CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 13 février 2024

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GREECE (Application no. 38588/21)     JUDGMENT   Art 3 and Art 8 • Positive obligations • Failure of investigative and judicial authorities to adequately respond to rape allegations and submit the case to the careful scrutiny required • Adequate legal and regulatory domestic framework not applied in practice as investigation ineffective • Investigating authorities’ failure to take measures to prevent the applicant’s further traumatisation, take sufficient account of her needs and inform her of her rights as a victim, in the light of relevant international standards and recommendations • No analysis by the prosecution and criminal court of the circumstances of the case from the perspective of gender-based violence   Prepared by the Registry. Does not bind the Court.   STRASBOURG 13 February 2024   FINAL   13/05/2024   This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of X v. Greece, The European Court of Human Rights (Third Section), sitting as a Chamber composed of:   Pere Pastor Vilanova , President ,   Jolien Schukking,   Yonko Grozev,   Darian Pavli,   Ioannis Ktistakis,   Andreas Zünd,   Oddný Mjöll Arnardóttir , judges , and Milan Blaško, Section Registrar, Having regard to: the application (no.   38588/21) against the Hellenic Republic lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a British national, Ms Χ (“the applicant”), on 7 July 2021; the decision to give notice to the Greek Government (“the Government”) of the complaints concerning Articles 3 and 8 § 1 of the Convention and to declare inadmissible the remainder of the application; the decision not to have the applicant’s name disclosed; the decision of the United Kingdom’s Government not to avail themselves of their right to intervene in the proceedings (Article 36 § 1 of the Convention); the parties’ observations; Having deliberated in private on 23 January 2024, Delivers the following judgment, which was adopted on that date: INTRODUCTION 1.     The application concerns the applicant’s allegations that the national authorities did not comply with their positive obligations under Articles 3 and   8 of the Convention to conduct an effective investigation and criminal proceedings into her allegations of rape while protecting her rights as a victim of gender-based violence. THE FACTS 2.     The applicant was born in 2000 and lives in Dewsbury, the United Kingdom. At the time of the events in question, she was eighteen years old. She was represented by Mr M. Polak, a lawyer practising in London. 3.     The Government were represented by their Agent, Ms S. Trekli, Senior Adviser at the State Legal Council. 4.     The facts of the case may be summarised as follows. RECORD OF THE ALLEGED INCIDENT AND POLICE INVESTIGATION 5.     On 22 September 2019 the applicant arrived in Parga for a holiday with her mother. On 25 September 2019 she and her mother went to the bar of a hotel near the hotel where they were staying and met the accused, who was employed there as a bartender. On the evening of 26 September 2019, at around 9 p.m., the applicant and her mother went to the hotel bar again. They chatted to the bartender while having drinks. At some point during the evening the mother returned to her room and the applicant stayed with the accused without anyone else being present. She sent her mother a text message at 2.50   a.m. saying that everything was okay. After some time the applicant went back to her room and told her mother that the accused had forced her into having sexual intercourse with him using physical violence. At around 4 a.m. her mother called the Parga police and reported that her daughter had been raped. 6 .     According to the applicant, soon after the call two male police officers arrived and explained that there was nothing they could do until 9 a.m. Her mother insisted that they take action. They eventually led the two women to the police car and drove them around for a while before going back to the hotel where the alleged incident took place and then driving them to the police station. According to the applicant, six other male officers were present. She was asked whether she wanted to speak to the accused, who was in a different room at the police station, but she refused. Her mother went to speak to him while the police officers stood with their backs to him and had no involvement. The applicant was then asked to identify the alleged perpetrator without any official procedure being followed. He was dragged into the room and she was asked to confirm whether it was him, which she did. She was not given anything to drink or eat while she was at the police station, from around 7 a.m. to 11 a.m. The Government did not comment on the applicant’s account of events. 7.     According to the applicant, she requested an official translator in order to give her statement, but was told that no one was available so the owner of the hotel where she had been staying assisted with it. According to her, his English was extremely poor, the statement was written in Greek and, as it was not read back to her, she could not confirm its accuracy. According to the Government, the person in question was an agent representing the travel company which had organised the applicant’s holidays; he was sworn in and appointed as the interpreter and translator of her statement. 