National Victim Support Service in Estonia
Presentation by Kaisa Üprus-Tali, Victim Support Service’s headspecialist, Estonian National Social Insurance Board in conference "Supporting Victims of Crime in Latvia – Possibilities and Challenges" organised by Centre for Public Policy PROVIDUS on February 21-22, 2013 in Riga.
Conference was organized in project "Conference is organized within framework of project Response to Crime Latvia and Beyond”. Further information about project: http://www.providus.lv/public/26862.html
Further information about conference: http://www.providus.lv/upload_file/Projekti/Kriminalitesibas/Victim%20support/Conference_web.pdf -------- Prezentācija "Igaunijas atbalsta sistēma noziedzīgos nodarījumos cietušajiem" (Kaisa Üprus-Tali, Igaunijas nacionālā sociālās apdrošināšanas pārvaldes Cietušo atbalsta
pakalpojumu vadošā speciāliste) konferencē "Atbalsta sistēma noziedzīgos nodarījumos cietušajiem – Latvijas iespējas un izaicinājumi".
Konference tika organizēta 2013.gada 21.-22.februārī Rīgā projekta "Atbalsta sistēma noziegumos cietušajiem - Latvijā un citur" ietvaros. Plašāka informācija par projektu: http://www.providus.lv/public/27560.html
Plašāka informācija par konferenci: http://www.providus.lv/public/27812.html
Published on: Mar 3, 2016
Transcripts - National Victim Support Service in Estonia
National Victim Support Service in Estonia Kaisa Üprus-Tali Victim Supprt Service´s headspecialist Estonian National Social Insurance Board 22.02.2013 Conference is organized within project “Support for Victims of Crime: Substantial or Nominal. Latvia and#cietušiem // #victimslatvia // @providus Beyond”. Project is financed by European Union
Victim Support• The Victim Support Act first came into force in 2003.• To offer services to victims, Victim Support Department was created and the system launched on 1st of January 2005 when the corresponding chapter in Victim Support Act obtained legal validity.• The aim of the Estonian National Victim Support Service is to maintain or enhance people’s ability to cope after falling victim to negligence, mistreatment or physical, mental or sexual abuse.• The full text of the Estonian Victim Support Act in English can be found on the following link: http://www.legaltext.ee/et/andmebaas/tekst.asp?loc=text&dok=X800
Victim Support• This public service is provided by the Estonian National Social Insurance Board (ENSIB) that operates under the Ministry of Social Affairs.• Victim Support Department has 15 centres and 27 specialists employed across Estonia.• Victim Support Centres are located in every county, mostly in policedepartments.
Victim Support Specialist• Victim support specialists mainly deal with cases of sexual, physical or mental abuse or mistreating, also neglect.• Also, there are quite a few cases when specialists work with suicidal clients as well.• Using different methods and involving specialists from different areas they preserve or improve the subsistence of victims.
Victim Support Specialists• The main methods are listening, offering emotional support and empowering, sharing information about different possibilities and solutions to problems, and helping to communicate with different organisations.• According to the Estonian Code of Criminal Procedure, victim support specialists who among some other specialists have the right to participate when the police are interrogating children who have been exposed to domestic violence and sexual violence. This is done to ensure children’s rights during interrogation.
Victim Support Specialists• Victim support specialists also provide initial help and counselling in crisis situations for the family of the victim or people who have witnessed a crime (i.e. homicide).• Specialists also deliver information of someone’s death to their family members. These situations also need initial crisis work. *That can be considered as the most emotionally exhausting procedure. It takes more than empathy and compassion – it takes good training, delicacy, discretion and also lots of knowledge. Last, but not least, in these cases the specialist has to be aware of the effects this kind of procedure has on him- or herself and has to be able to take care of him- or herself afterwards.
Victim Support Specialists• Victim support specialists also organise seminars and trainings about gender based violence, dating violence for young people and child abuse to the partners (local officials – social workers, child protection specialists and other organizations who work with people and their problems) and also in schools and kindergartens etc. They also publish articles in media (newspapers, radio and at times, also TV shows).• Due to this, the number of clients has increased every year. For example, in 2005 there were 3005 clients. In 2008, the number of victims increased to over 4000 and in 2012 there were 4510 clients. 1/3 of all the clients who have contacted victim support specialists had problems with gender based violence or child abuse.
Cooperation with police and other authorities• Victim support specialists cooperate with the police, prosecutors, local government officials (including child protection specialists), medics, rescue service and other representatives of different organisations. The need for network members varies from the nature of the case.• Furthermore, the Victim Support Act states that the police are obligated to inform victims about their right to turn to a victim support specialist for further help and assistance.
Cooperation with police and other authorities• In 2004, a cooperation contract was signed by the head of ENSIB and Police and Border Guard Board which was renewed in 2012. According to that contract, police and victim support work together in cases of domestic violence, child abuse, murders etc.• For example, when the police receive a call about domestic violence, officers on scene fill up an information report and ask for the victim’s permission to forward his or her data to a victim support specialist. In that case, the specialist comes into contact with the victim.
State Compensation to Victims of Crime• State compensation is paid to victims of crimes of violence committed in the territory of Estonia and to their dependants. Also, the compensation is paid to the victim of a crime of violence committed abroad if the victim is a permanent resident of Estonia or an Estonian citizen who does not reside permanently in Estonia and was abroad for reasons related to studies, employment or service duties or for other good reasons and if the victim is not entitled to similar compensation under the law of the country where the crime was committed. If the victim dies, compensation shall be paid to a dependant who was permanently residing in the Republic of Estonia at the time when the crime of violence was committed.
