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European Convention on the Compensation
of Victims of Violent Crimes (ETS no. 116)
Summary
Open for signature by the member States of the Council of Europe, in Strasbourg, on 24 November 1983.
Entry into force: 1 February 1988.
Summary of the treaty
This Convention puts upon States that become a Party to it the obligation to compensate the victims of intentional and violent offences resulting in bodily injury or death. The obligation to compensate is limited to offences committed on the territory of the State concerned, regardless of the nationality of the victim.
The member States of the Council of Europe, signatory hereto,
Considering that the aim of the Council of Europe is to achieve a greater unity between its members;
Considering that for reasons of equity and social solidarity it is necessary to deal with the situation of victims of intentional crimes of violence who have suffered bodily injury or impairment of health and of dependants of persons who have died as a result of such crimes;
Considering that it is necessary to introduce or develop schemes for the compensation of these victims by the State in whose territory such crimes were committed, in particular when the offender has not been identified or is without resources;
Considering that it is necessary to establish minimum provisions in this field;
Having regard to Resolution (77) 27 of the Committee of Ministers of the Council of Europe on the compensation of victims of crime,
Have agreed as follows:
The Parties undertake to take the necessary steps to give effect to the principles set out in Part I of this Convention.
Compensation shall be paid by the State on whose territory the crime was committed:
Compensation shall cover, according to the case under consideration, at least the following items: loss of earnings, medical and hospitalisation expenses and funeral expenses, and, as regards dependants, loss of maintenance.
The compensation scheme may, if necessary, set for any or all elements of compensation an upper limit above which and a minimum threshold below which such compensation shall not be granted.
The compensation scheme may specify a period within which any application for compensation must be made.
Compensation may be reduced or refused on account of the applicant's financial situation.
With a view to avoiding double compensation, the State or the competent authority may deduct from the compensation awarded or reclaim from the person compensated any amount of money received, in consequence of the injury or death, from the offender, social security or insurance, or coming from any other source.
The State or the competent authority may be subrogated to the rights of the person compensated for the amount of the compensation paid.
Each Party shall take appropriate steps to ensure that information about the scheme is available to potential applicants.
Subject to the application of bilateral or multilateral agreements on mutual assistance concluded between Contracting States, the competent authorities of each Party shall, at the request of the appropriate authorities of any other Party, give the maximum possible assistance in connection with the matters covered by this Convention. To this end, each Contracting State shall designate a central authority to receive, and to take action on, requests for such assistance, and shall inform thereof the Secretary General of the Council of Europe when depositing its instrument of ratification, acceptance, approval or accession.
This Convention shall be open for signature by the member States of the Council of Europe. It is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
The Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to this Convention, of:
In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.
Done at Strasbourg, this 24th day of November 1983, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe and to any State invited to accede to this Convention.
European Convention
on the Compensation of Victims of Violent Crimes (ETS no. 116)
Explanatory Report
I . The European Convention on the Compensation of Victims of Violent Crimes, drawn up within the Council of Europe by a Committee of Governmental Experts under the authority of the European Committee on Crime Problems (CDPC), was opened for signature by the member states of the Council of Europe on 24 November 1983.
II. The text of the explanatory report prepared by the committee of experts and submitted the Committee of Ministers of the Council of Europe, as amended and completed by the CCJ, does not constitute an instrument providing an authoritative interpretation of the Convention although it might be of such a nature to facilitate the application of the provisions contained therein.
I. Introduction
1. In recent decades, policy makers and criminologists have been particularly concerned with the victim's position in crime and with protecting the victim's interests. They have emphasised that assisting victims must be a constant concern of crime policy, on a par with the penal treatment of offenders. Such assistance includes measures designed to alleviate psychological distress as well as to make reparation for the victim's physical injuries.
One of these concerns is to provide compensation for the victim or his dependants. In principle, the offender should pay the compensation, by order of the civil or - in some countries - criminal courts or by a judicial or extrajudicial arrangement between him and the victim. However, though the victim can obtain satisfaction by this means in theory, full reparation is seldom made in practice, in particular because of the offender's non-apprehension, disappearance or lack of means.
2. In the 1960s, therefore, various Council of Europe member states started setting up schemes to compensate victims from public funds when compensation was otherwise unavailable. In view of this development, the CEPC (now the CDPC) decided in 1970 to add the compensation of victims of crime to its work programme. This decision was approved by the Committee of Ministers of the Council of Europe at their Deputies' 192nd meeting, but no action was taken on it pending the outcome of relevant work by the International Association of Penal Law (11th International Congress on Penal Law, Budapest, 1974).
Having discussed the compensation of victims of crime, the 9th Conference of European Ministers of Justice (Vienna, 1974) recommended that the Committee of Ministers of the Council of Europe instruct the CEPC to hold an exchange of views and information on the subject.
This was duly held by the CEPC in January 1975.
Finally, a CEPC sub-committee was asked to draw up common principles governing the compensation of victims of crime, with particular reference to compensation from public funds. The subcommittee produced a draft resolution and a report on the subject, which were submitted to the CEPC and approved in 1977.
