112TH INTERNATIONAL TRAINING COURSEREPORTSTHE
COURSEREPORTSOF
OF THECOURSEGROUP 1
VICTIM ASSISTANCE: PUBLIC PARTICIPATION FOR MORE
EFFECTIVE CRIME PREVENTION AND LAW ENFORCEMENT
Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Members

Advisers

Mr. Ghazali Bin Hj. Md. Amin
Mr. Maxime Antoine Tirant
Ms. Donna Lynn Caparas
Mr. Kouji Yamada
Mr. Pa Hamady Jallow
Mr. Haruhiko Ishida
Mr. Nobuo Nakamura
Mr. Nawaz Ul-Hvq Nadeem
Professor Shoji Imafuku
Professor Chikara Satou

I. INTRODUCTION
The importance of public participationin the effective functioning of the criminal
justice system and in preventing crimes isan acknowledged fact. The necessity toencourage and mobilize citizen
participation can not be overemphasized,
because the criminal justice system can notwork in a vacuum. Likewise, pastexperiences have proven that public
participation is indispensable for the
success of any crime prevention program.
As reforms to maximize citizen
involvement in the criminal justice system
gradually take root in the individual
pillars, this paper will focus on public
involvement at the police level. The paper
will cover three (3) main topics, thisincludes: 1) participation of the public inpolice investigation; 2) community policing
and 3) victims assistance at theinvestigation stage. It should be noted
however, that this paper is prepared fromthis perspective of criminal justicepractitioners, most of whom are law
enforcers (public officers, prosecutors).

(Malaysia)(Seychelles)(Philippines)(Japan)(Gambia)(Japan)(Japan)(Pakistan)(UNAFEI)(UNAFEI)

II. PARTICIPATION OF THE
PUBLIC AND VICTIMS IN POLICEINVESTIGATION
A. Situational Analysis
The basic objective of police work is themaintenance of law and order, thepreservation of peace, the prevention anddetection of crime, the apprehension of
offenders and the promotion of public
safety. This concept of police work is
universal, even if there are slightdifferences in the procedures of eachcountry, largely dependent upon existinglaws.
As regards police methods andprocedures of investigation, the detectionof criminals, collection of evidence andmanner of crime reporting, the present
situations in the countries represented arevery similar. In all countries, reporting canbe done in three ways: 1) personal reporting
to police stations (police stations, koban,
police counters, etc.); 2) written reportthrough letters of complaint; 3) telephone
hotlines. However, in the Philippines,
certain offenses should be reported to theB a r a n g a y 1; t h i s i n c l u d e s o f f e n s e spunishable by imprisonment exceeding one

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RESOURCE MATERIAL SERIES No. 56(1) year or a fine exceeding 5,000 pesos.
Examples of these offenses include slightphysical injuries, slander, threats, theft,
evicition, family or marital relations,collection of debts, damage to property andother petty quarrels amongst neighbors.
Malaysia has “paperless investigation”,
wherein reporting is only inputted in acomputer file.
Unlike other countries, whereby
vicitims and witnesses are not legallybound to report crimes, in Pakistan every
person is legally bound to report thecommission of certain offences like murder,
robbery, dacoity and bribery.
The police should make an effort
towards ensuring that the public
understands their role in the investigation
process, so as to encourage maximum
participation. The public must assume
some sort of a shared responsibility in themaintenance of peace and order in thec o m m u n i t y, e v e n i f t h e p r i m a r y
responsibility of enforcing law and orderstill rests with the police.
The police expect the public to cooperatewith them specifically at the three stagesof the investigation process. As regards
crime reporting, which is considered to be
the first stage, the police expect the public
to willingly report crimes and unusual
incidences. The second stage, which
involves collection of evidence, the police
expect the public to provide information,
be willing to be a witness (by giving police
statements), identifying suspects,
recognizing weapons, etc, and by nottampering with evidence. During theapprehension or arrest stage, the police
expect the public to assist in locatingsuspects, giving information (hideouts etc),
providing logistical assistance liketransportation and communication, if
necessary.

260

At this point, it should be noted that thegroup had a lengthy discussion on whether
to expect the public to conduct citizenarrests or not. According to someparticipants, the police expect the public
to exercise their right of citizen arrest
because the police can not be everywhere,
everytime. The representatives from
Gambia, India, Pakistan and the
Seychelles declared that this expectation
is appropriate since the laws of theircountry provide for this. Any private
person may arrest or cause to be arrested
any person who in their presence commits
a non-bailable and cognizable offense, andwithout unnecessary delay, shall take any
person so arrested to a police officer orpolice station. According to the laws ofthese countries, every person is bound toassist in the prevention or suppression ofa breach of the peace, or in the preventionof any injury. However, Japanese
representatives noted that the police
should not expect the citizens to make anarrest. They also noted reservations
especially in relation to the issue of “mobjustice” and “arrest without warrant”.
B. Hindrances that Impede Public
Participation and Cooperation
The best performance index for thepolice service is the quality of therelationship established between the police
and the community they serve. The
perception of the community by the police,
and vice-versa, accounts for the kind ofpolice-community relations that prevail.
Favorable public perception suggests
acceptable police behavior and ready public
support. An unfavorable image spells
trouble. It should be noted that public
perception is rather negative in somecountries.
Police effectiveness is derived fromexternal focus on how the community
perceive their activities, and their
willingness to help in enforcing the law. It