8 .     The applicant gave her statement to a male investigating officer and a female police officer as part of the preliminary investigation carried out by the police. According to her statement, she had two alcoholic cocktails at the bar. She drank another drink that the accused had bought for her. He came out of the bar and sat next to her, then put his arm on her shoulder to get closer. At one point, he said “let me show you something” and led her to the basement of the hotel, where there were bathrooms and showers. In the lobby of this area, he took off her clothes and his clothes. As she was dizzy from drinking alcohol, she did not resist and told him to stop, but he did not. He then made her kneel down, pushing her violently with his hands, and would not let her get up. He approached her from behind and had sexual intercourse with her against her will. Her face was pushed against a towel rail. She could not shout out and the pressure on the towels hurt her neck. She did not know whether he had worn a condom. She had blood on her, which she washed off in the shower. They then both got dressed and he offered her to accompany her to her hotel. She did not refuse because she was scared and he walked her to the entrance of her hotel. At the end she stated “I want him to be prosecuted and punished”. She lodged a criminal complaint. 9.     The applicant’s mother also provided a witness statement. She stated that they had been sitting at the bar where the accused worked and had chatted together while having drinks. She then left her daughter alone with the accused and went back to her room. She received a message from her daughter at 2.50 a.m. saying that everything was fine. At some point her daughter came back frightened and told her that the accused had had sexual intercourse with her against her will, so she informed the police. 10 .     The applicant and her mother were then taken in a police vehicle to the Parga Health Centre. According to the applicant, blood samples were taken, even though she was not provided with any information on the type and purpose of the medical examinations. According to the Government, blood and urine samples were taken at the Parga Health Centre to detect the presence of alcohol and drugs. The applicant and her mother were then taken to the Department of Forensic Medicine at the Ioannina University Hospital. The applicant submitted that the accused had been in the car in front of her and that at some stages of the journey their cars had been side by side. She was also confronted with him at the hospital. According to her, she was given no information about the examinations and no explanation of the hospital’s procedure. 11 .     At the hospital, a physical examination was conducted by a male doctor, which revealed a bruise (largest diameter 1.5 cm) on the front inner side of the left thigh (in the middle), a bruise on the outer side of the right thigh (largest diameter 1 cm, on the lower third) and two bruises on the outer side of the right tibia (largest diameter 2.5 cm and 3 cm respectively, on the upper third). The bruises on the thighs were found to be at the stage of resolution. A small abrasion on the outer side of the right knee joint was also found to have been caused recently. A genital examination revealed a perforated hymen, in particular two ruptures at the 5 and 7 o’clock position accompanied by swelling and redness. Small deep red bruises were found in the vulvar vestibule at the 3 and 9 o’clock position. Those injuries ( κακώσεις ) were found to have been caused recently. The examination concluded that the findings supported “entry of a blunt object in the vagina” and that “other lewd acts ( ασελγείς πράξεις ) could not be excluded or confirmed by forensic examination”. The cotton swab used for a vaginal smear test and the applicant’s underwear were handed to the police. 12.     According to the applicant, no explanation was given to her during or after the examinations, despite her mother’s requests. She submitted that while she had been waiting at the hospital, she had been sitting directly across from the accused, who had not been kept separate from her. The police then drove her back to the hotel without providing her with any information or documents relating to the examinations. She was not given any medication. 13 .     According to the applicant, she was informed that the next day she would be picked up to go to another hospital, without being told why. However, on 28 September 2019 police officers instead took her to the Preveza police station, where she was told that she had to sign documents in Greek even though she was not provided with an official translation or an official translator. She submitted that she had signed the documents which, according to a lady who worked in the office brought in by the police to speak to her, were evidence. She was scared and worried about what might happen if she refused. JUDICIAL INVESTIGATION AND Criminal proceedings 14 .     