In September 1977, the Committee of Ministers of the Council of Europe adopted Resolution (77) 27 on the compensation of victims of crime. This recommended that the member states provide for state compensation of victims, or dependants of victims, of intentional violence where compensation could not be ensured by any other means, and set out guidelines.
The CEPC report on the compensation of victims of crime was published in 1978.
3. In the five years following the adoption of Resolution (77) 27, various Council of Europe member states, guided, inter alia, by the said resolution, either introduced state schemes for compensating victims of crime or drafted legislation on the subject.
Various member states soon found, however, that if foreigners moving between member states - notably migrant workers - were to be socially protected, the principles laid down in Resolution (77) 27 (and more particularly in Article 13) needed to be reconsidered and an instrument drawn up which would have binding force.
These considerations are mentioned in the report submitted by Mr Luster on behalf of the European Parliament's Legal Affairs Committee (Doc. 1-464/80). During the European Parliament debate on 12 March 1981, it was stated that the EEC should draw up a directive in this sphere, unless the Council of Europe embarked on producing a convention on the basis of Resolution (77) 27. The Resolution on Compensation for Victims of Acts of Violence, adopted by the European Parliament on 13 March 1981, reflects this view.
4. At its 30th plenary Session (1981) the CDPC heeded this concern by instructing the Select Committee on the Victim and Criminal and Social Policy to begin its work by drawing up a European convention on compensation of victims of crime on the basis of Resolution (77) 27 on the same subject.
5. The Select Committee met twice in 1982 (24-26 February and 29 September-1 October) under the chairmanship of Mr J. G. Schätzler (Federal Republic of Germany). Its meetings were attended by experts from France, Iceland, Italy., Luxembourg, the Netherlands, Portugal, Switzerland, Turkey and the United Kingdom, as well as by Mr H.J. Schneider (Federal Republic of Germany) and Ms J. Shapland (United Kingdom), consultants, and observers from Canada and the IAPL.
An enlarged meeting of the committee took place from 17 to 21 January 1983 under the chairmanship of Mr J. G. Schätzler. The meeting was attended by all the Council of Europe's member states, except Belgium, Ireland, Liechtenstein and Malta.
The Select Committee's draft European Convention on the Compensation of Victims of Violent Crimes, as approved after amendment by the enlarged committee, and the draft explanatory report were approved by the CDPC at its 32nd plenary Session (April 1983). At the 361st meeting of the Deputies (June 1983), the Committee of Ministers adopted the Convention and decided to open it for signature on 24 November 1983.
II. General considerations
A. Framework of the Convention
6. The Council of Europe's aim of promoting closer unity between its member states is pursued in particular through the harmonisation of their legislation and agreement among them on common policy.
In this context, the European Committee on Crime Problems has sought, since its inception, to promote joint policy on crime prevention and the treatment of offenders.
Such a policy demands that balanced consideration be given to all the components of the criminal act. Victim studies carried out in various countries in the last few decades have revealed the interaction which may exist between criminal and victim during the commission of a crime. At the same time, they have thrown light on victims' psychological and physical distress after a crime and on the difficulties they often encounter in asserting their rights. These considerations lead one to conclude that as much importance must be attached to the victims, and in particular to the protection of their interests, as to the treatment and social rehabilitation of offenders.
7. This points to the need to compensate the victim, not only to alleviate as far as possible the injury and distress suffered by him, but also to quell the social conflict caused by the offence and make it easier to apply rational, effective crime policy.
8. Various provisions in force in member states are designed to induce the offender to compensate the victim (for example, suspended sentence or probation may depend on payment of compensation, payment of compensation may constitute the main penalty, etc.). In very few cases is compensation for injury actually paid, however. A state contribution to compensation is accordingly thought necessary.
9. Various arguments for state involvement in compensation have been put forward:
a. One theory is that the state is bound to compensate the victim because:
- it has failed to prevent the crime by means of effective criminal policy,
- it introduced criminal policy measures which have failed,
- having prohibited personal vengeance, it is bound to appease the victim, or his dependants (principle of state responsibility for crime);
b. Another theory is that state intervention is justified on grounds of social solidarity and equity: since some citizens are more vulnerable, or unluckier, than others, they must be compensated by the whole community for any injury sustained:
c. Lastly, it has been suggested that by removing the victim's sense of injustice, state compensation makes it easier to apply a less punitive criminal policy, but one which is more effective.
10. Resolution (77) 27 accepted equity and social solidarity as the basic principles of compensation.
These same principles underlie the European Convention on the Compensation of Victims of Violent Crimes (second preambular paragraph).
The majority view in the committee was, however, that these principles did not mean that the state should intervene only in cases of absolute necessity (that is hardship). Compensation awards may nevertheless take the victim's or victim's dependants' financial position Into account (Article 7).
B. Aims of the Convention
11. The European Convention on the Compensation of Victims of Violent Crimes, based on Resolution (77) 27, pursues the following aims:
a. To harmonise at European level the guidelines (minimum provisions) on the compensation of victims of violent crimes and to give them binding force.
