The establishment of the Victim Support Service
The Victim Support Service at the Office of the Public Prosecutor (OPP) was established and began operation last year on the 19th of October 2020. It is the first of its kind in Vanuatu specifically within the criminal justice system. The Public Prosecutor has an obligation towards the victims of crime and this is set out in the Public Prosecutors Act, Prosecutions Guidelines, and OPP Victims Charter. The purpose of the OPP Victim Support Service is to assist Public Prosecutor and his officers to fulfill their commitment to assisting and supporting victims of crime in the prosecution process.
What is a victim?
It is important to understand the definition of the term “victim” within the context of Vanuatu as there is no standard definition and it differs for every country. For Vanuatu, if a crime happens to a person, it affects all the members of his/her family including his/her extended family and friends. Victims of crime are persons affected by alleged and proven crimes regardless of whether the accused or offender has been apprehended, charged, prosecuted, or convicted. Just because something cannot be proven, it does not necessarily mean that it did not happen. Some crime associated with domestic violence has happened behind closed doors.
What is the role of the OPP Victim Support Service?
The following describes the role and responsibilities of the Victim Support Officer in assisting and supporting victims of crime:
- provide information about court processes;
- arrange and facilitate counseling where necessary to help victims through the prosecution process so that they are given the tools they need to be able to move on after crime;
- keep updated information and data about victims and their families for communication and prosecution purposes;
- provide victims with additional information about the legal process;
- discuss questions and concerns that victims may have;
- attend court as requested by prosecutor or victim for moral and emotional support;
- arrange a visit to court for victims in order to become familiar with the environment;
- update victims on the status of their case;
Consultation for the Vanuatu National Victim Charter
The Office of the Public Prosecutor has its Victim Charter that guides the work of the OPP Victim Support Officer during the prosecution process, on a broader scale, there is currently no framework or model which protects and safeguards victims of crime in Vanuatu. The Constitution of the Republic of Vanuatu provides for the rights and well-being of an accuse or an offender in the criminal justice context. The Constitution also provides for victims, however it is considered that expansion in this area is required. Therefore, the Office of the Public Prosecutor in partnership with various Government of Vanuatu and Non-Government agencies, will be carrying out a face-to-face consultation concerning a National Victim Charter in all six provinces of Vanuatu. The aim is to create a National Victims Charter and establish an over-arching framework that will protect and; safeguard victims. A National Victims Charter will also provide guidance to agencies and individuals working directly with victims of crime in Vanuatu.
Refer to Victim support manual.
All victims and witnesses
- Before coming to Court the prosecutor should contact victims and witnesses and speak to you about attending Court. If they do not please call the OPP and request an appointment to speak to the Prosecutor handling your matter.
- If you receive a summons you must go to Court. We realise this is often daunting or upsetting for witnesses and victims to go to court and here at the OPP we will do everything we can to make the experience a fulfilling one.
- In your summons you will see there is a contact number, if you have any questions please call this number and we will speak with you.
- If you want to know how the Court works you can look at the Court's website or read through our pamphlet on ‘Going to Court’.
- You can find out more about how the Court works on the Judiciary of the Republic of Vanuatu website.
Children in court
Prosecutors will always apply to the Court so any witness or victims under the age of 18 years will give evidence:
- Without their name being published
- In a closed Court, so no members of the public are present when they give evidence
- With a support person if needed and
- In a setting aimed at protecting the child’s privacy and making it easier for them – for example, Prosecutors will often ask that lawyers remove their formal robes and sit down while talking to the child so they do not appear so intimidating.
Victims of sexual offences
Prosecutors will always apply to the Court so any Victim of a sexual offence will give evidence:
- Without their name being published
- In a closed Court, so no members of the public are present when they give evidence
- Screened from the accused so the accused cannot see them while they give evidence, and
- With the assistance of a support person if needed.
We recognise that talking about the offence will be very difficult for a victim of a sexual offence and will make all efforts to assist these victims to be comfortable as possible. We encourage all victims of sexual offences to contact the Vanuatu Womens Centre for support and counselling both during and after the court process.
Victims of domestic violence
Victims of domestic violence will often feel fearful of coming to Court. It is important that you seek support during the court process and we strongly recommend that you consider speaking to the Vanuatu Womens Centre for support and counselling both during and after the court process. During Court the Prosecutor can apply to the court for certain thinks to be put in place to to assist you such as:
- The accused be screened from you so that you cannot see the defendant while they give evidence
- That, if requested, they be allowed to have a support person if needed to sit with them
We encourage you to keep in contact with the prosecutor and discuss any issues that may arise or pressure you are put under by others.
Victims and witnesses with disabilities
If you have a disability that may affect your ability to give evidence in Court please notify the OPP or police as soon as possible so that we can make arrangement to make it easier for you.
Those arrangements may include, interpreters, specialist transport and medical or psychological assistance.