An Introduction to the Center for Victim and Human Rights ...cvhr.org/Injustice Anywhere - An Introduction to the CVHR - Website.pdf · About the CVHR What is the Center for Victim

An Introduction to the Center for Victim and Human Rights, Corp. (“CVHR”)

Copyright (c) Center for Victim and Human Rights 2009. Reproduction or use of this document is

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“I awoke early that Saturday morning to find our apartment engulfed in smoke. Prabhat and I quickly tried to leave our apartment but found ourselves trapped by intense flames outside on our balcony, and thick, choking smoke inside. As we both tried to find a way out, I heard Prabhat on the phone trying to call emergency services. I was standing next to him when he collapsed and I tried to flee. After a desperate search, I managed to find the door to the apartment; I decided to try and escape but was unsuccessful. I made it to the second floor landing of the stairwell and fell unconscious. I recall having been carried out on a gurney by emergency personnel, and I will never forget the words of one of the rescuers…”


“This guy has been burned all over his body. He has no chance!”

- Manoj. Survivor of an apartment fire, which was set deliberately in 2005


Investigators later learned that the fire was an act of arson, intended to murder another resident of the complex.


Three bodies, including that of an infant, were found in the debris. Many suffered injury and had to be hospitalized.

Manoj spent almost six months in a coma and has undergone more than 40 surgeries.


Crime Victimization

The U.S. Department of Justice, Office for Victims of Crime estimates: Homicide: One person is murdered every 31

minutes. Rape: One person is raped approximately

every two minutes. Domestic Violence: One woman is victimized

every 52 seconds and one man is victimized every 3.5 minutes.


Elder abuse: One elderly person is victimized by a violent crime every 4.2 minutes.

Identity Fraud: One person becomes a victim every 4.9 seconds.

Hate crimes: One hate crime is reported to the police every 69 minutes.

- Source: U.S. Department of Justice, Office for Victims of Crime, “Crime Clock” Statistics, based on 2007 statistics.


About the CVHR

What is the Center for Victim and Human Rights (CVHR)?

The CVHR is a nonprofit, 501 (c)(3), legal services organization. Our mission is to make the victim as whole as possible. By the term “victim” we mean any person who has suffered injury as a result of a criminal act or a human rights violation. The phrase “as whole as possible” goes to our core values that we seek to return the victim to their status before the criminal act or human rights violation occurred.


Important to understand is that we are focused on balancing justice. While we will advocate for our clients, we are not committed to disproportionate or unjust enrichment or to advocate for our client at the expense of another’s Constitutional, civil, or human rights.


The words of Dr. Martin Luther King Jr., written in his famous “Letters from Birmingham,” serve as the epitome of our guiding principles and are inscribed on our seal.

“Injustice anywhere is a threat to justice everywhere.”


How does the CVHR work toward this mission?

The CVHR works toward the objectives of this mission through the work of two units: the legal services unit (LSU) and the policy, education, and research unit (PERU). The LSU provides direct legal services to the victim. That is, it creates an attorney-client relationship between the CVHR and its clients in the course of representation in actual proceedings. The PERU engages in policy research and analysis by examining legal and non-legal trends in the areas of crime victim and human rights. The PERU is also responsible for engaging in educational outreach to governmental and non-governmental organizations about these same issues.


Why crime victim and human rights? What is the connection?

From a legal perspective, a crime is an intentional act or one committed knowingly that is prohibited by law and has a punitive aspect to the prohibition. A human right is a right granted by the State (positive right) or is a right to which the State may not interfere (negative right). There are many legal sources for human rights; however,…


for purposes of the CVHR, if the right is not found in international or domestic law, we will not consider the right enforceable. Also, violations of human rights laws do not always result in punitive sanctions.

While there may be a legal distinction between a crime and a human right violation, the practical effects to the victim of either are similar.


The StructureWhat can the CVHR do?


Legal Services

Unit (LSU)

Policy, Education, and Research Unit (PERU)

-The organizational structure is such that CVHR operations is comprised of two units: the legal services unit (LSU) and the policy, education, and research unit (PERU).


The LSU is divided into a Crime Victim Rights Program and a Human Rights Program. Each of these have separate projects that define the activities of each program. Notice the overlap with regard to the immigration and appellate projects for both programs. This is allows fluidity between the two programs such that staff resources can be easily redirected to maintain efficiency and quality with regard to client representation.

The LSU


The LSU


Criminal Court Project

•Liaise with law enforcement and prosecutors.•Represent client’s interests in plea negotiations vis-à-vis restitution computations and assistance in victim impact statements.•Accompany clients to interviews and hearings.•Assist in preparation and presentation of victim compensation board petitions.•Provide other legal services as deemed necessary to protecting the victim and making them as whole as possible.

Appellate Project

•File appeals related to federal or state crime victim rights issues.• Examples include issues that implicate the federal Crime Victim

Rights Act, or the Victims of Crime Act, or other federal or state crime-victim statutes.

Immigration Project

•File petitions or applications that are specific to crime victims.•Examples include petitions or applications under the U-visa, T-

visa, or Violence Against Women Act (VAWA) petition.

Services Provided within the Crime Victim Rights Program


Shadow Reporting Project

• Create coalitions with other nongovernmental organizations to Investigate, analyze, and report whether State parties to specific human rights treaties have established and maintain mechanisms for implementing their obligations under the specific treaty.

Appellate Project

• File appeals related to federal or state human rights issues.• File amicus curae briefs in support of appeals promoting human and

civil rights.

Immigration Project

• File petitions or applications that are specific to human rights abuse victims.