States ratifying the Convention will have to comply with the principles laid down, either by amending existing legislation and administrative arrangements or by introducing these principles to any new legislation or arrangements.
b. To ensure co-operation between the Parties in the compensation of victims of violent crimes, and more particularly to promote:
- the compensation of foreign victims by the state on whose territory the offence was committed;
- mutual assistance between Parties in all matters concerning compensation.
The presence of numerous foreigners on the Parties' territories (migrant workers, tourists, students, etc.) makes such co-operation necessary.
Ill. Commentary on the articles of the Convention
PART I
Basic principles
Article 1
12. By the terms of Article 1, the Parties undertake to ensure that their present and future legislation and administrative arrangements on the compensation of victims of crimes of violence comply with the Convention. It follows that this Convention is not directly enforceable.
It is for the Contracting States to establish the legal basis, the administrative framework and the methods of operation of the compensation schemes having due regard to these principles.
13. Since several member states have for some years effectively operated schemes for paying compensation from public funds, the committee decided to draw up minimum provisions rather than a model act, whose rigidity might have prevented several member states from ratifying the Convention.
Article 2
14. This article sets out the basic conditions governing state compensation of victims of violent crimes. Since the rules given are minima, more generous compensation arrangements by Parties are not precluded.
The succeeding articles foresee, for specific cases, limitations to the obligations laid down by Article 2.
15. The state pays compensation only where compensation is not fully available from other sources (the offender, social security, etc.).
As is clear from Articles 9 and 10, however, this provision must not be taken to preclude an interim state contribution to compensation of the victim pending decision of an action, judicial or extrajudicial (arbitration), to recover damages. A victim urgently needing help sometimes cannot await the outcome of often complicated proceedings (cf. paragraph 8 of Resolution (77) 27). In such cases, the Parties can provide that the state or the competent authority may subrogate in the rights of the person compensated for the amount of the compensation paid (Article 10) or, if later the person compensated obtains reparation from any other source, may reclaim totally or partially the amount of money awarded (Article g).
16. For compensation to be payable to the victim from public funds, offences must be:
- intentional,
- violent,
- the direct cause of serious bodily injury or damage to health.
17. The Convention applies only to intentional offences, because they are particularly serious and give rise to compensation less often than non-intentional offences, which include the huge range of road traffic offences and are in principle covered by other schemes (private insurance, social security, etc.).
18. The violence inflicted by the offender need not be physical. Compensation may also be payable in cases of psychological violence (for example serious threats) causing serious injury or death.
19. The Convention aims at protecting victims of offences against life, physical integrity and health.
The term health may include, according to the domestic law of each state, mental as well as physical health.
Injury must be serious and directly attributable to the crime, a relationship of cause and effect being proven.
Having regard both to the underlying principle of solidarity, which requires the alleviation of major distress and injury, and to financial constraints, the Convention does not cover:
- slight injury or injury not directly caused by the offence;
- injury to other interests, notably property.
Poisoning, rape and arson are to be treated as intentional violence.
20. The persons eligible for compensation are:
a. The victim
In the event of serious bodily injury or damage to health, compensation is payable to the victim direct. The victim's dependants thus benefit indirectly.
Victims of violent crimes may include anyone injured or killed in trying to prevent an offence, or in helping the police to prevent the offence, apprehend the culprit or help the victim.
b. The dependants of persons who have died as a result of a violent crime
It is for the Parties to define the term according to the requirements of their domestic law (children, spouse, etc.).
21. Compensation from public funds is payable to the victim irrespective of the offender's prosecution or conviction.
Particular categories of offender specified in national legislation (for example, minors, the mentally ill) may not be subject to prosecution, being regarded as not responsible for their actions.
Offenders prosecuted may escape conviction for other reasons (act arising from necessity, for example).
The State may nonetheless make reparation, even in respect of these acts, if compensation is not fully available from other sources.
Article 3
22. This article regulates international aspects of the compensation of victims of violent crimes.
23. Like Resolution (77) 27 before it, the Convention recognises the principle of "territoriality": compensation is payable by the state in whose territory the offence is committed.
Where different parts of a crime are committed in different states, compensation shall be paid by the state in which the victim or his dependants are permanently resident, provided part of the offence is committed in the territory of this state.
The Convention does not provide for compensation of nationals who fall victim to violent crimes while abroad, but there is nothing to prevent the Parties from recognising the nationality principle in certain cases.
24. Compensation of foreign victims of violent crimes on the same basis as nationals - already provided for in some of the Council of Europe's member states - seems necessary for the following main reasons:
- solidarity and equity demand that, on certain conditions, the state contribute to the compensation of other victims in its territory and not just its own nationals;
- foreigners often contribute to a country's economic and social development (for example, as migrant workers); consequently, they are entitled to the same advantages as nationals.
25. The Convention specifies categories of foreigners to be entitled to compensation:
a. Nationals of Parties to the Convention.
This provision complies with the principle of reciprocity.
b. Nationals of any Council of Europe member State who are permanently resident in the State in whose territory the offence is committed.
The main purpose of this provision, a departure from the principle of reciprocity, Is to protect migrant workers, a lower-income group which nonetheless contributes to the receiving country's economy and ought not to be penalised where the state of origin is still unable to ratify the Convention.