112TH INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE
is therefore important that good policecommunity relations be nurtured, as thiswill increase community involvement incrime prevention and control processes.
The public has valid input for a better
police service.
1. Police Factors (Negative Police Image)(a) Unsatisfactory Police Performance
When the police do not detect andinvestigate criminal cases sufficiently
and effectively, this prevents the
public and victims from counting on
and cooperating with the police. At
present, a number of deficiencies
affect police performance(i) Police human resources:• Insufficiency of investigativeskill, manpower and legal
knowledge.
• Inflexibility of police officers.
• Insufficiency of coordination
amongst law enforcement
agencies and with othergovernment offices.
(ii) Logistics:• Insufficiency of not only
modern but basic equipment
and supplies.
(b) Lack of Awareness Regarding Issuesof Victims (Secondary Victimization,
Victims’ Rights, Sensitivity to the
Plight of Victims etc.)
Some police officers are not evenaware that they commit secondary
victimization in the course of theirinvestigation. The routine of police
work sometimes causes them to be
indifferent and callous to the plightof victims. Secondary victimization
can be committed in the cource ofpolice questioning.
Such
victimization occurs when the policecause unnecessary delay; ask
unnecessary questions; makeunnecessary remarks, allow themedia to access investigation; create
an atmosphere of fear for the victim;
prejudge the situation; discriminate
because of race, colour or religion; orwork for possible reconciliation
without permission from the victim.
Some specific examples of secondary
victimization are: showing
photographs of the family members
killed, investigating a victim
immediately after undergoing severe
medical treatment, arbitraryscheduling of questioning, or having
the victim relate the story too manytimes.
(c) Low Police Morale
The morale of police officers affects
their performance. If they have low
morale and do not have the rightattitude towards their work, the kindof service rendered to the public isshortchanged.
(d) Political Influence
Police fear reprisals as they can betransferred or reassigned to a remotearea or a less important position if
they refuse to cooperate with
influential politicians.
2. P u b l i c a n d V i c t i m F a c t o r s(Uncooperative Attitude)
A basic condition for an effective andefficient criminal justice system is thegenuine trust and confidence of the generalpublic. It is this trust and confidence thatspells the difference between an actively
supportive public and an apathetic
community. Encouraging citizens to get
involved is no easy task. Currently, thefollowing conditions of the uncooperative
attitude of the public are observed in someof the participating countries:(a) Uncooperative Attitude due to Fearof Political Interference in the Police
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RESOURCE MATERIAL SERIES No. 56
Public and victims in some countries
fear that nothing will come of theinvestigation, in spite of their efforts,
because someone more “influential”
has a hand in things (incidences ofwhitewash; political vendetta;
complaint not being entertained
because of the political leaning of thevictim or witness, etc.)(b) Uncooperative Attitude due to
Pressure from the Community(Traditional Values)
In some countries, the concept ofjustice is heavily culturally laden.
Victims and witnesses are often
reluctant to report crimes for fearthat it will affect their stature insociety. They are likewise concerned
about less confidentiality in acommunal society, wherein people
tend to talk about and make fun ofthe misfortunes of others. Thissituation may bring shame for thevictim and their family if the event
occurred because of their own
negligence or if the offense is delicate(eg, those involving sexual offenses).
Since most communal communities
are quite small and people know eachother, victims and witnesses often
fear reprisal from offenders or fromthe offenders family and friends.
There are even instances wherein thecommunity would view theirreporting or cooperation with thepolice as a “breach of brotherhood”.
In the Philippines, this breach ofbrotherhood is a violation of the valueof “pakikisama”2. In Gambia, this iscalled “badia”3.
(c) Uncooperative Attitude Due toMaterialism and Individualism
Another observation is that people
are uncooperative because they are
too busy earning a living and do not
like to be bothered. They do not care262

much about the good of society andthink only of themselves.
(d) Lack of Incentives for the Public
The public do not have enoughincentive to assist in the investigation
process. They are expected to doleout money for transportation to andfrom the police station, and tosacrifice possible earnings because ofspending time for the investigation.
Often times, their efforts go
unrecognized.
(e) Lack of Awareness of Criminal
Procedures
Most people are uninformed about
the proper way of reporting crimes orfiling a complaint. They are often
also not aware of distinguishing thevarious types of offences and suchsituations may discourage them.
3. Unfavorable Environment Created by
Mass MediaThe Media has to play a positive andconstructive role as a channel of
information and as a line of communicationfrom the government to the people, andfrom the people to the government. Media
must make the public more aware andconscious of the problems of criminality, thesociology of crime, the machinery of thecriminal justice system, the imperfections
and problems besetting the criminal justicesystem, and the arduous process ofprosecution.
H o w e v e r, u n t o w a r d e v e n t s a r esometimes caused by the media. Mediasensationalism, unfortunately, creates anegative impact on public trust andcooperation. Media sensationalism isidentified as a common problem in all
countries. Some media practitioners give
particular “colour” to issues to add to thecommerciability of the medium.
Sometimes they go to the extent of

112TH INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE
glorifying crimes and criminals, andpractice irresponsible reporting.
C. Recommendations
1. Police(a) Enhancing Police Education
Improve the treatment of crime
victims by enhancing police educationin the fields of human psychology,
v i c t i m s e n s i t i v i t y, a n d c r i s i sintervention, especially in handlingdomestic violence cases and sex
offences. Such training programs are
currently being locally conducted inJapan, Pakistan, the Philippines, andthe Seychelles. Police officers in
Gambia and the Philippines are also
trained overseas for this purpose. In
Malaysia, training for senior police
officers is held every year and aninternational police training courseis sponsored by the government
which is participated in byneighboring countries like Brunei. In
the USA, all police officers are given
training on victim’s rights, how totreat people in distress, crisis
intervention and other victim issues.
Proper police education should becontinuously conducted to meet
victims with respect and sympathy,
and to make diligent efforts towards
not hurting their feelings, andavoiding secondary victimization.
(b) Improved Police Performance
The best image-building program isgood police performance. Efforts
should be made toward achieving
higher crime solution rates,
promoting better police
accountability and preventing
corruption. Such effort can be
maintained by means of the propermonitoring of police services. Aninternal system of inspection andmonitoring in the police force iscurrently being practiced in all

countries. However, an independent
performance evaluation scheme, likethat practiced by the Public Safety
Commission of Japan and the
National Peace and Order Council of
the Philippines, seems more
appropriate to truly effect anunbiased evaluation.
(c) Promote Better Relationships with the
PublicThe police must make a conscious
effort towards creating a conducive
atmosphere for the public to reportcrimes. One strategy is community
policing.
(d) Equipment and Supplies
Provide basic equipment andsupplies, and procure modern
equipment by tapping available
resources from the government andprivate sector. However, conditions
for donations from the private sector
should be properly laid out by eachcountry.
(e) Provide a More Comfortable
E n v i r o n m e n t f o r Vi c t i m s a n d
Witnesses
Providing a condusive atmosphere forcrime victims and witnesses means
establishing specific windows/
counters for victims, providing
receiving rooms, deploying courteouspolice officers to man the counters,
and providing women investigatorsfor victims of sexual crimes ordomestic violence.
Japan has provided victims with areceiving room. Malaysia has
installed ‘Victim’s Counters’ in police
stations and has a Mobile Police
Complaints Center (bus) which canbe deployed to the scene of the crime.
The Philippines has established‘Women and Children Concerns

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RESOURCE MATERIAL SERIES No. 56
Desks’ nationwide. Policewomen toinvestigate crimes of domestic
violence and sexual offenses arecommon in Gambia, Japan, Malaysia,
Pakistan, the Philippines, and the
Seychelles.
(f) Provide Information to Victims andWitnesses
The police should provide sufficient
information to victims and witnesses,
including explanation of criminal
justice procedures, available services,
status of the case investigation, andsituation of the offender.
A victims notification system iscurrently being practiced in Japanand the Seychelles. In the Seychelles,
a Complaint’s Acknowledgement
Form is issued to victims upon
reporting a crime. The form consistsof the complainant’s name, address,
date and time the report was made,particulars of the compliant, name ofthe officer receiving the complaint,
the case number, relevant telephone
numbers, date on which the victim
may check back for the outcome of thecase.
The notification program to victims
in Japan is based on the Code of
Criminal Procedure, wherein a publicprosecutor should promptly notify thecomplainant, accuser or claimant of
the result of the disposition (CCP
article 260, CJLJ p. 129). Therefore,
the notification program to victims
was launched on 1 April 1999. Whenthe victims, a bereaved family
member or witnesses desire
notification, a public prosecutor shallinform orally or in writing as follows;(1) the disposition of the case (e.g.
prosecution for the formal trial,
prosecution for the summary
proceedings, non-prosecution or