• Examples include petitions for asylum based on a credible fear of persecution.

Services Provided within the Human Rights Program


How do you decide which clients to represent?

Each case is unique. Substantively, we will try to determine what specific violation has occurred and whether there is a legal remedy that is appropriate to the situation. This encompasses a review of whether there is criminal-law remedy, civil remedy, and/or immigration remedy. In addition, our determination to assume a case will depend on available resources to commit to that case (i.e., grant and funding priorities). In some instances, we may suggest a fee-sharing arrangement with a client whereby some of the costs are assumed by the client and some are born by the CVHR through our general operating fund. However, this will be accomplished only upon agreement by the CVHR through express approval by the Executive Director and the client.

The Operation


Procedurally, we ask all clients who contact us to complete an intake questionnaire. We then follow up with an interview with the client to obtain further information or to discuss whether the CVHR will represent the client and the scope of that representation. We make it clear that no attorney-client relationship exists until a formal agreement is signed by both the CVHR and the client. However, the CVHR maintains a privacy policy that protects all information conveyed to us. All information relayed to us by the client is kept confidential unless we are compelled to reveal that information by court order or under the rules of professional conduct.


Does the CVHR provide psychological or social services?

No. We do not provide psychological or social services to clients. Instead, we will use a Social Services Coordinator (SSC) who will conduct outreach and coordinate with providers of such services that are local to the client. The role of the SSC is create an informational bridge between the CVHR staff that is responsible for providing legal representation to the client and the psychological and social services providers.


How is the CVHR financially supported?

As a 501 (c)(3) organization, the CVHR intends to pursue funding through three main sources: grants (foundational and governmental), monetary donations and fundraisers, and special project funding.

Special project funding occurs where an agreement exists between the CVHR and another nonprofit organization whereby funds procured through a grantor are shared between the two organizations. The CVHR maintains a strict conflict of interest policy that prohibits us from working on special projects that violate the legal principles of section 501 (c)(3) of the Internal Revenue Code, or to the exclusive benefit of one or more Board Director or any member of the CVHR staff.


Do clients pay for services and if not, why?

Generally, no. The majority of the time, any expenses paid in the course of representing a client will arise from either monies specifically dedicated to that type of project (i.e., grant or special project funding) or through funds from a general overhead fund.

However, in some cases, the CVHR will enter into a fee-sharing agreement with the client. However, these are determined on a case-by-case basis and only through express authorization by the Executive Director.


The decision to not charge fees for services was two-fold:

1.) We wanted to focus on those in most need of access to the justice system, and

2.) We wanted to be able to focus on the issues in a case rather than on the billability of a case. This would, in theory, allow us the opportunity to focus on the cases that raise important questions and/or address issues that could not be addressed due to cost by private counsel.


How does the CVHR receive cases?

Cases may reach us through referral from other legal organizations or may be through direct contact via our website. In some cases, clients have walked-in; however, we generally encourage clients to contact us through our website or via phone.


Would the CVHR work with other legal organizations or firms?

Yes. The CVHR would work with other legal entities or law firms in two capacities. First, the CVHR is in the process of creating a pro bono program that would allow cases from the CVHR to be referred to a specific law firm’s pro bono program. Second, the CVHR will maintain a case referral system that would allow firms to refer potential cases to the CVHR and vice versa.


On the ground….

How does the CVHR help someone like Manoj?

In Manoj’s case, we assisted in the petitioning for a U-visa, a special visa provided by the federal government, to allow Manoj to stay in the United States, assist in the prosecution of the criminal case, and continue his medical treatment. We have also applied and received work authorization, which allows Manoj to attend school and obtain employment. Eventually, Manoj will be able to adjust his status and become a permanent resident in the United States so he can continue his medical treatment and repair his life.


Manoj’s case represented the CVHR’s first case of direct involvement in working toward making the victim as whole as possible. Since Manoj’s case, the CVHR has been working with victims of domestic violence, felony-battery, bonded-labor trafficking, and witness intimidation.


The CVHR is only one of a few organizations in the Midwest that provides, comprehensive and direct legal services to victims of domestic and international crime, and victims of human rights abuses.


Currently, we maintain a broad caseload. We also are initiating a shadow reporting project. However, our ability to continue serving these populations and to work in these arenas is dependent on our ability to increase our resources and linkages with the external legal community.


“Making the victim as whole as possible and beyond”

Please help support our work through either a financial contribution or a contribution of your time by volunteering.

www.cvhr.org

Please also follow us on Facebook, by becoming a fan, by typing in “Center for Victim and Human Rights”.

http://www.cvhr.org/�http://www.cvhr.org/�

Or contact us….Mail:

Center for Victim and Human Rights201 N. Illinois Street, South TowerIndianapolis, IN 46204Phone: (317) 610-3427

E-mail: [email protected]


THANK YOU


“Injustice Anywhere....”Slide Number 2Slide Number 3Slide Number 4Slide Number 5Crime VictimizationSlide Number 7About the CVHRSlide Number 9Slide Number 10Slide Number 11Slide Number 12Slide Number 13The StructureSlide Number 15The LSUThe LSUSlide Number 18Slide Number 19Slide Number 20The OperationSlide Number 22Slide Number 23Slide Number 24Slide Number 25Slide Number 26Slide Number 27Slide Number 28On the ground….Slide Number 30Slide Number 31Slide Number 32“Making the victim as whole as possible and beyond”Slide Number 34Slide Number 35

Documents

An Introduction to the Center for Victim and Human Rights ...cvhr.org/Injustice Anywhere - An Introduction to the CVHR - Website.pdf · About the CVHR What is the Center for Victim