Compensation of all foreign victims of crime without a reciprocity requirement was also recommended by the 11th International Congress on Penal Law (Budapest, 1974, Conclusions, item A. 7).
26. The concept of permanent residence must be construed in the light of Committee of Ministers Resolution (72) 1 on the standardisation of the legal concepts of "domicile" and of "residence".
27. Though the Convention lays down minimum provisions, this need not prevent Contracting States from compensating:
- nationals of any state (and not just nationals of Council of Europe member states) who are permanently resident in their territory;
- all foreigners (which would enable tourists to be compensated).
Article 4
28. This article specifies as minimum requirements items for which reasonable compensation shall be paid, when the loss is verified in a particular case. These are the following:
- loss of earnings (for example, as a result of immobilisation through injury);
- medical expenses (which may include prescription charges and the cost of dental treatment);
- hospital fees;
- funeral expenses;
- in the case of dependants (children, spouse, etc.), loss of maintenance.
Other possible items, subject to the provisions of national legislation, are, in particular:
- pain and suffering (pretium doloris);
- loss of expectation of life;
- additional expenses arising from disablement caused by an offence.
Compensation of these items is to be calculated by the state paying the compensation according to the scales normally applied for social security or private insurance or according to normal practice under civil law.
Article 5
29. This allows the setting of:
- An upper limit to compensation.
As the public funds earmarked for the compensation of victims of violent crimes are not unlimited, a ceiling on such compensation may be necessary in certain circumstances.
- A minimum threshold below which compensation is not payable.
In line with the principle of de minimis non curat praetor, this provision narrows the scope of the Convention to exclude minor damage the victim can readily make good.
30. The Convention obviously cannot set rigidly quantified limits, since resources and living standards vary from State to State. These differences will mean that the sum awarded in compensation by different States will vary, and this will be particularly noticeable where foreign victims are compensated. In such cases, it is desirable that due regard should be had to the standard of living in the country where the victim habitually resides. Limits are to be set with particular reference to:
- administrative constraints (for example individual States' resources),
- financial factors (for example, wages, medical or hospital fees, etc.).
These limits may apply either to the total amount of compensation in a particular case or to the Individual elements of compensation, for example for loss of earnings or pain and suffering.
Article 6
31. Applications for compensation of a victim or, if he has died, of his dependants, should be made within a period of time to be laid down by each state according to its own customary practice.
An application must be made as soon as possible after the crime has been committed, so that:
- the victim may be assisted if in physical and psychological distress;
- the damage may be ascertained and assessed without untoward difficulty.
Article 7
32. Since compensation of the victim from public funds is an act of social solidarity, it may be unnecessary where the victim or his dependants are plainly comfortably off. In such a case, the state may reduce or even withhold its contribution to compensation of the victim without being regarded as discriminating unfairly against a section of the population. However, this provision must not be construed as precluding state compensation where no hardship exists.
Nor need it prevent states from paying compensation regardless of the victim's or his dependants' financial position (on the same basis as war disablement pensions, for example).
Article 8
33. Whereas Article 7 contains an objective criterion for reducing or withholding compensation, Article 8 allows compensation to be reduced or withheld where the victim is at fault.
34. a. Improper behaviour of the victim in relation to the crime or to the damage suffered
There is frequent evidence of a degree of interaction between the victim's behaviour and the offender's. The first paragraph of Article 8 refers to cases where the victim triggers the crime, for example by behaving exceptionally provocatively or aggressively, or causes worse violence through criminal retaliation, as well as to cases where the victim by his behaviour contributes to the causation or aggravation of the damage (for example by unreasonably refusing medical treatment).
Refusal to report the offence to the police or to co-operate with the administration of justice may also give grounds for reducing or withholding compensation.
35. b. Membership of criminal gangs or of organisations which commit acts of violence
Where the victim belongs to the world of organised crime (for example drug trafficking) or of organisations which commit acts of violence (for example terrorist organisations), he may be regarded as forfeiting the sympathy or solidarity of society as a whole. As a consequence, the victim may be refused compensation or be paid reduced compensation, even if the crime which caused the damage was not directly related to the foregoing activities.
36. c. Compensation repugnant to the sense of justice or contrary to public policy (ordre public)
States which introduce compensation schemes usually want to retain some discretion in awarding compensation and to be able to refuse it in certain cases where it is clear that a gesture of solidarity would be contrary to public feeling or interests or would be contrary to the basic principles of the legislation of the state concerned. This being so, a known criminal who was the victim of a crime of violence could be refused compensation even if the crime in question was unrelated to his criminal activities.
37. The principles justifying the withholding or reduction of compensation are valid not only in respect of a victim in person but also in relation to dependants of a victim who has died as a result of a violent crime.
Article 9
38. To avoid double compensation, compensation already received from the offender or other sources maybe deducted from the amount of compensation payable from public funds.
It is for the Parties to specify which sums are so deductible. In some of the member states, for instance, sums paid to the victim under private insurance schemes are not generally deductible from compensation.
39. A State may require any compensation the victim receives from the offender or other sources after being compensated from public funds to be repaid in full or in part (depending on the sum received) to the State or the authority paying compensation from public funds.