State Compensation to Victims of Crime• For the purposes of Victim Support Act, a crime of violence is an act committed against the life or health of a person which is punishable pursuant to criminal procedure and as a result of which:1.the injured person dies,2.sustains serious damage to his or her health,3.or sustains a health disorder lasting for at least six months.
State Compensation to Victims of Crime• Compensation for expenses for the medical treatment of a victim shall be paid to the person bearing the expenses.• Compensation for funeral expenses in the amount of 448 Euros shall be paid to the person who bears the expenses relating to the funeral of a victim of a crime of violence. Also, the dependants of a victim who dies as a result of a crime of violence shall receive compensation based on the victim’s previous income as follows:• 75 per cent of the income in the case of one dependant;• 85 per cent in the case of two dependants;• A total of 100 per cent in the case of three or more dependants.• The amount of compensation payable to one victim and all of his or her dependants on the basis of the Victim Support Act shall not exceed 9590 Euros.
State Compensation to Victims of Crime• Compensation shall not be paid if the victim caused or facilitated the crime or damage by his or her intentional or reckless behaviour;• the victim fails to give notice of the crime within fifteen days, although he or she would have been capable of doing so, and the police have not become aware of the crime in any other way;• the victim has been convicted of a crime of violence and information concerning his or her punishment has not been deleted from the punishment register;• payment of compensation would be unfair or unjustified for other reasons.
State Compensation to Victims of Crime• These circumstances also apply to a dependant of the victim. However, regardless of the circumstances, compensation may be paid to a dependant whose monthly income is below the subsistence level established by the Estonian Government on the basis of the minimum consumption expenditure.• Also, payment of compensation may be refused if the applicant for compensation has refused to co-operate with the law enforcement authorities in ascertaining the facts relating to the criminal offence, identifying or apprehending the criminal offender or proving the damages.
Compensation for Cost of Psychological Care• In 2007, the Victim Support Act was changed and since then a victim of an offence not resulting in death, serious damage to his or her health or disability lasting for at least six months, has the right to receive compensation for the cost of psychological care in an amount equal to up to one minimum monthly wage.• In 2013, the sum is 320€ per person.• The compensation can cover counselling, psychotherapy or attending a support group.
Compensation for Cost of Psychological Care• Children, parents and grandparents and other family members specified in subsection 22 of the Estonian Social Welfare Act of a victim of any offence are also entitled to the compensation if their ability to cope has decreased due to an offence committed with regard to the victim. Compensation shall be paid in an amount equal to up to one minimum monthly wage per family member, however, not more than in an amount equal to up to three times the minimum monthly wage per family.• The full text of the Estonian Social Welfare Act in English can be found on the following link: http://www.legaltext.ee/et/andmebaas/tekst.asp?loc=text&dok
Compensation for Cost of Psychological Care• According to the Victim Support Act, the provider of the specified care needs to match up to certain standards:• Is registered as an health care professional with the Health Board or as a clinical psychologist or a school psychologist in the register of professions;• Operates as a sole proprietor, is in employment or law of obligation relationship with a sole proprietor or legal person holding an activity licence for providing specialised psychiatric care;• Whose activities as specified in the articles of association include provision of the psychological counselling, psychotherapy or support group services.
Compensation for Cost of Psychological Care• The application for the compensation for cost of psychological care has to be filed within one year after the crime. However, the time during which the compensation has to be used, is not limited.• When applying for the compensation of psychological care, it is essential to present a personal ID, a certificate from the preliminary investigation authority stating that criminal proceedings have been started, birth certificate and documents to prove guardianship, if the applicant is a juvenile. When the victim has died, a death certificate or proof from the preliminary investigation authority is needed.
Mediation Service• A section on conciliation (mediation) came into force in 2007 in the Code of Criminal Procedure. Since 18.02.2007, it is also stated in the Victim Support Act´s Chapter 22 § 63 that specially trained victim support specialists also work as mediators (Estonian Victim Support Act refers to mediation as conciliation).• Mediation service is a public service which consists of organising the mediation procedure provided for in § 2032 of the Code of Criminal Procedure and monitoring of compliance with the requirements of a written agreement entered into as a result thereof.
Mediation Service• Mediation Service was created as an alternative to the punishment in criminal justice.• It can only be implemented when someone has committed a second degree criminal offence, the circumstances of the crime are clear and there is no doubt about the perpetrator(s).• The ruling about the implementation of the mediation service is issued by the prosecutor or court and it has to be approved by both the victim and perpetrator. When the victim of crime is a juvenile and the perpetrator is an adult, mediation service cannot be implemented.
Mediation Service• The mediator meets with both parties and explains the mediation process.• The interests of both the victim and offender are under consideration giving a chance for both sides to express their feelings about the committed offence.• Each mediation procedure only focuses on a specific offence; all past occurrences cannot be mended at once.• Mediators cooperate with psychologists, psychiatrists, debt counsellors, women shelters, child protection specialists and other specialists.
Mediation Service• Victim gives his or her proposal(s) about the conditions of the mediation agreement and is therefore part of the decision making procedure.• The conciliator explains the proposal(s) to the perpetrator(s). If both parties find these conditions acceptable, a written agreement will be signed.
Mediation Service• The duration of mediation agreement is six month during which the perpetrator(s) have to fulfil the agreement and the conciliator has the responsibility to monitor the fulfilment of the agreement.• In case of failure, the criminal case will be renewed. From 2007, when mediation in criminal proceedings was initiated, until 2010, 3% of cases were renewed.• Sometimes the process itself is more important than the final result and the aim is for both parties to feel satisfied with the mediation process.
Thank you for your attention!