On 28 September 2019 the prosecutor at the Preveza Criminal Court of First Instance requested the Preveza investigating judge to conduct the main investigation and criminal proceedings for rape were brought against the accused. On 30 September 2019 he gave his defence statement. He was banned from leaving the country and released. On the same date the applicant was informed by the British embassy in Athens that the accused had been released pending trial. On 6 July 2020 the main investigation was closed. 15 .     The prosecutor issued her proposal on 9 September 2020, citing Article 336 § 1 of the Criminal Code on rape (see paragraph 20 below). She held as follows: “ ...Subjectively, for the establishment of rape, intent is required ( dolus eventualis suffices), which consists in the will of the offender to coerce another person by physical force or by the threat of grave and imminent danger or both to engage in or tolerate a sexual act and the knowledge, even in the sense of dolus eventualis , that the other person does not consent to it ... Furthermore, to establish force it is not necessary for the victim to have actively resisted, but it is sufficient for the lewd act to have been carried out against his or her will, which was expressed and became apparent to the offender in one way or another. Accordingly, rape also occurs where the victim, out of surprise or fear of the consequences of resistance, or because of weak physical strength or other circumstances, reasonably considered that resistance was impossible or futile and did not resist the perpetrator’s physical violence at all. A fortiori , it is not required that the physical violence and, accordingly, the resistance to it be perpetual, that is to say until the act is completed.” 16 .     She proceeded to hold as follows: “... From the evidence collected ... the following facts have emerged: ... On 25   September 2019 the complainant and her mother went to the bar of the ... Hotel ... and during their time there they met the accused, chatted with him and a climate of intimacy developed, especially between the accused and the complainant. Subsequently, on 26 September 2019 at around [9 p.m.], the women went to the above bar again and the accused, when he saw them, greeted them and started chatting. There was flirting between the accused and the complainant, which was observed by the complainant’s mother, who suggested to the accused to take her daughter out for food and drinks. When the other customers left the bar and the hotel restaurant was closed, the complainant’s mother left for her room. The accused was left alone with the complainant; he offered her an extra drink and came out from the bar to approach her and get closer to her. He put his hand on her shoulder, at the same time expressing his intention to kiss her, and the complainant responded without any objection. The accused then suggested that they go down to the basement of the hotel to have more privacy, to which she agreed. The fact that at around [2.50 a.m.] the complainant contacted her mother and told her that everything was fine is indicative of the fact that everything went smoothly and according to the wishes of both of them. Subsequently, when they went down to the basement of the hotel, where there were toilets, showers and furnished storage areas, they started kissing and had intercourse. During this time, the accused noticed that the complainant was bleeding owing to a rupture of her vaginal hymen and asked her why she had not told him that she had never had sexual intercourse before, but she did not respond, smiled and hugged him. Subsequently, the accused suggested that they take a shower and when they were finished the complainant began kissing the accused again, led him to the toilets and they again engaged in intercourse. When the act of intercourse was completed, they put on their clothes, the accused led the complainant to the bar area and he went down to the basement to clean the area. After about ten minutes, the accused returned to the bar, found the complainant waiting for him and then offered to accompany her to the hotel where she was staying, which they did. When the complainant returned to her room, she told her mother that the accused had forced her into having intercourse with him using physical violence ... In her complaint, the complainant alleges that the accused led her to the basement of the hotel, removed all her clothes and subsequently took off his own and that, despite telling him to stop, the accused continued against her will. She also claimed that he had used physical violence and his superior physical strength, forced her to go down on her knees and with his hands immobilised her so that she could not get up, approached her from behind and had intercourse [with her] against her will. She claimed that when the accused had held her down on her knees, her face had been pushed against a [towel rail] and for that reason she could not cry out for help. However, the above allegations of the complainant are unfounded. In particular, according to the forensic report ... bruises of 1.5, 2.5, 3 cm were found on the front inner side of the left thigh, the outer side of the right thigh and the right tibia, which were at the stage of resolution ... In addition, a recently caused small abrasion on the outer side of the right knee and small deep reddish abrasions were found at the 3 o’clock and 9 o’clock positions in the vulvar vestibule, [as well as] swelling, redness and a rupture of the vaginal hymen. However, it