This eventuality is liable to arise, for example, where:
- a victim suffering hardship receives state compensation pending decision of an action brought against an offender or agency;
- the offender, unknown at the time of compensation from public funds, is subsequently traced and convicted, and has fully or partly made reparation to the victim.
40. Informing the compensating authority of subsequent compensation awards poses obvious problems. In some states, the courts inform the compensating authority of awards made to the victim, thus facilitating restitution of the sums allowed by the compensating authority.
Article 10
41. Where the victim or his dependants receive compensation from public funds, their rights against the offender or other sources of compensation (social security, etc.) may, if the domestic law so provides, pass to the state or the compensating authority, which may then take action to obtain reimbursement on that basis.
Article 11
42. In states with schemes for paying compensation from public funds, it has often been found that they are rarely used. This is mainly due to public ignorance of the existence of compensation schemes and brings home the need to publicise them better.
The main responsibility for informing the victim of his compensation rights should lie with the authorities and agencies dealing with him immediately after the offence (the police, hospitals, the examining judge, the public prosecutor's office, etc.). Information, specially published by the competent authorities, should be available to such agencies who should distribute this, whenever practicable, to the persons concerned.
The mass media (press, radio, television) could also help publicise such arrangements.
PART II
International co-operation
Article 12
43. Various matters relating to the implementation of the Convention may necessitate co-operation between the Parties, particularly:
- information about compensation available to a foreign victim in his country of origin;
- facilities whereby a state which compensates a victim can seek reimbursement from the offender resident abroad (or from a foreign agency, such as a social security authority);
- information from medical authorities or employers.
44. International co-operation here may be helped by Council of Europe conventions, particularly the European Convention on Mutual Assistance in Criminal Matters and its Protocol and the European Convention on the Obtaining Abroad of Information and Evidence in Administrative Matters, and by bilateral and multilateral agreements concluded by the Contracting Parties.
45. As well as recommending that the Contracting Parties assist one another in all matters covered by the Convention, Article 12 also requires that, when depositing its instrument of ratification, acceptance, approval or accession, each State designate a central authority to receive and take action on requests for assistance. This will not prevent a State, with more than one compensation scheme, from designating more than one such authority.
Article 13
46. This article indicates that the European Committee on Crime Problems must be kept informed of the application of the Convention.
47. To this end, the Parties accept the obligation to transmit periodically to the Secretary General of the Council of Europe information about new legislation or regulations on compensation schemes; by this is meant provisions introducing methods of operation for these schemes which are of some interest and not merely internal administrative regulations.
48. This information will:
a. help the CDPC to collect sufficient documentation for making available to member states who request it (member states who envisage introducing a compensation scheme, for example); and
b. enable the CDPC to identify any difficulties arising from the application of the Convention and see whether it is necessary to hold meetings to solve such problems or whether protocols to the Convention need to be drawn up.
PART Ill
Final clauses
Articles 14-20
49. These articles are inspired by the final clauses usual in European conventions.
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European Convention on the Compensation of Victims of Violent Crimes |
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Status as of 25/03/02 |
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Opening for signature : |
Entry into force : |
Member States of the Council of Europe:
|
States |
Date of |
Date of |
Date of entry |
Notes |
R. |
D. |
A. |
T. |
C. |
O. |
|
Albania |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
|
Andorra |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
|
Armenia |
08/11/01 |
- |
- |
- |
- |
- |
- |
- |
- |
- |
|
Austria |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
|
Azerbaijan |
- |
28/03/00 a |
01/07/00 |
- |
- |
- |
X |
- |
- |
- |
|
Belgium |
19/02/98 |
- |
- |
- |
- |
- |
- |
- |
- |
- |
|
Bulgaria |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
|
Croatia |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
|
Cyprus |
09/01/91 |
17/01/01 |
01/05/01 |
- |
- |
X |
X |
- |
- |
- |
|
Czech Republic |
15/10/99 |
08/09/00 |
01/01/01 |
- |
X |
- |
X |
- |
- |
- |
|
Denmark |
24/11/83 |
09/10/87 |
01/02/88 |
- |
- |
- |
X |
X |
- |
- |
|
Estonia |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
|
Finland |
11/09/90 |
15/11/90 |
01/03/91 |
- |
- |
- |
X |
- |
- |
- |
|
France |
24/11/83 |
01/02/90 |
01/06/90 |
- |
- |
X |
X |
- |
- |
- |
|
Georgia |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
|
Germany |
24/11/83 |
27/11/96 |
01/03/97 |
- |
- |
X |
X |
- |
- |
- |
|
Greece |
24/11/83 |
- |
- |
- |