264

referral to the family court); (2) inprosecuted cases, the name of thecourt and the date of the trial; (3) the
result of the judgement, sentencing,whether to appeal to a higher court;(4) the summary of the prosecuted
offences, the heading and summaryof the non-prosecution, whether todetain, bail etc.
(g) Strengthen Coordinative Mechanisms
with other Government Agencies
The police should maintain
coordinative mechanisms with othergovernment agencies. One of themeasures recommended is the
deployment of police personnel in
hospitals. A police counter isrecommended at least at the district
hospitals. This is currently being
practiced in Gambia and Malaysia.
In these countries, police counters are
set up in district hospitals so as toassist and/or monitor unusual
occurences which necessitate medical
attention. By setting up police
counters in the hospital, victims or
witnesses are provided with easieraccess to police services andtherefore encourages reporting.
Likewise, the police can also lookafter or monitor suspicious
occurences (i.e patients with gunshot
wounds, etc).
(i) Provide a System for Reimbursing
Transportation and Allowances forVictims and Witnesses
In Japan, victims and witnesses areprovided with actual transportation
reimbursement, accommodation
expenses, and allowances ranging
from 5,000-7,000 yen.
(j) Victims Complaint Sections or
Grievance Procedures
Establish a victims complaints
section or a grievance procedure112TH INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE
within the police station and an
independent body for complaints
against the police (disciplinary body).
The independent body being proposed
can be similar to the Peoples Law
Enforcement Board of the Philippines
or the Public Complaints Bureau in
Malaysia. People empowerment, asa strategy in the administration ofpolice, finds actualization in theorganization of the People Law
Enforcement Board (PLEBs) in thePhilippines. Under R.A. 6975, the
PLEBS are vested with thejurisdiction to hear and decide
citizen’s complaints against thepolice. PLEB members are appointed
by the local executive on therecommendation of the local Peace
and Order Council. PLEB members
are acknowledged and respectedindividuals from the community.
The Public Complaints Bureau of
Malaysia is under the Public Services
Commission and is responsible to thePrime Minister’s Department. Itstask is to receive all complaints
against public servants. The
complaints will be referred to theproper department concerned andthat department will investigate andtake the necessary action. The said
department is also asked to report it’sactions to the Complaints Bureau.
The report of the complaint will befurnished to the complainant.
(i) Establish an Independent Institution
or Committee to Monitor Police
Services
Monitoring of police services should
be done by a separate independentagency. This is being practiced in
Gambia (Police Commission), Japan(Public Safety Commission), Hong
Kong (Independent Police
Complaints Council), Malaysia(Police Commission), and thePhilippines (National Police
commission). These commissions
involve representatives from thepublic. The purpose of thesecommissions is to supervise andadminister the police force, and to
draw out policies for the police.
The Public Safety Commission ofJapan consists of a chairman who is
the Minister of State, and fivemembers. The members of theCommission are appointed by thePrime Minister, subject to theapproval of both houses of the Diet.
The National Public Safety
Commission was founded 1954, andit has since played a significant rolein securing democratic
administration and the politicalneutrality of the police. The majortasks of the National Public Safety
Commission are administrative
supervision over police activities
relating to national public security,and coordination of the police
administration, by the formulation ofstandards for activities by police
personnel.
The Malaysian Police Commission
was formed under the Police Act
1967. The Commission is chaired by
the Minister of Home Affairs and themembers are appointed by the
Minister from amongst
representatives of the judiciary andformer senior government officers.
Its role and function includes mattersof discipline and career improvement(promotion).
2. Public and Victims(a) I n i t i a t e o r I n t e n s i f y P u b l i c
Information and Education
Programs (with Particular Emphasison the Procedural Stages of the265

RESOURCE MATERIAL SERIES No. 56
Criminal Justice System; the Role of
the Public in the Criminal Justice
Process, etc)
• Police to conduct public education
programs by community seminars
or dialogues, and/or by target
groups (students, office workers,
housewives, etc).
• Exhaust the use of radio, TV andprint for criminal justiceinformation and education (print
and broadcast).
• Work for the inclusion of such
subjects in school curriculums formal education.
(b) Public Information
Initiate moves to institutionalize thepolice duty to provide necessary
information to the public, especially
victims and witnesses, on the caseprogress; information on available
services like witness protection,
providing information on hotline
numbers in case of emergencies, etc.
(c) Adopt a Reward System for the Public
The police should always appreciate
the efforts made by the public. This
recognition can be made by awarding
certificates of appreciation toindividuals who have rendered
exemplary assistance, specificallyduring police anniversaries or
ceremonies. The reward may also be
a monetary token. Such appreciation
may encourage more people tobecome involved.
3. Media Management
The police must initiate diligent efforts
toward giving the public the rightinformation. This can be done bycoordinating with the media and by issuing
official police press releases, regularconduct of media dialogue, and by
establishing an office in the police service
which is responsible for public relations or

266

public information, to enhance accessibilityof information to the media.
The criminal justice system can engage
the forces of the mass media, along withvigilant citizen action at the local level, inthe effective fight against crime. Thus, aradio, TV and print communication planon the criminal justice system should belaunched to inform the public of its criticalrole in the prevention and control of crime.
Public appearances on radio and television
programs by law enforcement officials andother criminal justice personalities serve
to assure the people of the government’s
sincerity in cracking down on organizedcrime groups and other criminal elements.
III. COMMUNITY POLICING
A. Community Policing Concepts
1. Common Understanding
Community policing is an activity toattain the police objectives of maintaining
peace and order, preventing crimes andpromoting public safety. Community
policing works on the assumption thatcrimes cannot be adequately met by law
enforcement and coercion.
Community policing is both a goal andan organizational strategy that allows thepolice and community residents to work
closer together in new ways to solve
problems of crime, fear of crime, physicaland social disorder. Community policing
envisions the police will actively engage inlarger social issues.
Community policing emphasizes acooperative relationship between the police
and the community, It is a system ofpolicing mobilizing the community to solve
the problem of crime and for ensuring
public safety. The objective of community
policing is to establish a closer relationshipwith the community to attain better public
participation for more effective police work.

