The role of the victim in administrative and judicial proceedings

Abstract

The international notion of victim and her role in the trial are recognised with reference to International, European, and National Legal Frameworks. According to the jurisprudence of the European Court of Human Rights the victim does not have the right to a trial because article 6 ECHR lists only the rights of the accused; however, the witness-victim must receive adequate protection. From a close examination of the rights during trial of the two private parties involved -«the accused» and «the victim» - it has been possible to note an important development. It appears that there is emerging an increasing need to place the victim and the perpetrator of the crime on the same level, in an attempt to propose guarantees which in a certain sense can be considered symmetric: on the one hand, the «protection» of the victim, and on the other, the «guarantees» of the defence. Although many measures have been taken on International, European and National levels, the right of the victim to obtain damages and compensation still remains a problem. The victims are in difficulty for two reasons: the first is that they are foreigners in a country where they do not understand the language, the second reason is that the victims are in a situation of illegality because they do not have documents, by virtue of having entered the country illegally. It is with this aim that, especially in International Charters, the general tendency is emerging not to "criminalize" the victim because she is in a state of illegality against her will. On a European level both the 2004/81/EC Directive and the Warsaw Convention of 2005 are concerned with the right of the victim to obtain a resident's permit. National legislation, however, refers to the art. 18 of the Law n. 286/1998, on the subject of immigration, which represents for Italy a true source of pride. This provision offers a highly valid means for guaranteeing that the victims of the slave trade and forced prostitution receive real and valid assistance in freeing themselves from the inhumane conditions in which they find themselves. Thanks to the framework into which the girl is inserted she can start to regain a normal life, learn the Italian language, have access to cultural and psychological assistance and obtain an honest job, and eventually take part as plaintiff in the trial against those who exploited her, assisted by a lawyer who will try to guarantee her safety by making use of all the instruments made available by Italian Law. Several studies have noted that for the victims of trafficking, the physical and mental abuse frequently experienced, combined with economic exploitation, frequently lead to multiple traumas, anxiety and malnutrition, disease and sometimes death at the hands of traffickers. The victims are often alienated from their families and communities, partly because they have failed to live up to expectations and repay the family investment and partly because they cannot tell them about their experiences. In Italy the girls who manage to escape from the prostitution ring are inserted into programmes of social protection: here, when they manage to resist the threats, which will inevitably be made against their families by means of voodoo rituals for the repayment of debts left unpaid, they have the possibility to choose to return to their country or remain in Italy. In this second case they are taught the Italian language, they learn a trade, obtain a residence permit and are reintegrated into Italian society. It is very rare that the Nigerian girls ask to return to their country of origin because in so doing they would have to tell their families that they have been prostitutes, with the certainty that they would be rejected by them. The few girls who do return ask for, and receive, help from NGOs who take care of them. They are then reintegrated and sometimes manage to rebuild a life and family of their own, but obviously their experiences in Italy remain a secret to be kept locked away in their hearts.