Empowering Victims of Organized Crime: On the Concurrence of the Palermo Convention with the Un Declaration on Basic Principles of Justice for Victims

Abstract

In the year 2003 the United Nations Convention against Transnational Organised Crime and its protocol against Trafficking in Persons will come into force and create new obligations for State Parties. Both legal instruments contain specific provisions on the rights of victims of organised crime and corruption and of trafficking in persons respectively. An analysis is made of the concurrence of these provisions with the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, adopted by the General Assembly in 1985. Several of the main principles of justice for victims, such as the right to be protected against offenders, to claim compensation from the offender and to present views in court are honoured by the new legally binding instruments. The Convention and its protocol will give a new global impetus to criminal justice reform on behalf of victims. The right to claim compensation and express views are especially important for representatives of collective interests, such as NGO's supporting victims of trafficking. Such victim representation has become a regular feature of anti-Mafia trials in Italy. In some other respects, however, these instruments fall short of the UN standards. The rights to be informed, to receive legal assistance, to privacy protection and to state compensation are all notably absent. The Conference of State Parties which will oversee the implementation of the Convention and its protocol should critically assess the practical impact of the victim provisions and make proposals for improvements where appropriate.