follows from the above that the examination of the complainant did not reveal any objective findings confirming her allegations that she was immobilised by the accused and that her resistance was overcome by his superior physical strength, while the findings in respect of the perigenital region are not indicative of physical violence, but are consistent with the act of intercourse and the rupture of the hymen. Moreover, in addition to the above, the complainant has not provided a convincing explanation as to how she got from the bar area to the basement of the hotel and why the accused, who had previously raped her according to her allegations, accompanied her to the hotel where she was staying with her mother. On the contrary, the accused’s assertion that the complainant consented to the act of intercourse is considered to be well-founded. It follows from all the above that there were no indications that the accused has committed the offence of rape and [that] for this reason your Indictments Division should decide to drop the charges against him ...” 17 .     On 2 October 2020 the Indictments Division of the Preveza Criminal Court of First Instance issued decision ( βούλευμα ) no. 59/2020, which started by citing the prosecutor’s proposal (see paragraphs 14-16 above) Then, considering the evidence gathered during the investigation, in particular the witness statements, forensic report, documents and the accused’s defence statement, it referred to the facts as established in the prosecutor’s proposal and ruled that there were insufficient indications to pursue a public criminal trial against the accused for the offence of rape under Article 336 § 1 of the Criminal Code and that the charges should be dropped. It lifted the ban on him leaving the country and stated that costs should not be charged against the complainant (the applicant) as it had not been established that her complaint was entirely false and had been made with intent or gross negligence or was fraudulently distorted. SUBSEQUENT EVENTS 18 .     On 10 November 2020 the applicant’s representative emailed the consul at the British embassy in Athens for an update, stating that her family were having difficulties receiving information on the case. The consul replied on the same day that, according to the Preveza police, the case file was being dealt with by the Preveza prosecutor but the prosecutor’s office would not share any details of the case with the embassy. On 13 January 2021 the consul informed the applicant’s representative that the embassy had received unconfirmed information that the accused “had been acquitted” and the representative responded that the family was not aware of that and that the applicant had not been invited to give evidence. On 14 January 2021 the consul informed the representative by email that, according to the prosecutor’s office, decision no. 59/2020 had been issued on 2 October 2020 “to absolve the accused”, and he was sent the contact details of the Preveza Criminal Court of First Instance and the Preveza prosecutor’s office. The consul also advised the applicant’s family to appoint a local lawyer and provided them with a list of lawyers. On the same date the representative emailed the court and the prosecutor’s office, requesting information on the case. 19 .     On 25 January 2021 the applicant emailed the Preveza prosecutor’s office herself, requesting all police and hospital records and information on the procedure to access them. On 29 January 2021 the prosecutor’s office replied, stating that, in accordance with Greek criminal procedural law, she was not a civil party to the case as she had not declared that in her statement and paid the relevant fee and that, moreover, the relevant time-limit had expired. She could not therefore receive a copy of the file. The prosecutor’s office did inform her, however, that the case against the accused had been dismissed on the merits by decision no. 59/2020 of the Preveza Indictments Division. On 1 February 2021 the prosecutor’s office reiterated in an email to the British embassy in Athens that the applicant had not been notified of that decision because in her statement she had not declared that she was joining the proceedings as a civil party and had not paid the relevant fee. They also stated that she had not appeared to testify before the investigating judge the day after the incident or appointed a lawyer to represent her. They stated that the prosecutor at the Ioannina Court of Appeal had been notified of the decision but that as no appeal had been lodged, the file had been returned to the Preveza prosecutor’s office, which had agreed to provide a copy of the decision to any lawyer appointed by the embassy. RELEVANT LEGAL FRAMEWORK Relevant domestic law Criminal Code 20 .     The relevant parts of Article 336 of the Criminal Code on rape, as applicable at the relevant time, provided as follows: “1.     Anyone who, through physical violence or threat of serious and imminent danger to life or physical integrity, forces another into engaging in or tolerating a sexual act shall be punished by imprisonment of up to ten (10) years. ... 4.     Anyone who, except in the case referred to in paragraph 1, performs a sexual act without the consent of the victim, shall be punished by imprisonment of up to ten (10) years.” Code of Criminal Procedure 21 .     