- |
- |
- |
- |
- |
- |
|
Hungary |
08/11/01 |
- |
- |
- |
- |
- |
- |
- |
- |
- |
|
Iceland |
30/11/01 |
- |
- |
- |
- |
- |
- |
- |
- |
- |
|
Ireland |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
|
Italy |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
|
Latvia |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
|
Liechtenstein |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
|
Lithuania |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
|
Luxembourg |
24/11/83 |
21/05/85 |
01/02/88 |
- |
- |
- |
X |
- |
- |
- |
|
Malta |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
|
Moldova |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
|
Netherlands |
24/11/83 |
16/07/84 |
01/02/88 |
- |
- |
- |
X |
X |
- |
- |
|
Norway |
24/11/83 |
22/06/92 |
01/10/92 |
- |
- |
- |
X |
- |
- |
- |
|
Poland |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
|
Portugal |
06/03/97 |
13/08/01 |
01/12/01 |
- |
- |
- |
X |
- |
- |
- |
|
Romania |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
|
Russia |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
|
San Marino |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
|
Slovakia |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
|
Slovenia |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
|
Spain |
08/06/00 |
31/10/01 |
01/02/02 |
- |
- |
- |
- |
- |
- |
- |
|
Sweden |
24/11/83 |
30/09/88 |
01/01/89 |
- |
- |
- |
X |
- |
- |
- |
|
Switzerland |
15/05/90 |
07/09/92 |
01/01/93 |
- |
- |
- |
X |
- |
- |
- |
|
the former Yugoslav Republic of Macedonia |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
|
Turkey |
24/04/85 |
- |
- |
- |
- |
- |
- |
- |
- |
- |
|
Ukraine |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
|
United Kingdom |
24/11/83 |
07/02/90 |
01/06/90 |
- |
- |
- |
X |
X |
- |
- |
Non-member States of the Council of Europe:
|
States |
Date of |
Date of |
Date of entry |
Notes |
R. |
D. |
A. |
T. |
C. |
O. |
|
Total number of signatures not followed by ratifications : |
6 |
|
Total number of ratifications/accessions : |
15 |
Notes :
a: Accession - s: Signature without reservation as to ratification - su: Succession - r: Signature "ad referendum".
R.: Reservations - D.: Declarations - A.: Authorities - T.: Territorial Application - C.: Communication - O.: Objection.
Source: Treaty Office on http://conventions.coe.int
List of declarations made with respect to treaty no. 116
|
European Convention on the Compensation of Victims of Violent Crimes |
Complete chronology on: 25/03/02
|
Azerbaijan : |
Declaration contained in the instrument of accession, deposited on 28 March 2000 - Or. Engl.
The Republic of Azerbaijan designates the Ministry of Justice as the competent authority, in accordance with the Article 12 of the Convention.
Period covered: 01/07/00 -
The preceding statement concerns Article(s): 12
|
|
Declaration contained in the instrument of ratification deposited on 17 January 2001 - Or. Engl.
Under Article 3 of the Convention, Nationals of other countries are considered to be “permanent residents” within the meaning of Article 3(b) of the Convention if:
a. they have resided in the Republic of Cyprus for a continuous period of fifteen years, just before the period of 16 August 1960, according to Regulation 3 of the “Aliens and Immigration Regulations” of 1972-1996;
b. they are in possession of an Immigration Permit, according to Regulation 5 and Regulation 6(2) of the “Aliens and Immigration Regulations” of 1972-1996;
c. they are dependent on persons falling under sub-paragraphs (a) and (b) above, according to Regulation 8 of the “Aliens and Immigration Regulations” of 1972-1996.
Period covered: 01/05/01 -
The preceding statement concerns Article(s): 3
Declaration contained in the instrument of ratification deposited on 17 January 2001 - Or. Engl.
The Government of Cyprus, in pursuance of Article 12, designates the Department of Social Insurance of the Ministry of Labour and Social Insurance as the central authority.
The address of the aforesaid Department is as follows:
Department of Social Insurance,
Ministry of Labour and Social Insurance,
Byron Ave. No. 7,
1096 Nicosia – CYPRUS
Tél.: +357 2 307130
Fax: +357 2 672 984
E.mail : soc.ins.@cytanet.com.cy
Period covered: 01/05/01 -
The preceding statement concerns Article(s): 12
|
|
Reservation contained in the instrument of ratification deposited on 8 September 2000 - Or. Engl./Cze.
According to Article 18, paragraph 1, of the Convention, the Czech Republic declares that the central authority, designated under Article 12, may refuse a request for assistance made by another Contracting State, if such request is not made in the Czech language or in the English language or in the French language or if it is not accompanied by a translation into one of the official languages of the Council of Europe.
Period covered: 01/01/01 -
The preceding statement concerns Article(s): 18
Declaration contained in a Note Verbale from the Czech Republic, handed over at the time of deposit of the instrument of ratification on 8 September 2000 - Or. Engl./Cze.
The Czech Republic informs that the central authority under Article 12 of the Convention shall be the Ministry of Justice.
Period covered: 01/01/01 -
The preceding statement concerns Article(s): 12
|
Denmark : |
Declaration contained in a letter from the Permanent Representative of Denmark, dated 8 October 1987, registered at the Secretariat General on 9 October 1987 - Or. Fr.
Justitsministeriet (The Ministry of Justice), Slotsholmsgade 10, DK-1216, COPENHAGEN K, has been designated as the central authority to receive and to take action on, requests for assistance.
