Michael O’Connell Commissioner for Victims’ Rights TIVI & University of Indonesia July 2011

1. Victims of Terrorism Michael O’ConnellCommissioner for Victims’ RightsTIVI &University of IndonesiaJuly 2011

2. Carbombing – suicide bombing – abduction – smuggling – hostage taking – kidnapping - homicide – mass violence – hijacking – money laundering (UNODC 2009) • Terrorism as a crime – from a victimological point of view

3. 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 important in the context of victimisation.

4. 'One person's terrorist is another person's freedom fighter' '...terror is often at its bloodiest when used by dictatorial governments against their own citizens.'

5. 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. • Académie Française in 1798, used the word to describe the 'system or rule of terror'.

6. 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. • Today, there would be more definitions.

7. 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. • Was this terrorism?

8. February 19, 07 Train for Pakistan 66 killed July 11, 06 Mumbai 180 killed July 26, 08 Ahmedabad 45 killed • 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’?

9. 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 consequences of describing someone as a terrorist, or an action or omission as terrorism.

10. 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 International Convention for the Suppression of Terrorist Bombings.

11. DEFINING TERRORISM • A general approach would describe terrorism by reference to certain criteria such as intention, motivation, and so on.

12. 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. • Between 1963 – 1999, twelve international conventions were endorsed that address particular terrorist acts, such as aircraft hijacking and diplomatic hostage-taking.

13. 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. • [http://www.un.org/terrorism/]

14. 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.” [18 U.S.C. 3077]

15. Australian definition of terrorism: • Violence intended to further a “political, religious or ideological cause” through intimidation AND • Specific examples, for instance tampering with electronic systems.

16. 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. Adapted from Centre for Mental Health Services (2004)

17. 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?THE VICTIM

18. VICTIMOLOGY • What have we learnt about: • Role of theory? • Effects of a traumatic event or incident? • How can we use what we have learnt to improve our understanding of terrorism from a victim’s point of view?

19. SOURCES OF VICTIMISATION Human-Caused v Natural Disasters • Cause • Appraisal of Event • Psychological Impact • Subjective Experience • Worldview / Basic Assumptions • Stigmatisation of Victims • Media • Secondary Injury

20. WHO IS A VICTIM? Who is affect by terrorism?

21. A VICTIM’S HORROR “I had a feeling that I have never had before and I thought something was wrong with me … A shock went through my body … then the electricity went off and then there was an explosion … The first thing Jase said was ‘Oh, I can’t see!’ because the flames had shut his eyes and his eyelashes were welded together. The he said, ‘Help me, I’m on fire.’ (Mick Martyn, in Lindsay 2003) “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

22. 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). • Hijack Syndrome likewise is promoted by the nature of the experience and its duration, as well as either a victim’s gratitude towards the hijackers for not resorting to violence against him or her, a victim’s sense of adventure and personal publicity, or a victim’s identification with the hijacker and/or the hijacker’s cause (Time 1976; Fattah 1991).

23. VICTIMS’ RIGHTSRights 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) • Convention against Transnational Organised Crime (eg Articles 24 & 25) • Convention against Corruption (eg Article 32)

24. VICTIMS’ RIGHTSRights 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. • Offer them restitution and compensation

25. A THEORETICAL FRAMEWORKPsycho-social Coping • General theory for understanding all types of victimisation and facilitating recovery • Adaptively? • Maladaptively? • (Dussich 2010)

26. THEORETICAL FRAMEWORK Factors that affect Risk and Resiliency • Psychological • Capacity to tolerate stress • Prior trauma history • Socioeconomic and educational level • Family stability • Social support • Female gender

27. EFFECTS OF A CRIME TraumaticExposure • 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)

28. EFFECTS OF A CRIME - TraumaticExposure

29. VICTIM ASSISTANCE Crisis Response • 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

30. VICTIM ASSISTANCE Key Concepts • 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 • First, do no harm • Assistance is practical and flexible • Focus on strengths and potential • Encourage use of support network • Tailor for active, community fit • Be innovative in helping

31. ASSISTING VICTIMS OF TERRORISM On-Scene Interventions • Direct to medical care, safety; shelter • Protect from trauma, media, onlookers • Connect to family, information, comfort (Myers and Wee, 2003)

32. ASSISTING VICTIMS OF TERRORISM Aims of Psychological First-Aid • Provide comfort, empathy, an “ear: • Address physical needs • Provide concrete information about what will happen next • Link to support systems • Reinforce coping strengths

33. ASSISTING VICTIMS OF TERRORISM Immediate Interventions • Rapid assessment and triage • Psychological first-aid • Crisis intervention • Crime victim assistance • Psycho-education • Informational briefings • Community outreach • Participation in death notifications • Mental health consultation • Debriefing and community meetings • Information and referral

34. ASSISTING VICTIMS OF TERROSISM Key Objectives • Promote safety and security • Gently explore trauma experience • Identify priority needs and solutions • Assess functioning and coping • Provide: Reassurance Psycho-education Practical assistance

35. ASSISTING VICTIMS OF TERRORISM Long-Term Interventions • Community outreach • Counselling & therapeutic interventions • Victim support • Assistance for Victims of Crime • Psycho-education & awareness raising

36. ASSISTING VICTIMS OF TERRORISM Community Outreach • 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)

37. ASSISTING VICTIMS OF TERRORISM Primary Functions • Protect victims’ rights • Ensure control over media contacts • Provide criminal justice information • Facilitate access to compensation • Prevent / reduce secondary victimisation

38. ASSISTING VICTIMS OF TERRORISM Tasks for Psychological Recovery • 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)

39. VICTIM ASSISTANCE - AN IMPORTANT CONSIDERATION Cultural Competence • 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)

40. VICTIM ASSISTANCFE - AN IMPORTANT CONSIDERATION Basic Cultural Sensitivity • 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)

41. VICTIM ASSISTANCE PROVIDERS AS VICTIMS Vicarious Trauma • Sources of stress: • Exposure to trauma • High-intensity tasks • Environmental factors • Organisational factors • Individual factors

42. VICTIM ASSISTANCE PROVIDERS AS VICTIMS Compassion Fatigue “ 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)

43. 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 The victims’ rights and needs should not be overlooked.

44. Terima kasi Selamt siang

45. 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, • United Nations Terrorism [http://www.un.org/terrorism/]