The relevant provisions of the Code of Criminal Procedure provide as follows: Article 82 Declaration in support of the charges “1.     Anyone who has the right to support the charges ... in the criminal court ... may declare that he or she is joining the proceedings to support the charges. ... 3.     A declaration in support of the charges shall not replace the criminal complaint in cases where [the criminal complaint] is necessary for the prosecution ... nor shall the criminal complaint itself be treated as a declaration in support of the charges. 4.     Anyone who declares that he or she is joining the proceedings to support the charges shall acquire the status of party to the proceedings immediately after [his or her] declaration, pursuant to the requirements laid down in the following Article.” Article 83 Declaration requirements “1.     A declaration in support of the charges shall be made either in the complaint or in a separate document, [during] the investigation ... to the competent prosecutor, either in person or by a lawyer who has power of attorney ... The statement may be also submitted to the person conducting the preliminary investigation or investigation, even during the period when the person entitled to it is being questioned as a witness.” Rights of the parties Article 89 Appointment and number of parties’ representatives “1.     No party may be represented ... by more than two lawyers during the pre-trial stage and three during the trial stage. 2.     A representative for the suspect, accused or person [who has joined the proceedings] to support the charges shall be appointed ...” Article 92 Measures during which parties may be present “1.     The parties shall have the right to be represented by a lawyer during every investigative act with the exception of the examination of witnesses and the accused... For this reason, the parties are invited in good time to attend themselves or be represented by their lawyers.” Article 100 Right of access to the case material “1.     The investigating judge, as soon as the accused appears or is brought before him or her to submit his or her defence, shall inform [the accused] of the content of the indictment and the investigation documents. The accused is also allowed to consult the indictment and investigation documents him or herself or via his or her representative. A copy of the indictment and investigation documents shall be provided to the accused at [his or her] written request and at his or her own cost.” Article 107 Rights of persons in support of the charges “Anyone who [has joined the proceedings] to support the charges shall have the rights referred to in Articles 92 and 100. The right under Article 100 may be exercised from the time the suspect is invited to provide explanations or the accused is summoned to submit his or her defence, or from the time an arrest warrant or forcible summons is issued against him or her.” Article 233 Appointment of an interpreter “1.     Interpretation shall be provided without delay at every stage of the criminal proceedings, when suspects, accused persons or witnesses who do not speak or sufficiently understand the Greek language are about to be questioned ... If necessary, communication technology such as videoconferencing, telephone or Internet may be used, unless the physical presence of the interpreter is considered necessary by the investigating authority. 2.     The interpreter shall be appointed from a list drawn up by the Indictments Division of the Criminal Court of First Instance, following a proposal from the prosecutor, within the last ten days of September of every year, from among persons residing or working at its headquarters, preferably civil servants ... In extremely urgent cases, and where it is impossible to appoint an interpreter from those on the list, a person who is not included in the list may be appointed as interpreter ... 3.     By decision of the Minister of Justice ... the qualifications of persons who may be included in the list shall be determined.” Law no. 4478/2017 transposing Directive 2012/29/EU into Greek Law 22 .     The relevant provisions of Law no. 4478/2017, transposing the Victims’ Rights Directive (2012/29/EU) into Greek law, read, at the material time, as follows: Article 56 – Right of victims to understand and be understood (Article 3 of Directive 2012/29/EU) “2.     During their first contact with the victim, the police or other competent authority shall use simple and accessible language in communicating with the victim, orally or in writing ... For that purpose, a rights guide is available, written in the most commonly spoken languages, as well as in Braille.” Article 58 – Right of victims when making a complaint (Article 5 of Directive 2012/29/EU) “1.     Victims shall receive, if they so request, a copy of the complaint they have made. For that purpose, the official receiving the complaint is obliged to inform the victims of this right. ... 3.     Victims who do not understand or speak the Greek language, shall receive translation, free of charge, of the document provided for in paragraph 1, if they so request, in a language that they understand.” Article 59 – Right of victims to receive information about their case (Article 6 of Directive 2012/29/EU) “1.     