ORGANISED STALKING: A CRIME
Legal Implications
Universal Declaration on Human Rights
Article 3.
Everyone has the right to life, liberty and security of person.
Article 5.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 8.
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Article 12.
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
Article 19.
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Article 22.
Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Article 24.
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
Article 25.
(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
Article 28.
Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
The illegality of these actions does not need much explanation; here are some main provisions.
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Article 2.
1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.
Article 4.
1. Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture.
2. Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature.
Article 5.
1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 4 in the following cases:
(a) When the offences are committed in any territory under its jurisdiction or on board a ship or aircraft registered in that State;
(b) When the alleged offender is a national of that State;
(c) When the victim is a national of that State if that State considers it appropriate.
Article 6.
1. Upon being satisfied, after an examination of information available to it, that the circumstances so warrant, any State Party in whose territory a person alleged to have committed any offence referred to in article 4 is present shall take him into custody or take other legal measures to ensure his presence. The custody and other legal measures shall be as provided in the law of that State but may be continued only for such time as is necessary to enable any criminal or extradition proceedings to be instituted.
2. Such State shall immediately make a preliminary inquiry into the facts.
Article 7.
1. The State Party in the territory under whose jurisdiction a person alleged to have committed any offence referred to in article 4 is found shall in the cases contemplated in article 5, if it does not extradite him, submit the case to its competent authorities for the purpose of prosecution.
Article 12.
Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.
Article 13.
Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.
Article 14.
1. Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependants shall be entitled to compensation.
Article 20.
1. If the Committee receives reliable information which appears to it to contain well-founded indications that torture is being systematically practised in the territory of a State Party, the Committee shall invite that State Party to co-operate in the examination of the information and to this end to submit observations with regard to the information concerned.
United Kingdom Legislation
In the United Kingdom a range of prohibitions exist, including:
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Protection from Harassment Act (1997)
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Protection of Freedoms Act (2012)
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Crime and Disorder Act (1998)
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Criminal Justice and Police Act (2001)
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Domestic Violence, Crime and Victims Act (2004)
Protection from Harassment Act 1997:
1. Prohibition of harassment.
(1) A person must not pursue a course of conduct—
(a) which amounts to harassment of another, and
(b) which he knows or ought to know amounts to harassment of the other.
2. Offence of harassment.
(1) A person who pursues a course of conduct in breach of [section 1(1) or (1A)] is guilty of an offence.
(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.
2A. Offence of stalking.
(1)A person is guilty of an offence if—
(a)the person pursues a course of conduct in breach of section 1(1), and
(b)the course of conduct amounts to stalking.
(2)For the purposes of subsection (1)(b) (and section 4A(1)(a)) a person's course of conduct amounts to stalking of another person if—
(a)it amounts to harassment of that person,
(b)the acts or omissions involved are ones associated with stalking, and
(c)the person whose course of conduct it is knows or ought to know that the course of conduct amounts to harassment of the other person.
(3)The following are examples of acts or omissions which, in particular circumstances, are ones associated with stalking—
(a)following a person,
(b)contacting, or attempting to contact, a person by any means,
(c)publishing any statement or other material—
(i)relating or purporting to relate to a person, or
(ii) purporting to originate from a person,
(d) monitoring the use by a person of the internet, email or any other form of electronic communication,
(e) loitering in any place (whether public or private),
(f) interfering with any property in the possession of a person,
(g) watching or spying on a person.
3A Injunctions to protect persons from harassment within section 1(1A)
(1)This section applies where there is an actual or apprehended breach of section 1(1A) by any person (“ the relevant person ”).
(2)In such a case—
(a)any person who is or may be a victim of the course of conduct in question, or
(b)any person who is or may be a person falling within section 1(1A)(c),
may apply to the High Court or [the county court] for an injunction restraining the relevant person from pursuing any conduct which amounts to harassment in relation to any person or persons mentioned or described in the injunction.
Legal Procedure
The Police
Crimes are usually reported in the first instance to the police.
As stated on the Police.co.uk website:
"If you've been the victim of a crime or think you have witnessed one, you should report it to the police straight away. Your information could be used to prevent other crimes and help keep other people safe".
The page entitled 'Report a Stalker' states:
"Contact the police if you’re being stalked - you have a right to feel safe in your home and workplace. Stalking is illegal and can include being followed or constantly harassed by another person"
It also lists support organisations including:
Network for Surviving Stalking
On the page After a crime: your rights, it says:
"You have the right to contact the police and be kept informed about the investigation if you’ve been the victim of a crime.
During the police investigation
While the police are investigating the crime, they’ll give you an update on the case at least once a month until it’s closed. The police will tell you if they can’t investigate the crime within 5 days of you reporting it. They will also tell you why they’ve dropped their investigation. You may be able to get information quicker and have other rights if you’re the victim of a serious crime, have been persistently targeted or are considered vulnerable or intimidated."
(*Clearly, police protection is particulary important regarding crimes against humanity).
"Crown Prosecution Service (CPS)
When the police have finished their investigation, they can pass the information to CPS who then decide if there’s enough evidence to take the case to court.
Privacy
The police might give some information about the crime to the media to help with the investigation. They’ll normally ask your permission before they do this.
Further information
The Victim’s Code has full details of how the CPS and police and other organisations should treat you if you’re the victim of crime".
The page: Statutory guidance: The code of practice for victims of crime and supporting public information materials has a number of documents related to what victims of crime can expect from the police. The Code of Practice for Victims of Crime states:
"Enhanced entitlements are provided to victims of the most serious crime, persistently targeted victims and vulnerable or intimidated victims p 1.
You are entitled to receive services under Code if you have made an allegation to the police that you have suffered harm (including physical, mental or emotional harm or economic loss) which was directly caused by a criminal offence p 4.
You are entitled to access victim support services at any time, whether you have reported a crime or not, and after the conclusion of the investigation and prosecution p 4.
You are eligible for enhanced entitlements under this Code as a victim of the most serious crime if you are a close relative bereaved by a criminal offence, a victim of domestic violence, hate crime, terrorism, sexual offences, human trafficking, attempted murder, kidnap, false imprisonment, arson with intent to endanger life and wounding or causing grievous bodily harm with intent. Additional enhanced entitlements that are available for bereaved close relatives are identified separately at various stages of this Code. Persistently targeted victims p 14.
You are eligible for enhanced entitlements under this Code as a persistently targeted victim if you have been targeted repeatedly as a direct victim of crime over a period of time, particularly if you have been deliberately targeted or you are a victim of a sustained campaign of harassment or stalking p 14."
The United Nations
The United Nations Committee Against Torture (CAT) is the body of 10 independent experts that monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by its State parties.