112TH INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE
Community policing is geared towards
crime prevention and crime control bypromoting awareness, disseminating
information, education and mobilization. Itshould be noted that the flow of information
is a very vital factor in community policing.
Information can be channeled from thepolice to the public; from the public to thepolice. Community policing is pro-active
rather than reactive.
2. The Purposes of Community Policing
There are four identified purposes ofcommunity policing:(a) To e n c o u r a g e p o l i c e / c i t i z e npartnerships for crime prevention.
(b) To foster and improve communicationand mutual understanding between
the police and the community.
(c) To p r o m o t e i n t e r p r o f e s s i o n a lsolutions to community problems,
and the principle that the responseto crime is ultimately a total
community responsibility.
(d) To e n h a n c e p a r t i c i p a t i o n a n dcooperation of the public at all levelsof the criminal justice system (police,prosecutors, courts, corrections andrehabilitation).
3. Essential Elements of Community
Policing
There are three (3) essential elementsof community policing:(a) Police Must Understand the Needs
and Expectations of the Community
Community policing is the goal thatguides the attitudes of officers wheninteracting with the community. The
police assume a much bigger role.
Community-policing is problem
oriented policy; officers areencouraged to make decisions about
how to analyze problems, develop
appropriate responses, and interact
responsibly with the community in apartnership aimed at solving
community problems.
(b) The Community Must Actively
Participate in Crime Prevention
Community policing puts a greater
degree of accountability andresponsibility on the community.
Community policing should indicate
a sense of ownership from thecommunity - “this our police”.
There are three (3) basic types ofcrime prevention:• Social/community crime
prevention - social development
programs.
• Crime prevention throughenvironmental planning anddesign.
• Situational crime prevention target hardening, reducing
opportunities and temptations tocommit crimes.
There are four levels of involvement incommunity policing:• 1st level - No objection• 2nd level - Agreement/consent• 3rd level - Support• 4th level - Involvement(c) Community and Police Jointly
Responsible for Community Safety
and Solving Community Problems
Community policing adopts a simple
problem solving model to facilitate
the exchange of information between
public and private agencies,
community groups, and all those who
become part of the problem solving
process. In community policing, thepolice and the community assume
more dynamic roles. Crime
prevention is seen as the shared
responsibility of the police and thecommunity. Fostering effective
partnerships to solve problems is

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RESOURCE MATERIAL SERIES No. 56
crucial because of the scarcity ofresources.

type police outposts called Chuzaisho5, andby those who patrol in squad cars.

B. Community Policing Practices in
Participating Countries
1. S i t u a t i o n a l A n a l y s i s ( P r a c t i c a l
Implementation)
The overall mission of community
policing is to carry out community safety
activities to ensure the safety and peace ofcommunity residents, and to perform
initial-stage police action in immediate
response to any event related to the police.
To better accomplish this mission, thecommunity police seek to take into accountthe opinions, suggestions and requests ofcommunity residents, and to tailor police
operations to the specific needs of each
community.

Neighborhood watch, conducted bycitizen patrol groups, is also a significant
activity of community policing. In thePhilippines, this community patrol (Ronda)
is conducted by the Barangay Tanod orvillage watchmen. In Washington, DC,
USA, this program is called the Orange Hat
Program, wherein residents patrol thestreets using orange hats. The same
scheme is practiced in Kenya, in which
residents of an estate organize themselves
into vigilante groups to perform patrol
duties at night on a shift basis. The City
Rangers in Papua New Guinea conduct thesame type of citizen patrolling. In
Pakistan, community policing includes avillage watch and patrol system,
organization of Citizen Police Liaison
Committees, Khuli Kacheris6, Khidmat
Committees7, Jirga System8, and Union
and Municipal Councils.

Community policing is carried out by the
conduct of a wide range of activities
including crime prevention activities andcrime solving/exposing activities;
maintaining constant alert day and night;
patrolling neighborhoods; exercising street
vigilance; visiting families and businesses
to give advice on the prevention of crimes
and accidents, and listening to their
troubles and requests; holding traffic safetyclasses and crackdowns on traffic violators;
giving counsel to juveniles; protecting the
drunk; protecting lost children; offeringcounselling on troubles and problems.

2. Problems
Consequently, the identified problems
encountered in implementing community
policing are the following:

Community policing is considered as amajor project in Canada, Colombia, Japan,
Kenya, Malaysia, Papua New Guinea,
Pakistan, the Philippines, Singapore,
Thailand and the USA. Some elements ofcommunity policing are being done in
Gambia and the Seychelles. Community
policing will be introduced in Egypt soon.

(a) Resistance of police officers to change.
(b) Lack of manpower - the grouprealized that effective community
policing is manpower intensive.
(c) Lack of logistics - the group pointed
out the problem of resource
maintenance and “sustenance”.
(d) Lack of leadership and commitment
on the part of police officers andcommunity leaders.
(e) Lack of participation from the public.
(f) Strong traditional customs andbeliefs.

In Japan, community policing is mainly
performed by community police officers
posted at street corner police outposts
called Koban4 police boxes and at resident-

It should be noted that according to theparticipant from Gambia, community
policing is unlikely to succeed in some areasin West Africa because of strong traditional

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112TH INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE
customs and beliefs which make activities
of community policing impossible toimplement. However, other participants
opined that the principle of “Rule of Law”
should prevail.
3. Countermeasures
Recommendations for improving
community policing are the following:(a) Police Organizational re-structuring
This can be done by:(i) R e - o r i e n t a t i o n / r e - t r a i n i n g :changing the mindset of the policeon their role.
(ii) Institutionalization of community
policing as a fundamental aspectof basic policing.
(iii)Providing greater job challenge.
(b) Adopting a More Innovative
Deployment Strategy
This can be realized by:(i) Internal reorganization: reexamining the prevailingsituation and pertinent issues
such as decentralization,
development of career generalists
rather than specialists, providing
more flexibility and discretion to
frontline officers (after proper
training), and evaluating
recruitment programs.
(ii) Utilize technology to free up
manpower resources.
(iii)Tapping community volunteer
groups.
(c) Tapping Available Resources in theCommunity
Liaison with business groups, NGOs,
Homeowner Associations etc, andmaintain a good level of coordinationand networking. Some programs
recommended include “Adopt a
Precinct” which is practiced in thePhilippines, wherein a certain civicorganization looks after the needs ofa certain police precinct and gives thenecessary support like logistics andtraining, and even provides somepolice benefits like scholarships forthe children of model cops. In
Malaysia, the “Wakaf” 8 system iswidely practiced. This can be
exemplified by assistance togovernment by private corporations.
For example, a private construction
firm who has built a residential
subdivision may donate a police
station, including a housing area forpolice personnel.
(d) Continuous Public Education
E xhaust all possible areas ofcommunication (TV, radio and print
media) and intensify community
contact activities (seminars,
dialogues, home visits, businessvisits, etc).
(e) Public Education on the “Rule of Law”
In countries where the public are notreceptive to any kind of policing,
public education should be initiatedregarding the ‘Rule of Law’.
(f) Improving Public Participation in
Community Policing(i) Initiate good public relations
programs - give sufficient, andproper information to increase thepublic’s knowledge of police work.
(ii) Initiate measures to have morecontact with the public (homevisits, office visits, community
dialogues, school visits, etc).
(iii) Initiate an integrated crime
prevention strategy:(a) I d e n t i f y i n g c o m m u n i t ysectors (core group or
catalysts).
• Identifying sectors
vulnerable to crime.
• Identifying sectors who
have influence.

