Without Psychological Assistance, Emotional Support and a Litigation Friend – The Ombudsman on the Situation of the Victims of Crime

The information on the possibility to get support from the state does not reach all victims of crime. There are but a few specialists, no way to hire psychologists, system management is not efficient enough. The Ombudsman has published a report on the situation of the victims of crime.

Each year more than 200 thousand people become victims of crimes endangering their physical and/or mental health, their right to property. Commissioner for Fundamental Rights Máté Szabó has investigated the operation of the victim support service: how can the state contribute to mitigating the consequences of unlawful acts if it could not protect its citizens from crimes and perpetrators.

The predictability of the state support system and the implementation of the requirement of legal certainty demand that those concerned had early access to all information helping them to choose whether or not to avail themselves of the services of victim support. Nevertheless, the Ombudsman has established that the police, irrespective of their legal obligation, do not inform the victims of their options, or they do it belatedly or in an ineffective way. It explains that only 9 per cent of the victims in need and only 4 per cent of the victims of serious crimes turn to the service for help.

The findings of the investigation show that it is rather difficult to get support outside the county seats. According to the Commissioner it jeopardises the requirement of equal opportunity stipulated by the Basic Law. The Ombudsman has pointed out that there are several factors reducing the efficiency of the service's operation and, therefore, making difficult to render appropriate assistance to the victims. Among those factors one can mention the reduction of the number of victim support specialists, the lack of their training and supervision (i.e. "spiritual maintenance"), the separation of professional supervision from the regional services, and the system's organisational division and integration into the public administration. Although it is made possible by the law, the service cannot hire psychologists due to budgetary considerations.

Another problem is that during the investigative phase of the criminal proceedings the victim may not be represented by an attorney acting as a litigation friend supported by the state. According to the Ombudsman, the state could be expected, under the requirement of fair process, to help victims who have suffered serious trauma and who are stranger to law to have their interests and rights protected and to fulfil their obligations.

The Ombudsman has forwarded his findings to the Minister of Public Administration and Justice, the Chief of the National Police and the President of the Office of Public Administration and Justice requesting them to remedy the issues uncovered in the course of his investigation.

The Hungarian text of the report/petition may be found at: http://www.ajbh.hu