Victims shall be notified without unnecessary delay of their right to receive information, if they so request, about the criminal proceedings instituted as a result of their complaint of a criminal offence, in particular as regards: (a) any order or decision not to charge or to end prosecution or not to prosecute the offender, including the reasons or a brief summary of the reasons for the order or decision; (b) the time and place of the trial and the nature of the charges against the offender; (c) information about the criminal proceedings instituted and the final decision issued, in accordance with the provisions of the Code of Criminal Procedure, provided that the victim has become a lawful party to the criminal proceedings. ... 2.     The information referred to in paragraph 1 may be sent to an email address provided by the victim or handed to the victim personally or to the victim’s appointed lawyer if the victim has declared that he or she wishes to join the proceedings as a civil party. 3.     The victim can revoke anytime his or her request relating to the exercise of ... the rights laid down in the present Article, except for the right of information deriving from his or her capacity as a civil party.” Article 60 – Right to interpretation and translation (Article 7 of Directive 2012/29/EU) “8.     ... The victim has the right to lodge objections against a decision that interpretation is unnecessary or where the quality of the interpretation is insufficient. Objections shall be decided by the prosecutor during the preliminary investigation, by the Indictments Division during the main investigation and by the court during the main proceedings.” Article 65 – Right to avoid contact between victim and offender (Article 19 of Directive 2012/29/EU) “1.     ... The victim may request in writing that measures be taken to avoid contact between him or her and, if required, his or her family and the offender in the premises where the criminal proceedings are conducted. The Criminal Court of First Instance shall decide on such a request by final decision ... at any stage of the proceedings ...” Article 68 – Individual assessment of victims to identify specific protection needs (Article 22 of Directive 2012/29/EU) “1.     ... The law enforcement, prosecuting and judicial authorities before which a case is pending shall inform and refer victims, if they so request, to the ... services, which shall conduct an individual assessment of the victim in a timely manner to identify any special protection needs, to assess whether and to what extent the victim can benefit from special protection measures during the criminal proceedings ...” Article 69 – Right to protect victims with specific protection needs during criminal proceedings (Articles 23 and 24 of Directive 2012/29/EU) “2.     (d) all interviews with victims of sexual, gender-based or domestic violence, unless conducted by a prosecutor or a judge, shall be conducted by a person of the same sex as the victim, if the victim so wishes, provided that the course of the criminal proceedings will not be prejudiced.” Relevant international law AND PRACTICE European Union law and materials Victims’ Rights Directive (2012/29/EU) 23 .     On 25 October 2012 Directive 2012/29/EU of the European Parliament and of the Council establishing minimum standards on the rights, support and protection of victims of crime (“the Victims’ Rights Directive”) was adopted, replacing Council Framework Decision 2001/220/JHA. It was transposed into Greek law by Law no. 4478/2017 (see paragraph 22 above). The relevant parts provide as follows: Recital 19 “A person should be considered to be a victim regardless of whether an offender is identified, apprehended, prosecuted or convicted and regardless of the familial relationship between them ...” Recital 22 “The moment when a complaint is made should, for the purposes of this Directive, be considered as falling within the context of the criminal proceedings. This should also include situations where authorities initiate criminal proceedings ex officio as a result of a criminal offence suffered by a victim.” Recital 37 “Support should be available from the moment the competent authorities are aware of the victim and throughout criminal proceedings and for an appropriate time after such proceedings in accordance with the needs of the victim and the rights set out in this Directive ...” Recital 53 “The risk of secondary and repeat victimisation, of intimidation and of retaliation by the offender or as a result of participation in criminal proceedings should be limited by carrying out proceedings in a coordinated and respectful manner, enabling victims to establish trust in authorities. Interaction with competent authorities should be as easy as possible whilst limiting the number of unnecessary interactions the victim has with them through, for example, video recording of interviews and allowing its use in court proceedings. As wide a range of measures as possible should be made available to practitioners to prevent distress to the victim during court proceedings in particular as a result of visual contact with the offender, his or her family, associates or members of the public. To that end, Member States should be encouraged to introduce, especially in relation to court buildings and police stations, feasible and practical measures enabling the facilities to include amenities such as separate entrances and waiting areas for victims. In addition, Member States should, to the extent possible, plan the criminal proceedings so that contacts between victims and their family members and offenders are avoided, such as by summoning victims and offenders to hearings at different times.” Article 3 – Right to understand and to be understood “1.     