victims of terrorism michael oconnel

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Michael O’Connell

Commissioner for Victims’ Rights

TIVI & University of Indonesia

July 2011

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• Carbombing – suicide bombing – abduction – smuggling – hostage taking – kidnapping - homicide – mass violence – hijacking – money laundering

(UNODC 2009)

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• What is terrorism – beyond the horrific images that are portrayed by the media and the doomsday prophesies?

• The meaning attributed in law to terrorism is crucial to establishing (and limiting) which acts or

omissions are criminal victimisation but not so

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'One person's terrorist is another person's

freedom fighter'

'...terror is often at its bloodiest when used

by dictatorial governments against their

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The first terrorism in Europe:

• French revolution of 1789. • Governments in Paris tried to

impose their radical new order on a reluctant citizenry, largely by violence.

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• During the 19th century terrorism began to be associated, (as it is today) with non-governmental groups.

• “Through-out the post-World War II era, terrorism was strategic warfare on the cheap.” (Hamm 2007, p 2)

• In the late 1980s a study identified a total of 109 different definitions.

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• In September 1970, Palestinian terrorists hijacked several large aircraft and blew them up on the ground in Jordan but let the

passengers free.

Was this terrorism?

• In September 1972, eleven Israelis were murdered in a Palestinian attack on Israeli

athletes at the Olympic Games at Munich.

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• Domestic violence – “India has often blamed terrorist attacks on foreign groups. But deadly

bombings in a city known for

religious discord have rasied the specter of a threat closer to

home.” (Thottam 2008, p32)

Can terrorism be ‘home-grown’? July 11, 06

Mumbai

180 killed

February 19, 07

Train for Pakistan

66 killed

July 26, 08

Ahmedabad

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• Across our world, since

September 11, 2001 the term “terrorism” has become a focus for debate in legal and political circles.

• There are legal, political, social, cultural and economic

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DEFINING TERRORISM

• A specific approach to defining terrorism might be to focus on the actual act or omission, or modus operandi.

Hijacking and taking hostages, for example, are widely accepted as terrorist acts.

International Convention against the Taking of Hostages and the

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DEFINING TERRORISM

• A general approach would describe terrorism by

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DEFINING TERRORISM

An International Definition - UN General Assembly

• During 1960s attempted to formulate an internationally acceptable definition of terrorism.

Many members were reluctant to outlaw terrorism unless international community agreed to address the 'causes of terrorism‘.

Other members argued that to do so, suggested that terrorism was a response to genuine grievances, which implied that it was

justified.

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DEFINING TERRORISM

UN General Assembly

• In the 1990s, UNs’ Legal Committee promulgated a definition:

Reiterates that criminal acts intended or calculated to provoke a state of terror in the general public, a group of persons or

particular persons for political purposes are in any

circumstances unjustifiable, whatever the considerations of a political, philosophical, ideological, racial, ethnic, religious or other nature that may be used to justify them.

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Terrorism as defined in the United States

“An activity that involves a violent act or an act of dangerousness to

human life that is in violation of the criminal laws of the United States, or of any State…and that

appears to be intended to intimidate or coerce a civilian population…..or to influence the

policy of government by assassination or kidnapping.”

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Australian definition of terrorism:

Violence intended to further a “political, religious or ideological cause” through intimidation

AND

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TERRORISM AS MASS VIOLENCE

An intentional violent criminal act, that results in –

physical emotional or

psychological injury

to a sufficiently large number of people as to significantly

increase the burden of victim assistance for the responding jurisdiction.

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TERRORISM

“… Political, sociological and criminological accounts exist

… majority of [literature] examines the causes of terrorism within a psychological framework.” (Arena & Arrigon 2006, p3)

Who should be at the centre of our research?

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VICTIMOLOGY

• What have we learnt about:

Role of theory?

Effects of a traumatic event or incident?

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• Cause

• Appraisal of Event • Psychological Impact • Subjective Experience

• Worldview / Basic Assumptions • Stigmatisation of Victims

• Media

• Secondary Injury

SOURCES OF VICTIMISATION

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WHO IS A VICTIM?

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“I’ve not slept for 70 hours or more, walking, watching,

waiting, praying for the end of this nightmare from which, at some stage, I must awake. But the reality is beginning to set in and I know only too well that at least in this life I shall never speak openly with my son. Never again shall I laugh with him, drink with him, discuss his future or watch him take to the field.” (Brian Deegan 2004)

A FATHER’S DECENT INTO HELL

A VICTIM’S HORROR

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The STOCKHOLM SYNDROME &

the HIJACK SYNDROME

• Both phenomena occur when a victim denies the danger he or she is in and forms a positive bond with the captors or hijackers.

