One-stop shop for victims of terrorist acts within the Financial Aid Commission

Transcription

1 ISO: BE COUNTRY: MINISTRY: OFFICE: Belgium Ministry f Justice One-stp shp fr victims f terrrist acts within the Financial Aid Cmmissin NOTES: Fllwing the terrrist attacks in Brussels n 22 March 2016, the Financial Aid Cmmissin has prvided a ne-stp shp fr victims f terrrist acts. A number f cnditins have been relaxed r even eliminated when aid is sught fr acts f terrrism PHONE: MAIL: terrrvictims@just.fgv.be ADDRESS: SPF JUSTICE, Bd de Waterl Brussels WEB SITE: _victimes_dactes_de_terrrisme Name f the law: Arrêté ryal prtant recnnaissance d actes en tant qu actes de terrrisme (15 mars 2017 link t the law Specific Law: YES FOLLOW UP: This infrmatin has been prvided by the «Cmmissin pur l aide financière aux victimes d actes intentinnels de vilence chambre des victimes du terrrisme» after a questinnaire prepared by EPAVT. 1. The Name f the Office that in yur cuntry will be respnsible fr prviding supprt services fr victims f terrrism. a) Fr financial supprt / state Cmpensatin Scheme and cntact pint fr victims f terrrism : THE COMMISSION FOR FINANCIAL AID FOR VICTIMS OF INTENTIONAL ACTS OF VIOLENCE. Tel terrrvictims@just.fgv.be b) Supprt services (scial assistance, psychlgical assistance) depend frm the different Cmmunities & Regins f Belgium. They all have their specific services. Fr Flanders: (new website currently under cnstructin)

2 Fr Wallnia and French Cmmunity / German Cmmunity: (new website currently under cnstructin) Infrmatin regarding the criminal prceedings f a terrrist attack The Criminal prceedings depend frm the Parquet federal (Prsecutin Office) in Brussels. Address : Rue aux Laines 66, 1000 Brussels Tel : What kind f infrmatin will this service prvide? The Belgian Cmmissin fr Financial Aid Fr Victims f Intentinal acts f vilence is a gvernment funded cmmissin established in 1985 whse aim is t financially assist victims f vilent crimes. The Cmmissin is an administrative jurisdictin. The scheme which is based upn the idea f the public slidarity is intended t be a financial supprt and nt t prvide a full cmpensatin. The Scheme is based upn the subsidiary character and is intended t be ne f last resrt. It means that the victims must first seek their cmpensatin thrugh the perpetratrs f the crime and/r thrugh insurance(s). The applicatin frms and the decisins f the Cmmissin are nly in the natinal languages (French, Dutch & German). Fr the crss-brders cases, English is accepted t apply in frnt f the Cmmissin but the whle prcedure will be in ne f the natinal languages. Prceedings befre the cmmissin are free. After the terrrist attacks f 22 March 2016 the Cmmissin has established a special divisin within the Cmmissin t secure assistance f the victims f the terrrist attacks. There are sme particularities fr the financial supprt scheme fr the victims f terrrism :