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Identifying sectors whoare instrumental inbringing about change.
(b) Identifying target groups:• Juveniles• Retirees• Parents/Teachers• Businessmen(c) Identifying crimes of major
concern and work for theirsolution.
(d) Deployment of more police
officers on the beat.
(iv) Initiate measures of making thepolice service more accessible andmore friendly (installing
structures like the Koban or
Chusaissso, neighborhood police
posts).
(v) Adopt a comprehensive and goodcommunications plan (public
information program, informationand education campaign).
(vi) B e i n g m o r e s e n s i t i v e t ocommunity feedback - regularconduct of needs assessment
surveys, and police performanceand evaluation surveys.
A lot of ground has been covered by the
combined efforts of the government and thecommunity as far as crime prevention andcontrol are concerned. On a macro-level,
several measures, like systematic andorganizational changes, and new policies
have been introduced to enhance
government capabilities to address
problems of peace and order. On a microlevel, the police have shifted from thetraditional reactive, incident-triggered typeof policing to a proactive, problem-solving,community-orientated policing system.
The adoption of community policing has
resulted in a quantum improvement in therelationship between the police and thecommunity. This has resulted in a newpartnership and increased awareness that270

criminality is not solely a police problem
b u t a s h a r e d r e s p o n s i b i l i t y. T h e
precipitating or major causes of crime havebeen brought to the consciousness of not
only the victims, offenders and the police,
but also to a wider spectrum of society that
includes the media, religious sector/church,
legislature and the whole community.
IV. VICTIM ASSISTANCE
A. Definition of Terms
Based on the UN Declaration of Basic
Principles of Justice for Victims of Crimes
and Abuse of Power.
1. Victim
Persons who, individually or collectively,
have suffered harm, including physical ormental injury, emotional suffering,
economic loss or substantial impairment of
their fundamental rights, through acts oromissions that are violations of national
criminal laws or internationally recognizednorms relating to human rights.
2. Secondary Victimization
Victimization which occurs, neither as adirect result of the criminal act nor afurther victimization, but through the
response of institutions (hospitals, media),criminal justice agencies (police,prosecution, courts, corrections) andindividuals to the victim.
B. Effects of Victimization
1. Physical Effects
Physical injuries, physical effects
including insomnia, appetite disturbance,
lethargy, headaches, muscle tension,
nausea and decreased libido, physicaldamage - abrasions and bruises, etc.
2. Financial Effects• Repairing property or replacing
possessions• Installing security measures• Accessing health services

112TH INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE• Participating in the criminal justicesystem, i.e attending trial• Obtaining professional counselling• Taking time off to work or from otherincome generating activities• Funeral or burial expenses• Relocation• Loss of employment
3. Emotional or Psychological Effects
The extent which people may be affectedby crime will vary from one individual toanother. At one extreme, people may shrug
off very serious incidences with nonoticeable effects, while at the otherextreme, people become “stuck” in aparticular stage and never move on. People
who suffer from such emotional effects are
diagnosed of having Post-Traumatic Stress
Disorders.
C. Victim’s Needs
Individual victims have individual
needs. There are 5 recognized needs ofvictims. However, some victims may have
only one or two needs, depending on theimpact of the crime on them:(i) Emotional need - recognition of“own” harm from the Criminal
Justice System (CJS):• Recognition that there is violation
inflicted.
• CJS should initiate efforts so thatthe community and the offender
can recognize the harm.
(ii) Emotional need: support from thecommunity (e.g specific sectors ofsociety like religious groups, victims
groups, etc) as well as from family
and friends.
(iii)Financial need: reparation for theharm.
(iv) Protection and security needs:
effective protection from revictimization or retaliation.
(v) Need of being informed: information
about the offender, the offense andinformation about the CJS.
D. Types of Services Provided toVictims
1. Crisis Intervention
Crisis intervention should seek to ensure
the safety and security of victims. At thesame time, it should provide an opportunity
for the victims to tell their stories, theirreactions to the incident, to be assured of
the validity of their reactions and prepare
themselves for dealing with the aftermathof the incident.
E motional support during crisis
intervention counselling may include
notification of death and occasions for theidentification of the body, and notificationof the offense to the immediate family.
Direct assistance can be done by emergency
referrals or direct assistance with medicalcare, shelter, food, dependent care, property
repair and substance abuse treatment.
Meeting the immediate need for clothing,
emergency/protective shelter, money andtransportation, clean-up of the crime scene
and emergency repairs, protection throughrestraining orders, etc. Information should
likewise be provided to meet the immediateneeds, and victims rights and concerns, like
information about emergency financial
assistance.
2. Counseling
The incident may trigger stress reactions
during the processes of the criminal justicesystem, and after the trial. Victims may
again be traumatized by the verdict,sentence, etc. Some victims simply takelonger to begin to cope with their
victimization and to reconstruct a new life.
Emotional support can be in the form of
supportive individual and group
counselling. Direct assistance may involvereferrals to or direct assistance withprotective shelters. Information should
also be given as to how to prevent further

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RESOURCE MATERIAL SERIES No. 56
victimization and substance abuse,
information and referrals for social,physical health or mental health services.
3. Advocacy
General advocacy services, in order toprovide assistance with applications forvictim compensation or private insurance,intervention to ensure the continuity of thevictims credit, housing or employment,
assistance with protection throughprotection orders, relocation or shelters forvictims when needed, in order to ensure
access to the trial.
4. Examples of Police Support During
Investigation(i) Emotional Support
Accompaniment to occasions for theidentification of the accused and toother criminal justice interviews;
accompaniment to evidentiary
examinations; accompaniment ofvictims for the identification of
bodies, the crime scene and evidence.
(ii) Direct Assistance
Assistance with the prompt return ofproperty, victim compensation,
restitution, protection orders,shelters or safe places available tovictims.
(iii)Information
At first contact with the criminal
justice system, provide informationon the progress of the investigation;
information on the criminal justiceprocess; information on the rights ofthe victims at the scene of the crime
and later in the criminal justiceprocess; provide information on thedetention of the suspect, bail, bond,measures to assure reparation, theprotection of evidence for forensic
examination; information on medical
assistance at the forensic
examination; and information on the272

prevention on further victimization.
E. Situational Analysis
Please refer to Annexure 1, programs/
activities on assisting victims currently
being practiced in the participating
countries.
F. Victims Assistance Programs
As understanding and awareness of theeffects of crime has grown, so to the
responses to crime have become more
complex. Research has brought issues suchas re-victimization and harassment to theforefront, and victimization surveys havehighlighted different levels of risk and the
problem of witness intimidation. All thesedevelopments have illustrated the need for
a community response to crime.
Victim assistance is committed toproviding people affected by crime withappropriate and sufficient recognition,
support and information to help them deal
with their experience, and to ensuring that
their rights are acknowledged andadvanced in all aspects of criminal justiceand social policy.
1. The Goals of Victims Assistance
Programs
The goal of a victim service program is
to assist victims in dealing with emotional
trauma from participating in the criminal
justice process, obtaining reparation andcoping with associated problems caused by
the impact of victimization.
2. The Objectives
The objectives of the program is to do
the following:(a) I n c r e a s e t h e c o m m i t m e n t o f
governments and organizations to do
all that is possible to assist victims.
(b) Increase the range and availabilityof services for victim from the time ofthe victimization, and throughout theaftermath.