• Four factors promote the Stockholm Syndrome:

The intensity of the experience, Its duration,

The dependence of the victim on the captor for survival, and The distance of the victim psychologically from authority

(Ochberg 1978; see also Fitzpatrick 2009).

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VICTIMS’ RIGHTS

VICTIMS’ RIGHTS

Rights of victims of terrorism

• International human rights

Equal and effective access to justice Appropriate remedies

Provision for reparation

For example

-• Covenant on Civil & Political Rights (eg Article 2)

• Declaration of Basic Principles of Justice for Victims of Crime & Abuse of Power (General Assembly resolution 40/34)

• Basic Principles & Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations (General Assembly resolution 60/147)

• Set of Principles for the Protection & Promotion of Human Rights through Action to Combat Impunity (E/CN.4/2005/102/Add.1)

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VICTIMS’ RIGHTS

VICTIMS’ RIGHTS

Rights of victims of terrorism

• Responding to the needs of victims of terrorism:

Inform them of their role & responsibilities in the criminal justice process; progress of the

investigation & prosecution.

Allow their views and concerns to be presented & considered at appropriate stages in criminal proceedings.

Provide assistance to them throughout the criminal justice process.

Minimise inconvenience to them, protect their privacy & take steps to maintain their safety. Avoid unnecessary delay in criminal proceedings &

in executing court or other orders grant in their favour.

Offer them material, medical, psychological and social assistance.

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A THEORETICAL FRAMEWORK

A THEORETICAL FRAMEWORK Psycho-social Coping

• General theory for understanding all types of victimisation and facilitating recovery

Adaptively?

Maladaptively?

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• Psychological

• Capacity to tolerate stress • Prior trauma history

• Socioeconomic and educational level

• Family stability • Social support • Female gender

THEORETICAL FRAMEWORK

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• Threat to life

• Severe physical harm or injury • Intentional harm or injury

• Exposure to the grotesque

• Violent or sudden death of a loved one • Witnessing or learning of violence to a

love one

(Green, 1993)

EFFECTS OF A CRIME

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Physical Thinking/cognitive Behavioural Emotional

nausea slowed thinking easily startled anxiety

appetite change disorientation jumpiness grief

hot / cold sensations distressing dreams crying / tearful anger

dizziness intrusive images hyper-vigilance numbness

rapid breathing poor concentration avoidance depression

body/muscle aches difficult problem-solving isolation irritability

upset stomach confusion social withdrawal guilt

profuse sweating memory problems family conflict sadness

headaches recurring nightmares fear

rapid/irregular

heartbeat reliving the event lost/overwhelmedfeeling

hyper-arousal disturbed thinking feeling isolated

sleep disturbances blaming someone desire to withdraw/hide

shock symptoms query spiritual beliefs agitation EFFECTS OF A CRIME

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• Physical & mental health consultation / treatment • Liaison with key agencies

• Psycho-education through media • Health & welfare services for

survivors, families etc

• Health & welfare services for responders

VICTIM ASSISTANCE

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• Normal reactions to an abnormal situation

• Avoid “mental health” terms and labels

• Assume competence and capability

• All who witness are affected

• Respect differences in coping

VICTIM ASSISTANCE

Key Concepts

• First, do no harm

• Assistance is practical and flexible

• Focus on strengths and potential

• Encourage use of support network • Tailor for active,

community fit

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• Direct to medical care, safety; shelter

• Protect from trauma, media, onlookers

• Connect to family, information, comfort

(Myers and Wee, 2003)

ASSISTING VICTIMS OF

TERRORISM

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• Provide comfort, empathy, an “ear: • Address physical needs

• Provide concrete information about what will happen next • Link to support systems

• Reinforce coping strengths

TERRORISM

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• Rapid assessment and triage

• Psychological first-aid • Crisis intervention

• Crime victim assistance

• Psycho-education

• Informational briefings

ASSISTING VICTIMS OF

TERRORISM

Immediate Interventions

• Community outreach • Participation in death

notifications • Mental health

consultation

• Debriefing and

community meetings • Information and

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• Promote safety and security

• Gently explore trauma experience • Identify priority needs and

solutions

• Assess functioning and coping • Provide: Reassurance

Psycho-education Practical assistance

ASSISTING VICTIMS OF

TERROSISM

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• Community outreach

• Counselling & therapeutic interventions

• Victim support

• Assistance for Victims of Crime • Psycho-education & awareness

raising

TERRORISM

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• Initiate contact at gathering sites • Set up 24-hour telephone hotlines • Outreach to survivors through

media, Internet

• Educate service providers • Use bilingual and bicultural

workers

(Office for Victims of Crime 2006)