Period covered: 01/02/88 -
The preceding statement concerns Article(s): 12
Declaration contained in a letter from the Permanent Representative of Denmark, dated 8 October 1987, registered at the Secretariat General on 9 October 1987 - Or. Fr.
The Convention shall apply neither to the Faroe Islands nor to Greenland.
Period covered: 01/02/88 -
The preceding statement concerns Article(s): 17
|
|
Declaration contained in a letter from the Permanent Representative of Finland, dated 15 November 1990 handed to the Secretary General at the time of deposit of the instrument of acceptance on 15 November 1990 - Or. Engl.
The Central Authority to receive and take action on all matters regarding the European Convention on the Compensation of Victims of Violent Crimes is :
Ministry of Justice
PL 1
SF-00131 HELSINKI
Tel : 358-0-18251
Telefax : 358-0-1825430
Period covered: 01/03/91 -
The preceding statement concerns Article(s): 12
|
|
Declaration contained in a letter from the Minister of Foreign Affairs of France, dated 24 January 1990, registered at the Secretariat General on 1 February 1990 - Or. Fr.
For the purpose of the application of Article 3, the Government of the Republic of France declare concerning nationals of the member States of the European Communities, that they shall be regarded as French nationals ;
For the purpose of the application of Article 3, the Government of the Republic of France declare concerning nationals of non-member States of the European Communities, that they shall be considered as permanently resident in France, according to paragraph b, when they hold a Resident's permit.
Period covered: 01/06/90 -
The preceding statement concerns Article(s): 3
Declaration contained in a letter from the Minister of Foreign Affairs of France, dated 24 January 1990, registered at the Secretariat General on 1 February 1990 - Or. Fr.
In accordance with Article 12, the French Government designate the Office for the Protection of Victims and for Prevention, Ministry of Justice, 13 Place Vendôme, 75042 Paris CEDEX 01, as the Central Authority to receive and take action on requests for assistance.
Requests for compensation made pursuant to the Convention will be examined by the Commission foreseen by Article 706-4 of the French Penal Code of Procedure in accordance with Articles 706-3 and 706-12 of the above-mentioned Code.
Period covered: 01/06/90 -
The preceding statement concerns Article(s): 12
|
|
Declaration contained in a letter from the Ministry for Foreign Affairs, dated 21 November 1983, handed to the Secretary General at the time of signature, on 24 November 1983 - Or. Germ./Engl.
At the time of signature, the Federal Republic of Germany notified to the Secretary General of the Council of Europe that, when depositing its instrument of ratification, it will make a reservation of reciprocity in respect of Article 3 of the Convention.
The preceding statement concerns Article(s): 3
Declaration contained in a letter from the Permanent Representative of Germany, dated 27 November 1996, handed to the Secretary General at the time of deposit of the instrument of ratification, on 27 November 1996 - Or. Germ./Engl./Fr.
The Federal Republic of Germany understands by Article 3 of the Convention that only persons lawfully residing in Germany qualify for such compensation.
A national of another country is considered to be a "permanent resident" within the meaning of Article 3(b) of the Convention if he remains in the Federal Republic of Germany for longer than the maximum temporary stay of six months.
Nationals of the States party to this Convention receive compensation like Germans if they lawfully reside in Germany for three years or longer without interruption.
Period covered: 01/03/97 -
The preceding statement concerns Article(s): 3
Declaration contained in a letter from the Permanent Representative of Germany, dated 27 November 1996, handed to the Secretary General at the time of deposit of the instrument of ratification, on 27 November 1996 - Or. Germ./Engl./Fr.
Nationals of the States party to the Convention who have been in Germany for less than three years or a short period are only entitled to non-income-tied compensation which in essence meets the criteria contained in Article 4. Instead of compensation for loss of earnings they receive a basic pension depending on the degree to which their earning capacity has been impaired.
The Federal Republic of Germany will make a statutory one-off payment to entitled foreign nationals in lieu of compensation pursuant to Article 4 of the Convention, subject to certain conditions that apply to other foreigners as well, provided they leave the territory of the Federal Republic of Germany.
Period covered: 01/03/97 -
The preceding statement concerns Article(s): 4
Declaration contained in a letter from the Permanent Representative of Germany, dated 27 November 1996, handed to the Secretary General at the time of deposit of the instrument of ratification, on 27 November 1996 - Or. Germ./Engl./Fr.
The Federal Republic of Germany designates the Federal Ministry of Labour and Social Affairs as the central authority pursuant to Article 12 of the Convention. It declares that this authority may refuse a request for assistance if it is neither drawn up in German nor accompanied by a German translation.
Period covered: 01/03/97 -
The preceding statement concerns Article(s): 12
|
|
Declaration contained in a letter from the Permanent Representative of Luxembourg, dated 21 May 1985, registered at the Secretariat General on 22 May 1985 - Or. Fr.
The Central Authority mentioned in Article 12 of the Convention and charged with receiving and taking action on requests for assistance is, in Luxembourg, the Ministry of Justice, the address of which is 16, Boulevard Royal, Luxembourg.