112TH INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE(c) Expand the victim’s opportunities toparticipate at all critical stages of thecriminal justice process, and toensure consideration of the impact ofvictimization upon the victim in all
criminal justice systems.
(d) I n c r e a s e c o o r d i n a t i o n a n d
networking of all appropriate
agencies, organizations, groups, andfamilies, kinship and community
support systems providing services tovictims or affecting the treatment ofvictims, in order to develop an
integrated system of victim
assistance.
(e) Improve the quality of outreach toand treatment of victims in need.
(f) Be aware of the unique needs ofu n d e r- s e r v e d a n d n e w v i c t i m
populations.
3. Special Victims Groups
The group members agreed to identify
special categories of victims’ groups which
need professional and specialized
assistance:(a) Domestic violence victims(b) Juvenile victims(c) Victims of organized crime(d) Victims of sex offences(e) Victims of crimes involving police or
PoliceStrengths• More control and more manageable.
• More specialized personnel trained.
• More impartial.
• More accessible for general types ofvictims.
Weaknesses• Limited police budget - scarcity offunds.

military or high ranking government
officials
4. Police Role in Victim Assistance(a) Onsite-crisis intervention(b) Securing medial assistance(c) Information regarding their rights(d) Referrals to services and resources
5. Evaluation
Evaluating the strengths andweaknesses of a victims support
program initiated by the police against
those Initiated by volunteer groups.
G. Recommendations
1. Strategies(a) Work for the establishment of an
integrated victim’s support system or
establish a network of agencies toprovide comprehensive services.
(b) Establish a victim’s support unit
within the police organization (every
police officer has to have a chance towork in the Unit - job rotation after
proper training). Special counters for
women, or women and children’sconcern desks are established inJapan, Malaysia, Pakistan, Papua
New Guinea, the Philippines and theVolunteer Groups
Strengths• Maximize public involvement.
• Reducing costs for CJS.
• More accessible to specific types ofvictims (violence against women,
violence against children, etc).
Weaknesses• No guarantee of confidentiality of
information.
• May lack the needed training .
• May have a particular agenda.

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RESOURCE MATERIAL SERIES No. 56
Seychelles.
(c) Encourage the establishment ofvictim’s support groups initiated byprivate and non-governmentalorganizations similar to the Shizuoka
Victim Support Center and Mito
Victim Support Center of Japan(please refer to a more detailed
explanation in Annexure 3- victim
support programs).
(4) Provide specialized programs forvictims of special categories of crime:(a) Domestic violence victims(e.gMalaysia, Philippines);(b) Juvenile victims (e.g Philippines);(c) Victims of organized crime (e.gJapan);(d) Victims of sexual crimes (e.gMalaysia, Philippines);(e) C r i m e s i n v o l v i n g p o l i c e o r
military or high ranking
government officials (e.gPhilippines - provided by theCommission on Human Rights, or
the National Police Commission).
(5) Provide victims with information on
the available services by employing
suitable measures, depending on theconditions in the country. Examples:
set up a referral system, employing
victim’s advocates (USA).
(6) Encourage citizens to get involved in
victims support programs. The
community can get involved in victim
support programs by:(a) Being a sponsor: victim support
produces and supplies a growing
range of information leaflets forpeople affected by crime. The costof production, translation, anddistribution of the material issometimes very costly. Victims
support offers many opportunities
to sponsor information leaflets

274

and other publications forcompanies who see the merit ofbeing associated with such aworthy cause.
(b) By investing in services liketraining, research andinformation campaigns.
(c) B y b e c o m i n g a v o l u n t e e r volunteers contribute in a variety
of ways, from offering
administrative services, assistingin publicity and fundraising,helping victims cope with theeffects of crime, and as witnesses
in court, etc.
(d) Becoming a friend - annual
donations.
The issue of victims’ assistance is arelatively new phenomenon. A lot of issues
should still be addressed to improve theparticipation of victims and the public in
the criminal justice process. Efforts toimprove the plight of victims, however
meager, prove that governments recognize
the importance of the role they play in thejustice machinery.
V. CONCLUSION
The effective, efficient and fairadministration of justice lies in the smoothand expeditious functioning of the criminal
justice system at different stages andlevels. The flow of cases at these levels
comprise the workload of the machinery,
given the interlocking relationships
amongst the components of the criminal
justice system- law enforcement,
prosecution, courts, corrections and themobilized community. Each component
must strive to be a coherent, efficient andeffective unit for the whole system to fit
neatly together. Of the five components,
the law enforcement pillar constitutes themost critical stage, as it defines theworkload of the entire criminal justicesystem.

112TH INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE
Public cooperation is vital for the system
to work effectively. Public trust andconfidence is built upon a firm knowledgeof a criminal justice machinery that is able
to deliver justice speedily, accurately, fairly
a n d a c c e s s i b l y. E n c o u r a g i n g t h ecommunity to get involved is no easy task.
Certain preconceptions in the minds of the
public have to be reshaped for them tobetter appreciate their role in effective
crime prevention and the functioning of thecriminal justice system.
As regards crime prevention, strategies
should include the seven elements
identified by UNICRI (presentation of Dr,
Uljesa Zvekic), to include:(i)

The promotion of active crime
prevention policies to accompany law
enforcement and criminal justice,based on international experienceobtained through effective projects
developed by the United Nations andother relevant internationalorganizations.
(ii) The development of long-term plans,even though public opinion might ask
for short-term responses to crime.
(iii) Improved coordination between
crime prevention activities at thenational, regional and local levels.
(iv) Encouragement of the public to be
involved in crime prevention, bystrengthening the community’s
confidence in the police.
(v) The promotion by law enforcement
and criminal justice agencies of thesafety and security of persons andproperty.
(vi) Treatment of victims with respect
and understanding of their needs,
and the provision of prompt
assistance and information about
their rights.
(vii) The regular monitoring of crime
prevention programmes, based onreliable information, analysis andpublic discussion with all parties
involved.
Sustained efforts towards providing
proper avenues for public participation isa good step towards maximizing citizen
involvement. Public participation can beachieved in the investigation process,community policing programs and victim’s
assistance programs. Governments haveto ensure that these opportunities arepresent and that the public is properly
informed about them.
ENDNOTES
1

2

3
4
5
6

7

8
9

Community or village organization; thesmallest political unit in thePhilippines.
Filipino values pertaining to communal
relationships; expectations on the issueof brotherhood.
Gambian value of brotherhood.
Japanese police boxes.
Japanese residential police boxes.
Open public gatherings which are held
at various places of a district anddivision, chaired by the deputy
commissioner and commissioner,
respectively.
Volunteer committee to assist police incrime prevention.
Arabic term meaning ‘generous gift’.
Council of Elders of a tribe or a tribe ora number of tribes which settle allissues within the region.