ASSISTING VICTIMS OF

TERRORISM

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• Protect victims’ rights

• Ensure control over media contacts

• Provide criminal justice information

• Facilitate access to compensation • Prevent / reduce secondary

victimisation

TERRORISM

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• Regain a sense of safety and security

• Gain understanding of child’s unique experience of the trauma

• Gain understanding of actual events that have occurred

• Identify and express reactions and emotions • Grieve and cope with traumatic stress

• Resume age-appropriate roles and activities

(Pynoos and Nader, 1993; Vernberg and Vogel, 1993)

ASSISTING VICTIMS OF

TERRORISM

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• Recognise the importance of culture and respect diversity • Maintain a current profile of the cultural composition of the

community

• Recruit disaster workers who are representative of the community or service area

• Provide ongoing cultural competence training to disaster mental health staff

• Ensure that services are accessible, appropriate, and equitable

• Recognise the role of help-seeking behaviours, customs and traditions, and natural support networks

• Involve as “cultural brokers” community leaders and organisations representing diverse cultural groups

• Ensure that services and information are culturally and linguistically competent

• Assess and evaluate the program’s level of cultural competence

（Office for Victims of Crime 2000, 2006)

VICTIM ASSISTANCE - AN IMPORTANT

CONSIDERATION

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• Convey respect, good will, courtesy • Ask permission to speak with people • Explain role of mental health worker • Acknowledge differences in behaviour

due to culture

• Respond to concrete needs

(Paniagua, 1998; Young, 1998)

VICTIM ASSISTANCFE - AN IMPORTANT

CONSIDERATION

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• Sources of stress:

Exposure to trauma High-intensity tasks Environmental factors Organisational factors Individual factors

VICTIM ASSISTANCE PROVIDERS

AS VICTIMS

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“ The natural consequent behaviours and emotions resulting from knowing about a traumatic event experienced by a

significant other – the stress resulting from helping or wanting to help a

traumatised or suffering person.”

(Figley, 1995)

VICTIM ASSISTANCE PROVIDERS AS

VICTIMS

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VICTIMS OF TERRORISM – CLOSING

COMMENTS

Victims of terrorism suffer physical, emotional, and mental trauma.

The devastation an act of terrorism can inflict victim service providers with tasks, including:

facilitating immediate care counselling

compensation

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Terima kasi

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VICTIMS OF TERRORISM – Bibliography

• Arena, MP & Arrigo, BA (2006) The Terrorist Identity – Explaining the terrorist threat, New York University Press, New York, USA.

• Centre for Mental Health Services (2004) Mental Health Responses to Mass Violence and Terrorism, US Department of Health & Human Services, Rockville, MD, USA.

• Deegan, B (2004) Remembering Josh – Bali, a father’s story, Allen & Unwin, Sydney, Australia. • Dussich, J (2010) Psycho-social Coping Theory, Asia Post-graduate Course on Victimology,

Victim Assistance & Criminal Justice, TIVI, Tokiwa University, Japan.

• Figley, CR (2001) Treating Compassion Fatigue, Brunner Mazel, Philadelphia, USA. • Fitzpatrick, L (2009) A brief history of Stockholm Syndrome, Time

[http://www.time.com/time/nation/article/0,8599,1919757,00.html]

• Hamm, MS (2007) Terrorism as Crime – From Oklahoma City to Al-Qaeda and Beyond, New York University Press, New York, USA.

• Lindsay, P (2003) Back from the Dead – Peter Hughes’ story of survival and hope after Bali, Random House, Sydney, Australia.

• Ochberg, F. (1978) The Victim of Terrorism: Psychiatric Consideration, Terrorism: An International Journal, 1(2), pp147-167

• Office for Victims of Crime (2000) Responding to Terrorism Victims: Oklahoma City and Beyond, US Department of Justice, Washington, USA.

• Office for Victims of Crime (2006) Responding to Victims of Terrorism and Mass Violence Crimes: Co-ordination and Collaboration Between American Red Cross Workers and Crime Victim

Service Providers, US Department of Justice, Washington, USA. • Thottam, J (2008) ‘Domestic Violence’, Time, August 11, pp32-33.

• UNODC (2009) Delivering counter-terrorism assistance, Terrorism Prevention Branch, United Nations,