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Antidiskriminierung

Antidiskriminierung
Source: Stefan Gloede

Beratung Betroffener rassistischer Diskriminierung

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2010-01-25

4.2.4.5 Other Crime Victim Support Organizations

During the last decades, the subject of counseling for general crime victims has become more widely accepted in Germany. This has led to a growing number of organizations who support all victims. These organizations are often seen as important partners in developing strategies to support victims of right-wing violence and related hate crimes. Common to all of these groups and institutions is their focus on victims and witnesses of criminal offenses, as categorized by the Criminal Code. A wide range of services are offered such as information on legal and psychological support, benefits and compensation, escort services to the police and other authorities. However, the necessary preconditions for victim counseling— qualification of personnel, continuity of counseling processes, experience and expertise, secrecy and solidarity, supervision and reflection of counselors, and the required structural capacities and resources — are being facilitated by general victim counseling organizations to varying degrees. Besides their individual profiles, counseling providers differ in two main areas: the degree of professionalization and their private or public structure.

Voluntary, Non-professional Victim Support Initiatives

The White Circle (Weißer Ring) is the best known of all voluntary, private associations working on behalf of crime victims and their relatives in Germany. The association offers initial counseling, support in dealing with authorities, an escort to court hearings, checks for initial psycho-traumatic and initial legal counseling (see Chapter 2.2.3. for more information on benefits and compensations for victims). Further financial benefits are available in specific cases, but do not include compensation payments. According to the White Circle, the organization has allotted approximately 141 million euros for victim support measures since its establishment. The necessary funds are raised by about 60,000 members, donations and crime compensation funds paid by offenders at sentencing. (9) The roughly 420 counseling services throughout Germany are run by close to 3,000 volunteers. Members of the association can become staff members by holding three supervised counseling sessions, attending a basic course on the legal and psychological basics as well as participating in talks that assess their qualifications for becoming a counselor. Traditionally, police staff is strongly represented at all levels of the organization. (10) As it is mandatory for members of law enforcement agencies to report any criminal offense they hear about, police officers working as voluntary victim counselors cannot guarantee confidentiality if the victim discusses previous crimes for which they might have not wished to officially report. Furthermore, those counselors might find themselves in a conflict of interest and experience difficulties in supporting victims’ interest vis-àvis the police. The victim’s independence and confidentiality might, thus, be violated in individual cases.

Finally, the White Circle is known for its rather conservative stance on crime policies. It favors, for example, repressive and get-tough measures over civil rights, and demanding the »deportation of criminal foreigners.« (11) In contrast, examples in which the White Circle takes a stance on right-wing extremism can hardly be found. Nevertheless, counseling organizations for victims of hate crimes are actively cooperating with the White Circle, mainly with regard to providing funds to victims for legal advice.

Professional Victim Organizations Run by NGOs

Thirteen general victim support organizations from eight federal states, run by NGOs, are organized in the Committee of Victim Counseling Services in Germany (ado). This umbrella association defines the following as essential principles: voluntary participation, confidentiality, anonymity on request and counseling free of charge. Filing a criminal report should not be a prerequisite for having access to services. Most of the member associations offer basic forms of psycho-social counseling, advice on legal options, criminal procedures, financial support and compensation. Practical support encompasses psychological »first aid,« an escort to authorities, placement with other institutions etc. Psychotherapy is offered by the licensed team of Victim Support in Hamburg. Some organizations, especially those from the state of Hesse, offer offender-victim settlements. Supervision and training by external specialists are a standard among ado-members; most have additional institutionalized intervention services and in-house trainings.

Ado defines an essential element of their work as »being dedicated to taking the crime victims’ side. [This] can lead [victim counseling institutions] to express a great deal of criticism about how the police’s criminal investigation and the judiciary handle the case, and [it] therefore requires the victim counseling institution and its team members to be independent from state institutions.« This umbrella organization has published standards that strongly recommend a non-governmental structure and even a spatial detachment from state institutions, unless such proximity is an explicit part of the institution’s concept. (12)

State-controlled Professional Victim Counseling Services

Standard auxiliary services of the courts—preparing defendants for criminal procedures, as well as probation services and offender-victim settlements—are usually offered under the roof of the Social Services of the Judiciary (Soziale Dienste der Justiz) in the German states. In cooperation with NGOs, some federal states such as Saxony-Anhalt and Berlin also offer crime victim support services, which are similar to the ones of professional, independent organizations. (13) It cannot be determined at this point the extent to which close cooperation between these organizations and state institutions discourages potential clients from working with victim support organizations, if at all. The Foundation for Victim Support in Lower Saxony (Stiftung Opferhilfe Niedersachsen) organizes and coordinates crime victim support under the guidance of the Ministry of Justice. It provides funding to victim counseling services across the state. They have many branches, some of which are located in buildings where local public prosecutors work. Victim Support in Hamburg has voiced criticism over the integration of victim counseling into law enforcement agencies because it compromises the independence of NGOs. (14)

In some federal states, police commissioners for victim protection act as mediators between crime victims, police, and state or non-governmental victim support organizations. Informing crime victims about counseling and support options is one of their main tasks. They are also responsible for dealing with complaints and ensuring that law enforcement agencies treat crime victims appropriately. (15) However, due to limited capacities, these commissioners for victim protection do not actively engage in counseling themselves.

Across all German federal states, counseling institutions and services for crime victims take distinct forms, ranging from volunteer-run associations such as the White Circle to NGOs offering professional services under the supervision of public prosecutors. It is highly contested whether the current structures are prepared to support victims of hate crimes, and the way in which they provide services is under scrutiny. Various interviewees raised concern about the need for professional quality standards that would prevent secondary victimization; other concerns relate to questions of accessibility and trust. None of the general victim support organizations we interviewed conducts outreach activities for individual cases at this time. Additionally, organizations that work closely with state authorities, especially law enforcement agencies, might put the client’s trust regarding the confidentiality of the support services at risk.

9. Weiβer Ring, http://www.weisser-ring.de/internet/weisser-ring-e-v/index.html.
10. Rost, Hubert 2006. Opferschutz—Weißer Ring: LKD Weber folgt auf Franz Kirchberger, Ministerium des Innern und für Sport Rheinland-Pfalz, press release, 13 Oct 2006, Mainz.
11. FAZnet, 5 Jul 2008; Der Spiegel, 11 Jan 2008.
12. Arbeitskreis der Opferhilfen (ADO) (n.d.). Opferhilfestandards des ADO: Qualitätsstandards für eine professionelle Unter-stützung von Kriminalitätsopfern, Berlin, p. 4. For example, institutional lines are being crossed by the private association, Opferhilfe Berlin, which hosts two employees of the judiciary social services. Kirchner, Renate 2003. Opferhilfe: Hilfe für Opfer von Straftaten in Berlin. In: Berliner Forum für Gewaltprävention, Vol. 4, Nr. 12, p. 106-109: p. 106.
13. Kirchner 2003. Opferhilfe. For Saxony-Anhalt see: Ministerium der Justiz des Landes Sachsen-Anhalt (n.d.). Sozialer Dienst der Justiz, Magdeburg.
14. Interview with Victim Support in Hamburg.
15. Dose, Jochen; Linke, Martina 2003. Opferschutzbeauftragte der Polizei. In: Berliner Forum für Gewaltprävention, Vol. 4, Nr. 12, p. 111-115: p. 113.

(OPP)

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