3 The victims f the terrrist attacks may apply fr: - Emergency supprt is available fr thse wh were hspitalized after the terrrist attacks and the family relatives f a deceased victim f the attacks (regardless f the final decisin frm the insurances); - And principal supprt fr all elements f the damage including mral damage, lss f incmes, medical csts, the lss f a schling year,.but fr the principal supprt we d take int accunt the interventin f the insurances. The victims (and their families) frm the terrrist attacks shuld nt prvide any infrmatin abut the state f the legal prcedure (s the Prceedings part f the applicatin frm shuld nt be fulfilled). These legal elements are nt required fr the applicatin in frnt f the Cmmissin fr thse victims. Even if the fficial decisins remain in French r Dutch, victims f terrrism may apply in English and the legal dcuments f the prcedure will be translated in English (including the decisins). CATEGORIES OF VICTIMS WHO CAN APPLY FOR A FINANCIAL SUPPORT: - DIRECT VICTIM (The victim wh suffered a severe physical r psychlgical damage) - INDIRECT VICTIMS (1) : the family relatives entitled t inherit up t the secnd degree f a persn wh died fllwing an intentinal act f vilence as well as the in-laws up t the secnd degree f kinship f a persn wh died fllwing an intentinal act f vilence; - INDIRECT VICTIMS (2) : the family relatives entitled t inherit up t the secnd degree f kinship f a nt deceased persn wh suffered a severe physical r psychlgical damage fllwing an intentinal act f vilence as well as t the in-laws up t the secnd degree f kinship f a nt deceased persn wh suffered a severe physical r psychlgical damage fllwing an intentinal act f vilence - OCCASIONAL HEROES : peple wh are nt prfessinal rescuers but wh did intervene t save smene and ware als injured THE FINANCIAL SUPPORT is nt limited t peple f a certain natinality r t peple resident in a certain cuntry. It als applies t the case f illegal residence. AMOUNTS The Emergency supprt can be awarded t a maximum f The Principal Supprt can be awarded t a maximum f

4 But the maximum the Cmmissin may award t a victim is : (s if the victim has received an emergency supprt f , the maximum she culd be awarded fr the Principal Supprt is ). WHICH LOSSES CAN BE COMPENSATED? FOR DIRECT VICTIMS / OCCASIONAL HEROES The cmmissin rules exclusively n the fllwing elements f the damage suffered mral damage; temprary r permanent disability; medical and hspitalizatin expenses, including prsthesis expenses; lss r reductin f earnings resulting frm temprary r permanent inability t wrk; csmetic damage; legal csts up t 4,000 eurs (prceedings csts); material expenses up t 1,250 eurs; damage arising frm the lss f ne r mre years f schling. FOR INDIRECT VICTIMS Fr the granting f a financial supprt t the clse relatives f a deceased victim, the cmmissin rules exclusively n the fllwing elements f the damage suffered mral damage; medical and hspitalizatin expenses; the lss f allwances fr individuals wh, at the time when the victim died, were dependent n him/her; funeral expenses up t 2,000 eurs; legal csts up t 4,000 eurs; damage arising frm the lss f ne r mre years f schling. Fr the granting f a financial supprt t the family relatives f nt deceased victim, the cmmissin rules exclusively n the fllwing elements f the damage suffered: mral damage; medical and hspitalizatin expenses; legal csts up t 4,000 eurs.

5 3. Will this ffice assist victims f terrrism in btaining infrmatin frm the cuntry in which the terrrist attack tk place if they are residents in yur cuntry and nt in the Member State where the terrrist ffence was cmmitted? The Cmmissin fr financial aid might assist residents in Belgium if they were victims f an act f terrrism in anther cuntry. Since February 2017, new Ryal Decrees have als established the pssibility fr victims f acts f terrrism abrad t get a financial supprt frm the Belgium State but under certain circumstances: - they must be Belgian natinals r permanent residents n Belgian sil; - the event that ccurred must be fficially recgnized by the Belgian Federal State as an act f terrrism (thrugh a Ryal Decree) - the principle f subsidiarity still applies. 4. D yu fresee a specific law fr victims f terrrism r d yu fresee a mdificatin f an already existing law? Beligum has passed an Arret Ryal 15 MARS Arrêté ryal prtant recnnaissance d actes en tant qu actes de terrrisme and a law Amendments f the existing Law fr the State Cmpensatin/financial aid Scheme are in discussin. The new amended Law is expected befre the end f the year What infrmatin must a victim f an attack prvide t yur natinal authrities t btain attentin and supprt? - Identity data; - Medical reprts with descriptin f the physical and/r psychlgical injuries/ damage - Cpy f the medical / funeral /. Expenses (bills, ) - Evidence f the lss f incme shuld they require financial cmpensatin fr that element f their damage; - Elements / infrmatin regarding the interventin f the insurances.