The right to accompaniment by a person of the victim‘s choice as a key right to avoid secondary victimisation: Exploratory qualitative research in Spain

Abstract

This paper explores the right of any victim of crime to be accompanied by any person of her choice from the first contact with the authorities. This right was formally acknowledged by the Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (2012/29/ EU Directive), and transposed to the 2015 Law 4/2015 of 27 April 2015 on the standing of victims of crime (2015 Law 4/2015), subject to exceptions on reasoned grounds. The rationale for this right is the persistent secondary victimisation of victims in the criminal justice system and the need for a procedural justice approach. This article draws on qualitative exploratory research conducted during September, October and November 2019 in the Basque Country (Spain), based on information collected from fieldwork observation, photos, questionnaires and interviews with victims and legal professionals, as well as secondary data on a Basque Government program that offers more comprehensive professional companionship to women victims of intimate partner violence. It analyses some aspects that emerge from the implementation of this right in Spain. Finally, it concludes that, even if relevant, the specific legal inclusion of this right in the Directive should be complemented with a more responsive perspective of human rights.