Period covered: 01/02/88 -
The preceding statement concerns Article(s): 12
|
|
Declaration contained in a letter of the Permanent Representative of the Netherlands, handed to the Secretary General at the time of the deposit of the instrument of acceptance, on 16 July 1984 - Or. Engl.
The Central Authority charged with receiving and taking action on requests for assistance is the "Secretaris van de Commissie tot beheer van het schadefonds geweldmisdrijven, Postbus 20303, 2500 EH The Hague".
Period covered: 01/02/88 -
The preceding statement concerns Article(s): 12
Declaration contained in the instrument of acceptance, deposited on 16 July 1984 - Or. Engl.
The Kingdom of the Netherlands accepts the said Convention for the Kingdom in Europe.
Period covered: 01/02/88 -
The preceding statement concerns Article(s): 17
|
|
Declaration contained in a letter from the Deputy Permanent Representative of Norway, dated 22 January 2002, registered at the Secretariat General on 23 January 2002 - Or. Engl.
The central authority in respect of Norway is the Ministry of Justice and Police, Department of Civil Affairs, P.O. Box 8005 Dep, N - 0030 OSLO (Tel. +47.22.24.54.51 ; Fax +47.22.24.27.22)
Period covered: 23/01/02 -
The preceding statement concerns Article(s): 12
|
|
Declaration transmitted by the Deputy Permanent Representative of Portugal and registered at the Secretariat General on 23 November 2001 - Or. Fr.The Government of Portugal declares that the Central Authority in Portugal is :
Comissão para a Instrução dos Pedidos
de Indemnização ás Vítimas de Crimes Violentos
Rua das Escadinhas de S. Crispim, n° 7
1149-049 LISBOA
Portugal
Period covered: 01/12/01 -
The preceding statement concerns Article(s): 12
|
|
Declaration contained in a letter from the Deputy to the Permanent Representative of Spain, dated and registered on 14 February 2002 - Or. Fr.
The central authority in respect of Spain is the Direccion General de Costes de Personal y Pensiones Publicas del Ministerio de Hacienda, Almagro 18, 28071 MADRID.
Period covered: 14/02/02 -
The preceding statement concerns Article(s): 12
|
|
Declaration contained in the instrument of ratification, deposited on 30 September 1988 - Or. Engl.
The Central Authority mentioned in Article 12 of the Convention and charged with receiving and taking action on requests for assistance is, in Sweden, the Ministry for Foreign Affairs, Box 16121, 103 23 Stockholm.
Period covered: 01/01/89 -
The preceding statement concerns Article(s): 12
|
|
Declaration contained in a letter from the Permanent Representative dated 17 October 1996, registered at the Secretariat General on 21 October 1996 - Or. Fr.
Central Authority:
Office fédéral de la Justice
Département fédéral de Justice et Police
CH-3003 BERNE.
Period covered: 21/10/96 -
The preceding statement concerns Article(s): 12
|
|
Declaration contained in a letter from the Permanent Representative of the United Kingdom dated 7 February 1990, handed to the Deputy Secretary General at the time of deposit of the instrument of ratification on 7 February 1990 - Or. Engl.
The designated central authority on behalf of England, Scotland and Wales is :
The Criminal Injuries Compensation Board, Whittington House, 19 Alfred Place, GB-LONDON WC1E 7LG
Telephone Number : 636 9501 Telefax Number : 436 0804.
Period covered: 01/06/90 - 16/10/97
The preceding statement concerns Article(s): 12
Declaration contained in a letter from the Permanent Representative of the United Kingdom dated 7 February 1990, handed to the Deputy Secretary General at the time of deposit of the instrument of ratification on 7 February 1990 - Or. Engl.
The designated central authority on behalf of Northern Ireland is :
Northern Ireland Office, Criminal Compensation Division, Royston House, 34 Upper Queen Street, Belfast BT1 6HV, Northern Ireland
Telephone Number : 0232 249944 Telefax Number : 0232 246956.
Period covered: 01/06/90 -
The preceding statement concerns Article(s): 12
Declaration contained in a letter from the Permanent Representative of the United Kingdom, dated 31 May 1995, registered at the Secretariat General on 1 June 1995 - Or. Engl.
In accordance with Article 17, paragraph 2, of the Convention, the Government of the United Kingdom of Great Britain and Northern Ireland declares that the Convention shall apply to the Isle of Man, being a territory for whose international relations the Government of the United Kingdom are responsible.
Period covered: 01/06/95 -
The preceding statement concerns Article(s): 17
Declaration contained in a letter from the Permanent Representation, registered at the Secretariat General on 16 October 1997 - Or. Engl.
Central Authority : For England, Scotland and Wales, new address:
Criminal Injuries Compensation Board (CICB)
Morley House
26-30 Holborn Viaduct
London
EC1A 1JQ
United Kingdom
Tel. 0171.842.6800
Fax. 0171.436.0804.
Period covered: 16/10/97 -
The preceding statement concerns Article(s): 12
Source: Treaty Office on http://conventions.coe.int
Cyprus : 
Czech Republic : 
Finland : 
France : 
Germany : 
Luxembourg : 
Netherlands : 
Norway : 
Portugal : 
Spain : 
Sweden : 
Switzerland : 
United Kingdom :