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ANNEXURE 1
SUMMARY OF VICTIM PROTECTION AND VICTIM SUPPORTLEGISLATION AND PRACTICES IN THE COUNTRIES REPRESENTED
COUNTRY

MEASUREBRIEF EXPLANATIONVICTIMPROTECTION

Although there is no victim protection program in
Gambia, there is some protection available in special
cases. This is offered by the police. In most cases, wherea victim fears revictimization or molestation by others,
the police provide protection in the form of surveillance ofthe victim’s residence. When it is absolutely necessary, anarmed guard is provided. The victim is also provided with
the numbers of the nearest police stations, in case of
emergency. At worst, the offender is detained or remanded in custody for the safety of the victim. The victim
is also assigned an investigative officer whose task will becounselling.

VICTIM SUPPORT

Victim support is available only during natural disasters
such as flood, outbreaks of fire, or heavy storms. Here,
there are support group such as the Red Cross and othervoluntary organizations. These organizations will provide
support to the victims both in cash and kind.

THE SEYCHELLESVICTIMPROTECTION

There is presently no victim support scheme in the
Seychelles, however such a scheme is deemed importantto alleviate the plight of the victims of crime.
Similarly, no official witness protection scheme exists,
however such protection is carried at the discretion of thecommissioner of police, in special circumstances.

PAKISTANVICTIMPROTECTION

Deployment of police contingent or security guards at theresidence of the victim.
Issuance of firearms license for self protection.
Installation of police hotlines.
Daraullaman (Female Hostel).

VICTIM SUPPORT

Establishment of police counters at hospitals.
Many NGO’s have their emergency centers in cities andalong the highways where the facilities of hotlines, aswell as ambulances, are available.
Women at police stations.

VICTIMPROTECTION
AND SUPPORTActual Situation• Royal Malaysia Police (RMP) have no specific victim
units/victim support centers.
• We have standing orders/ administrative orders totreat victims with dignity, empathy and information.
• The role of RMP in victim protection and support ismore of referral to existing agencies such as the Social
Welfare Department and NGOs.

GAMBIAMALAYSIA

276

112TH INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE• Protection is given depending upon the merits of thecase. The witnesses are given protection when there isa threat on life or property. This must be followedwith an official police report. If not, security will begiven on an ad hoc basis.
• Victim protection and support is given in cases such as
rape, domestic violence and child abuse, by the Social
Welfare Department with the assistance NGO’s.
• Less than 10% of domestic violence cases are being
prosecuted because of:(a) Withdrawal of complaint(b) Reconciliation(c) Referred to religious department (for muslim families)• Women police officers have been assigned to suchcare roles.
• There are no major crimes involving big numbers ofvictims and the record shows that the probability of
future violence is less.
• Most cases of causing hurt in domestic violence areclassified under Sec. 323 pc. This is a non-arrestablecase, and an order to investigate must be given by the
deputy public prosecutor.
Should Police Organizations Have Victim Units?
Strengths• Control of the situation.
• Information on who the victims are.
• Ability of services; referral.
• Emotional support.
• Assurance of safety for victims and witnesses.
• Assurance that the actions of the victim or witness isnormal.
• Strengthen the police awareness of avoiding secondary
victimization.
Weaknesses• Cannot depend on volunteers only. There must be
professionals.
• Security is not guaranteed.
• Specific job creates boredom and no job satisfaction.
• Extra job/ manpower.
• No specific budget.
Victim Support Unit Must be Under the Deputy
Public Prosecutor Office, Why?
1. Legal Implications:• Amendment of laws
• Budget• Personnel
2. Order to investigate can be given by e-mail, it is notnecessary that the investigating officer submit theinvestigation paper. Not every district is provided with apublic prosecutor.

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Countermeasures
Due to a low budget and administrative problems, theexisting police personnel of all levels should be aware/
knowledgeable about victim’s rights. This will avoid
secondary victimization and unnecessary work pressure.
THE PHILIPPINESLEGISLATION
The Witness
Protection,
Security and
Benefit Program(WPSBP)

The Witness Protection, Security and Benefit Program(WPSB), under Republic Act No.6981, is a recent legislative
enactment granting witnesses certain rights and benefits
and defining their responsibilities, if admitted into theprogram. Apart from the primary benefit of security andprotection, witnesses may be given any or all of thefollowing benefits under the program; 1) secure housing
facility for high-risk witnesses; 2) financial assistance towitnesses and their dependents, ranging from a minimumof P3,000.00 to about P15,000.00 in certain cases; 3)
travelling expenses and subsistence allowance; 4) medical
and hospitalization assistance; 5) housing or rental
allowance in case of witnesses with manageable risks.
The Department of Justice entered into agreement withdifferent government agencies for assistance and services
to be afforded to clients. The Department of Foreign
Affairs agreed to render assistance in facilitating/ securingpassports and visas for WPSBP covered witnesses, and toinitiate negotiations with countries to determine thefeasibility of an exchange of witnesses. The Philippine
Overseas Employment Authority (POEA) agreed to assist
the witnesses in obtaining livelihood abroad through its
name hiring or government hiring schemes, or othermethods of deploying overseas contractual workers. The
Department of Labor and Employment, and the Department
of Social Welfare and Development, conduct skills training
programs for witnesses.

Compensation forVictims of Unjust
Imprisonment or
Detention andVictims of Violent
Crimes- The Boardof Claims

278

Republic Act No. 7309 is the law creating the Board ofClaims under the Department of Justice, granting
compensation to victims of unjust imprisonment or
detention, and victims of violent crimes. The following
may file claims for compensation before the Board: a) any
person who was unjustly accused, convicted and imprisoned, but subsequently released by virtue of a judgment ofacquital; b) any person who was unjustly detained andreleased without being charged; c) any victim of arbitraryor illegal detention by authorities as defined in the Revised
Penal Code under a final judgment of the court; d) any
person who is a victim of violent crimes. Violent crimes
shall include rape and shall likewise refer to offenses
committed with malice which result in death or serious
physical and/or psychological injuries, permanent
incapacity or disability, insanity, abortion, serious trauma,or acts committed with torture, cruelty or barbarity.