Member States shall take appropriate measures to assist victims to understand and to be understood from the first contact and during any further necessary interaction they have with a competent authority in the context of criminal proceedings, including where information is provided by that authority. 2.     Member States shall ensure that communications with victims are given in simple and accessible language, orally or in writing. Such communications shall take into account the personal characteristics of the victim including any disability which may affect the ability to understand or to be understood ...” Article 4 – Right to receive information from the first contact with a competent authority “1.     Member States shall ensure that victims are offered the following information, without unnecessary delay, from their first contact with a competent authority in order to enable them to access the rights set out in this Directive: (a) the type of support they can obtain and from whom, including, where relevant, basic information about access to medical support, any specialist support, including psychological support, and alternative accommodation; (b) the procedures for making complaints with regard to a criminal offence and their role in connection with such procedures; (c) how and under what conditions they can obtain protection, including protection measures; (d) how and under what conditions they can access legal advice, legal aid and any other sort of advice; (e) how and under what conditions they can access compensation; (f) how and under what conditions they are entitled to interpretation and translation; (g) if they are resident in a Member State other than that where the criminal offence was committed, any special measures, procedures or arrangements, which are available to protect their interests in the Member State where the first contact with the competent authority is made; (h) the available procedures for making complaints where their rights are not respected by the competent authority operating within the context of criminal proceedings; (i) the contact details for communications about their case; (j) the available restorative justice services; (k) how and under what conditions expenses incurred as a result of their participation in the criminal proceedings can be reimbursed. 2.     The extent or detail of information referred to in paragraph 1 may vary depending on the specific needs and personal circumstances of the victim and the type or nature of the crime. Additional details may also be provided at later stages depending on the needs of the victim and the relevance, at each stage of proceedings, of such details.” Article 5 – Right of victims when making a complaint “1.     Member States shall ensure that victims receive written acknowledgement of their formal complaint made by them to the competent authority of a Member State, stating the basic elements of the criminal offence concerned. 2.     Member States shall ensure that victims who wish to make a complaint with regard to a criminal offence and who do not understand or speak the language of the competent authority be enabled to make the complaint in a language that they understand or by receiving the necessary linguistic assistance. 3.     Member States shall ensure that victims who do not understand or speak the language of the competent authority, receive translation, free of charge, of the written acknowledgement of their complaint provided for in paragraph 1, if they so request, in a language that they understand.” Article 6 – Right to receive information about their case “1.     Member States shall ensure that victims are notified without unnecessary delay of their right to receive the following information about the criminal proceedings instituted as a result of the complaint with regard to a criminal offence suffered by the victim and that, upon request, they receive such information: (a) any decision not to proceed with or to end an investigation or not to prosecute the offender; (b) the time and place of the trial, and the nature of the charges against the offender. 2.     Member States shall ensure that, in accordance with their role in the relevant criminal justice system, victims are notified without unnecessary delay of their right to receive the following information about the criminal proceedings instituted as a result of the complaint with regard to a criminal offence suffered by them and that, upon request, they receive such information: (a) any final judgment in a trial; (b) information enabling the victim to know about the state of the criminal proceedings, unless in exceptional cases the proper handling of the case may be adversely affected by such notification. ... 3.     Information provided for under paragraph 1(a) ... shall include reasons or a brief summary of reasons for the decision concerned ... 