ability to access the formal justice sector. The VSS hopes to assist in the successful prosecution of cases involving sexual assault and domestic violence and improve the efficiency of the formal justice sector. As a result, the VSS hopes that the public perception of the police and the formal justice sector will improve. To achieve these goals the VSS performs the following:

• When the victim first makes contact with the police, hospital or a women’s support organization
- Meets and informs the victims of their rights and of the formal justice process
- Encourage the victims to continue with formal justice process
- Assisting victims to seek social and financial support, as appropriate.

• After the victim has made a statement to the police, and police have questioned the suspect:
- Inquiries of police and prosecution about the scheduling of the case for a hearing
- Proactively try to ensure case proceeds to a hearing.
- Continue to keep victim informed of their rights and the process in the meantime.

• Court hearing to determine if there should be a trial and if accused has a case to answer.
- Explaining the process to the victim and the victim’s rights and provide encouragement to the victim.
- Keep the victim informed as to the case number and when the trial will be scheduled.

• Between hearing and trial.
- Ensure that all parties to the case are informed of the trial date, including witnesses.
- Keep victim informed of trial date and of process.
- Accompany the victim to interviews with prosecutor. Encourage victim to speak clearly and consistently to prosecutor about the events which occurred.
- Assist the prosecutor with information about possible international treaties, precedents etc, which could be used in the indictment.

• At trial and during trial dates.
- Accompany the victim to the trial and explain trial process. VSS will assist preparing the victim for trial, encourage the victim to speak clearly and consistently with the facts she told the police.
- Ensure the victim and all parties to the case are aware of the next trial date.
- Keep the victim informed of trial dates and of process.
- Encourage victim to continue with the process, even if it is a long one.

• When the Judge delivers decision.
- Explain the decision to the victim.
- Explain the consequences of the judge’s decision to the victim.