112TH INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE
For the victims of unjust imprisonment, compensation
shall be based on the number of months of imprisonment
and every fraction thereof shall be considered one month,but in no case shall such compensation exceed P1,000.00
per month. In all other cases, the maximum for which theBoard may approve a claim shall not exceed P10,000.00 or
the amount necessary to reimburse the claimant’s
expenses incurred for hospitalization, medical treatment,
loss of wage, loss of support or other expenses directly
related to the injury, whichever is determined by the
Board.
PRACTICES
Establishment of"Women's andChildren's Concern
Desk" in Police
Stations

The establishment of Women’s and Children’s Concerns
Desks in police stations is expected to further streamline
and strengthen the efforts of the police in responding to
problems of violence against women and children. As amanagement strategy, policewomen are assigned to man
the desks, or if no female personnel are available, a
trained male police officer is assigned. To date, a total of
1,632 WCCDs with 1,763 personnel (1,468 policewomenand 294 policemen) have been established nationwide. In
highly urbanized cities, the WCCD handles the investigation of women and children’s cases. A total of 3,463 casesof abused women and children have been reported to
WCCD and acted upon appropriately. WCCP officers
have been effective tools in providing services to womenand children in close coordination with the Department ofSocial Welfare and Development (DSWD) and concerned
women-based NGOs.

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ANNEXURE 2

OUTLINE OF CRIME VICTIMS SUPPORT CENTER
Networking of Related Agencies andGroups (Japan)• October 1996, first establishment ofcrime victim assistance liaison
conference at the prefectural level.
• May 1998, national network of victim
support, consisting of 10 volunteer
groups.
• February 1999, last establishment ofcrime victim assistance liaison
conference at the prefectural level(established in all prefectures).
Crime Victim Assistance Liaison
Conference(1) Members
Police, public prosecutors offices, local
government and related agencies (e.g legal
circle, medical institution, psychologicalinstitution, Counseling Institution for
Women and Children, social welfare
institutions, Board of Education, businessworld, public-service corporations, mass
media, and so on) and volunteer groups.
(2) Location
The Office of Crime Victims Assistanceliaison conference is at the prefectural
police headquarters and the police
cooperate with related agencies andvolunteer groups.
(3) Activities
Opening meetings, exchange
information, training course on
counselling, introduction of the properorganizations mutual to crime victims
according to victims needs, various
activities in order to open counselingcenters.
(4) Purpose
One of the aims of establishing crime
victim assistance liaison conferences at theprefectural level is to build volunteer
280

groups such as support centers at theprefectural level; through the activities ofcrime victim assistance liaison conferences,such as the meetings and examination of
the members of crime victim assistanceliaison conferences and the volunteers to
prepare for the establishment thevolunteer groups.
Volunteer Groups
12 groups have been established at theprefectural level, such as the Mito Support
Center (SC) in Ibaragi Prefecture and the
Shizuoka Support Center (SC) in Shizuoka
Prefecture.
(1) Mito Support Center
Established referring to the program of
NOVA in 1995 July. There are 5 Programs(5 activities):(a) Information: explain the rights ofvictims and giving the information
which victims need.
(b) Referral to related organizations: e.g.
hospitals, police, lawyers
associations, clinical psychologist andso on.
(c) Crisis response; crisis intervention.
Two volunteers accept training tovisit victims and give the support
which victims need.
(d) Counselling: by telephone or byinterview.
(e) Support groups: support to make theassociation (or meeting) of victims ortheir bereaved family.
(f) Others: there are more than one
hundred volunteers. Characteristic
activities of the Mito SC is to escort
victims to the courts.
(2) Shizuoka Support Center
Established in May, 1999. The
activities of Shizuoka SC is similar to
those of the Mito SC.

112TH INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE
ANNEXURE 3
COMPARATIVE EVALUATION OF STATE COMPENSATIONJAPANTHE UNITED STATESEligibility
Requirements• Report to police; no time limit.
• Filing period: Within 2 years fromthe day the applicant recognizes
the crime, and within 7 years fromthe day the crime was committed.

• Report to police: usually within
72 hours; exceptions are madefor good cause.
• Filling period: One year is typical;
time limits vary from State to State.

Victims of Terrorist
Acts

N/A

Compensation is payable forresidents and non-residents who are
injured by crimes involving terrorism occurring within the States or,on the case of US citizens, outside of
the US.

Claimants• Victims of crime who suffer
serious injuries.
• Dependents of deceased victims
if they legally reside in Japan.
• Foreign citizens if the victim wasa legal resident of Japan when
the crime occurred.

• Victims of crime.
• Dependents of homicide victims.
• Relatives of victims of crime.
• Foreign citizens; eligible in mostStates.

Procedures

The victim must report the crime tothe police, and the police must
recognize the victimization.
A claimant can obtain an
application from any police stationor prefectural police department.
The claimant should send theapplication to the prefectural public
safety commission through thepolice station or the prefectural
police department that has
jurisdiction over the address of theclaimant. It takes approximately 5months for the applicant to be
notified of the decision, and it takes
approximately 2 more weeks for theapplicant to receive the benefit.

The claimant must file an application with the compensation agency
in the State in which the crime
occurred.
Based on information submitted by
the victim, the agency determines
whether the claimant is eligible andhas suffered a financial loss. In
most States, the victim can appeal
the agency’s decision to deny or
reduce the award of compensation.

Benefits and Award
LimitsThe maximum award in yen:
Bereaved Family Benefit: 10,790,000:
Incapacity Benefit: 12,730,000

Most States can pay a maximum of
between $15,000 and $25,000. A few
states have higher or lower
maximums.

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Compensable
Costs

None. The program provides theabove lump sum awards.

All States will cover the following:• Medical expenses.
• Mental health counselling.
• Lost wages for disabled victims.
• Lost support for dependents ofhomicide victims.
• Funeral.
• Travel for medical treatment.
• Services to replace work previously
performed by the victim.
• Cleaning of homicide scene if a
residence.
• Essential personal property.
• Rehabilitation.

Emergency
AwardsIf the program cannot quickly
render judgement because theoffender is unknown or the degree of
disability is unclear, the program
offers provisional benefits to theapplicant.

Some States provide emergency
awards or expedite processing forvictims faced with an extraordinary
financial or health crisis.

Funding Sources

The program is funded by the
National Expenditure. For bereaved
children, scholarships are available
throught the Crime Victim’s Relief
Fund.

Most States obtain their funding fromfees or charges assessed against
offenders. Some States receive
appropriations from general revenue.
OVC provides supplemental funds
from Federal criminal fines.

282