8 ACCESS TO JUSTICE INCLUDING RIGHTS OF CRIME VICTIMS ����������������������������������������������������������������������������������� 201
8.2. Protecting procedural rights in criminal proceedings
8�3�1� Reinforcing generic victim support services
and reaching more victims ��������������������������������������� 206
8�3�2� Trends in support services for child victims ������������ 208
8�4� Violence against women and domestic violence ������������������ 208
8�4�1� Developments at EU level ���������������������������������������� 209
8�4�2� Improvements at Member State level �������������������� 209
8�4�3� Violence against asylum-seeking women �������������� 212
FRA opinions ���������������������������������������������������������������������������������������� 213
Endnotes ���������������������������������������������������������������������������������������������� 216
28 January – Council of Europe’s Parliamentary Assembly (PACE) adopts Resolution 2093 (2016) on recent attacks against women: the need for honest reporting and a comprehensive response
January February
4 March – Acting on behalf of PACE, the Standing Committee adopts Resolution 2101 (2016) on the systematic collection of data on violence against women
March
21 April – Council of Europe (CoE) launches its 2016-2021 Action plan on strengthening judicial independence and impartiality
April
2 May – Czech Republic ratifies the Council of Europe’s Convention on Action against Trafficking in Human Beings 9-13 May – Sub-Committee on accreditation of the global alliance of national human rights institutions recommends that the Greek National Commission for Human Rights be downgraded to B status
May
19 June – In Resolution A/HRC/32/L�19, the UN Human Rights Council (UN HRC) welcomes the report of the UN High Commissioner for Human Rights on ‘Improving accountability and access to remedy for victims of business-related human rights abuse’ adopted on 10 May 2016 23 June – In Baka v� Hungary (No� 20261/12), the European Court of Human Rights (ECtHR) holds that the premature termination of the President of the Hungarian Supreme Court’s mandate on account of his criticisms of legislative reforms violated his right to a fair trial in form of access to court and the right of freedom of expression (Articles 6 and 10 of the ECHR)
June July August
13 September – In Ibrahim and Others v� United Kingdom [GC] (No� 50541/08), the ECtHR holds that the right to access a lawyer can be restricted to protect the rights of others and that the right to be informed on one’s defence rights is inherent in the right to a fair trial (Article 6 of the ECHR) 28 September – UN HRC adopts its annual resolution A/HRC/33/L�17/Rev�1, encouraging different bodies across the UN system to further
enhance opportunities for NHRIs to contribute to their work
September
28 October – European Network of National Human Rights Institutions issues a statement to support the Commissioner for Human Rights, Polish NHRI, in its work to promote and protect human rights in Poland and urges all relevant actors to take prompt action to ensure that the commissioner has sufficient funding to support its independence and carry out its mandate in line with the UN Paris Principles
October
9 November – CoE’s Goup of Experts on Action against Violence against Women and Domestic Violence (GREVIO) considers a state report submitted by Austria on implementation of the Istanbul Convention, under the evaluation procedure provided for under Article 68 (1) 19 November – CoE, the European Network of National Human Rights Institutions, the International Ombudsman Institute, the Office of the UN High Commissioner for Human Rights and the OSCE Office for Democratic Institutions and Human Rights issue a joint statement calling for support for strong and independent national human rights institutions in the OSCE region and highlighting the important role of NHRIs in times when human rights and fundamental freedoms are under threat
November December
January February
4 March – European Commission proposes the EU’s accession to the Council of Europe’s Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention), alongside Member States that ratified the convention 9 March – Council of the EU and European Parliament (EP) adopt Directive 2016/343/EU on strengthening certain aspects of the presumption of innocence and the right to be present at trial in criminal proceedings
March
5 April – In the joined cases Aranyosi (C-404/15) and Căldăraru (C-404/15) and the Court of Justice of the European Union (CJEU) rules that the execution of a European arrest warrant must be deferred if there is a real risk of inhuman or degrading treatment because of the conditions of detention of the person concerned in the Member State where the warrant was issued
April
11 May – Council of the EU and EP adopt Directive 2016/800/EU on procedural safeguards for children who are suspects and accused persons in criminal proceedings
May
9 June – In Criminal Proceedings against István Balogh (C-25/15), the CJEU clarifies the meaning of ‘criminal proceedings’ in Directive 2010/64/EU on the right to interpretation and translation
9–10 June – Justice and Home Affairs Council establishes an (informal) European Network on Victims’ Rights based on Article 26 (1) of Directive 2012/29/EU, with the purpose of aiding, stimulating and recommending improvements on EU legislation regarding victims’
rights; the European Commission will also be involved and other bodies and agencies can be invited
20 June – Council of the EU adopts Conclusions on business and human rights, reaffirming the EU’s active engagement in preventing abuses and ensuring remedies worldwide, and to ensure implementation of the UN guiding principles on business and human rights
June July August September
11 October – In European Commission v� Italian Republic (C-601/14), the CJEU states that Article 12 of Directive 2004/80/EC relating to the compensation of crime victims guarantees all EU citizens appropriate and fair compensation for injuries suffered from violent intentional crimes, as this is corollary to freedom of movement
25 October – EP adopts a resolution with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights; this mechanism should include objective benchmarks and lay down a gradual approach to remedying breaches
26 October – Council of the EU and EP adopt Directive 2016/1919/EU on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings
October
24 November – EP adopts a motion for a Resolution on the EU’s accession to the Istanbul Convention, calling on the Council of the EU and the Commission to speed up negotiations on the signing and conclusion of the convention
27 November – Transposition deadline for Directive 2013/48/EU on the right to a lawyer in criminal proceedings and the right to have a third party informed upon deprivation of liberty
November
13 December – EP adopts a resolution on the situation of fundamental rights in the EU in 2015, reiterating its call for the establishment of a Union Pact on Democracy, Rule of Law and Fundamental Rights; this should include an annual report with country-specific recommendations based on a variety of sources - including FRA, Council of Europe and UN reports, should incorporate and complement existing instruments such as the Justice Scoreboard, and replace the Cooperation and Verification mechanism for Romania and Bulgaria