4.     The wish of victims as to whether or not to receive information shall bind the competent authority, unless that information must be provided due to the entitlement of the victim to active participation in the criminal proceedings. Member States shall allow victims to modify their wish at any moment, and shall take such modification into account. 5.     Member States shall ensure that victims are offered the opportunity to be notified, without unnecessary delay, when the person remanded in custody, prosecuted or sentenced for criminal offences concerning them is released from or has escaped detention ... . ...” Article 7 – Right to interpretation and translation “1.     Member States shall ensure that victims who do not understand or speak the language of the criminal proceedings concerned are provided, upon request, with interpretation in accordance with their role in the relevant criminal justice system in criminal proceedings, free of charge, at least during any interviews or questioning of the victim during criminal proceedings before investigative and judicial authorities, including during police questioning, and interpretation for their active participation in court hearings and any necessary interim hearings. 2.     Without prejudice to the rights of the defence and in accordance with rules of judicial discretion, communication technology such as videoconferencing, telephone or internet may be used, unless the physical presence of the interpreter is required in order for the victims to properly exercise their rights or to understand the proceedings. 3.     Member States shall ensure that victims who do not understand or speak the language of the criminal proceedings concerned are provided, in accordance with their role in the relevant criminal justice system in criminal proceedings, upon request, with translations of information essential to the exercise of their rights in criminal proceedings in a language that they understand, free of charge, to the extent that such information is made available to the victims. Translations of such information shall include at least any decision ending the criminal proceedings related to the criminal offence suffered by the victim, and upon the victim’s request, reasons or a brief summary of reasons for such decision ... . ... 6.     Notwithstanding paragraphs 1 and 3, an oral translation or oral summary of essential documents may be provided instead of a written translation on condition that such oral translation or oral summary does not prejudice the fairness of the proceedings. 7.     Member States shall ensure that the competent authority assesses whether victims need interpretation or translation as provided for under paragraphs 1 and 3. Victims may challenge a decision not to provide interpretation or translation. The procedural rules for such a challenge shall be determined by national law. 8.     Interpretation and translation and any consideration of a challenge of a decision not to provide interpretation or translation under this Article shall not unreasonably prolong the criminal proceedings.” Article 8 – Right to access victim support services “1.     Member States shall ensure that victims, in accordance with their needs, have access to confidential victim support services, free of charge, acting in the interests of the victims before, during and for an appropriate time after criminal proceedings. Family members shall have access to victim support services in accordance with their needs and the degree of harm suffered as a result of the criminal offence committed against the victim. 2.     Member States shall facilitate the referral of victims, by the competent authority that received the complaint and by other relevant entities, to victim support services. 3.     Member States shall take measures to establish free of charge and confidential specialist support services in addition to, or as an integrated part of, general victim support services, or to enable victim support organisations to call on existing specialised entities providing such specialist support. Victims, in accordance with their specific needs, shall have access to such services and family members shall have access in accordance with their specific needs and the degree of harm suffered as a result of the criminal offence committed against the victim. 4.     Victim support services and any specialist support services may be set up as public or non-governmental organisations and may be organised on a professional or voluntary basis. 5.     Member States shall ensure that access to any victim support services is not dependent on a victim making a formal complaint with regard to a criminal offence to a competent authority.” Article 9 – Support from victim support services “1.     Victim support services, as referred to in Article 8(1), shall, as a minimum, provide: (a) information, advice and support relevant to the rights of victims including on accessing national compensation schemes for criminal injuries, and on their role in criminal proceedings including preparation for attendance at the trial; (b) information about or direct referral to any relevant specialist support services in place; (c) emotional and, where available, psychological support; (d) advice relating to financial and practical issues arisi