RESTORATIVE JUSTICE IN UKRAINE Nataliya Pylypiv Ukrainian Center for Common Ground
<ul><li>“ restorative justice ” </li></ul><ul><li>Not a concrete method or technique, </li></ul><ul><li>but rather approach to questions of crime and punishment . </li></ul>
Quantity of incarcerated per 1 00 000 * <ul><li>USA – 750-950 </li></ul><ul><li>Russia - 627 </li></ul><ul><li>Ukraine – 500 </li></ul><ul><li>UK - 151 </li></ul><ul><li>Canada – 120 </li></ul><ul><li>Germany – 88 </li></ul><ul><li>Japan – 63 </li></ul><ul><li>* Data as of 2010 </li></ul>
Sources of restorative justice <ul><li>Inefficiency of the criminal justice system </li></ul><ul><li>The whole system is based on rational. </li></ul><ul><li>Crimes are acts that are based on emotions. </li></ul><ul><li>1945 – Rehabilitation as the alternative to the model of punishment </li></ul>
Sources of restorative justice ( cont. ) <ul><li>1970 ’s – development of criminology , victimology </li></ul><ul><li>Traditional ways of solving conflicts </li></ul><ul><li>Christian values </li></ul><ul><li>( healing, forgiveness, responsibility, acceptance ) </li></ul>
Ideology of Restorative Justice <ul><li>Norwegian criminologist Nils Christie in his article “ Conflicts as property” analyzing western model of justice, came to a conclusion that “the state has ‘stolen’ from people opportunity to solve their conflicts. The main figures of proceedings became state and offender, instead of victim and offender.” </li></ul>
<ul><li>Restorative justice – a process, with the help of which the parties, involved in the crime jointly decide what to do with its consequences and what conclusions should be made for the future. Tony Marchal </li></ul><ul><li>Restorative justice is aimed at satisfying the needs of a victim and providing opportunity to all parties, involved in the process, to actively participate in it. </li></ul>
<ul><li>“ Restorative process” stands for any procedure, during which victim, offender, and other members of community that were influenced by the crime, jointly (with the help of just and uninterested party) participate in the solution of the problems that occurred after the offence. </li></ul><ul><li>Resolution of Economic and Social Council of UN “About main principles and restorative justice programs in criminal cases” as of 24/07/2002 </li></ul>
<ul><li>Restorative justice : </li></ul><ul><li>Supplements official criminal justice system </li></ul><ul><li>Involves the parties themselves and community in the process of resolving the consequences of crime </li></ul><ul><li>Facilitates social integration of the offender and decreases the numbers of criminal sentences </li></ul><ul><li>Is based on the desire to balance interests of victim and community with a need to integrate offender into society. </li></ul>
Short comparative analysis of traditional and restorative justice ( Howard Zehr )
Emotional release, renewal of relationship Tense, do not preserve Emotions, relationships Future Past Time orientation Acknowledge the responsibility, and carry out the voluntarily taking obligations before the other party Receive the sentence as “cure” To take responsibility means : Parties of the conflict Professional judges Who makes decisions? Cooperation Adversarial Character of the process Of primary importance Not very well considered Needs of victims Offender and victim State and offender Key figures Harm caused to specific people and the relationships between them Violation of the law Understanding of crime Restorative Justice Criminal Justice Criteria
Family conferences <ul><li>Based on the traditions of native inhabitants of New Zealand - maori . </li></ul><ul><li>Two key assumptions : </li></ul><ul><li>(1) Offenders feels stronger shame and own guilt, when in the process participate people who are significant for them – family members, who support them. </li></ul><ul><li>(2) Such support helps to take responsibility for own acts and evokes desire to amend harm caused. </li></ul>
Circles <ul><li>Wide involvement of community </li></ul><ul><li>The decisions are made only as a result of discussions and only if consensus is reached </li></ul><ul><li>A lot of attention is given to the emotions and unification </li></ul>
Victim – offender mediation <ul><li>The main goal of these programs is to organize a meeting between a victim and offender in case that was referred by investigator or judge. </li></ul><ul><li>The offender acknowledged a fact of committing a crime. </li></ul>
<ul><li>These programs appeared at the end of 70’s in the USA and the beginning of 80’s in Europe . </li></ul><ul><li>USA </li></ul><ul><li>Canada </li></ul><ul><li>Great Britain </li></ul><ul><li>Scandinavian countries </li></ul><ul><li>Today they are successfully functioning and are secured on the level of national legislation in Norway, Finland, UK, Austria, Germany, France. </li></ul><ul><li>Develop in Denmark, Sweden, Netherlands, Ireland, Spain, Italy. </li></ul><ul><li>At the end of 90’s introduction of these programs started in Eastern Europe, Poland, Ukraine, Russia. </li></ul>
<ul><li>“ mediation in criminal cases should be understood as the search of acceptable decision between victim and offender with a help of a competent person, before or during criminal court proceedings.” </li></ul><ul><li>Framework decision of Council of Europe as of 15/03/2001 “About the place of victims in criminal proceedings”. </li></ul>
Mediator <ul><li>Does the preparation and facilitates the meeting </li></ul><ul><li>Is neutral </li></ul><ul><li>Main goal- help the parties to reach mutual understanding . </li></ul>
Procedure of mediation <ul><li>Two parties tell about their version of events </li></ul><ul><li>Talk about their feelings and how the crime influences their lives </li></ul><ul><li>Every party has a right to ask questions </li></ul><ul><li>Together decide what to do with the consequences of crime . </li></ul><ul><li>If the agreement is reached, the parties sign a mediation agreement, which most often is a decision about material compensation. ( Is not the only option. Sometimes offender may agree to work for the victim, or sometimes victims ask offenders to work for community). </li></ul>
Basic principles of restorative programs <ul><li>Realization of own guilt, taking the responsibility and restitution of caused harm. Victims and their needs should become central in the process, as harm is caused to a specific person. </li></ul><ul><li>Self determination of parties – desire of people to solve conflict – delegate to people a right to make decisions. </li></ul><ul><li>Involvement of the nearest social surrounding and representatives of community, which facilitates healing of a victim and helps on offender to redo the caused harmed and change the behavior in the future. </li></ul><ul><li>Voluntarily participation. </li></ul>
Legal aspects of restorative justice programs implementation <ul><li>International legislation – key principles </li></ul><ul><li>UN Convention on the Rights of a Child </li></ul><ul><li>Guiding UN principles regarding crime prevention among juveniles ( 1990) </li></ul><ul><li>Minimal UN rules regarding juvenile justice ( 1985) </li></ul><ul><li>UN rules regarding protection of juveniles, who were incarcerated (1990) </li></ul>
International acts that regulate restorative programs <ul><li>Recommendation № R(99)19, approved by the Council of Europe Committee of Ministers on 15/09/1999. </li></ul><ul><li>Framework decision of European Union from 15/03/2001 “About place of victims in the criminal proceedings”. </li></ul><ul><li>Resolution of UN Economical and Social Council “About basic principles of restorative justice program in criminal cases” since 24/07/2002 . </li></ul>
LEGISLATION IN UKRAINE <ul><ul><li>Criminal code norms: </li></ul></ul><ul><ul><li>Article 105. Discharge from punishment subject to compulsory correctional measures. </li></ul></ul><ul><ul><li>Article 104. Discharge from punishment on probation. </li></ul></ul><ul><ul><li>Article 45 & 46. Discharge from criminal liability in view of effective repentance and Discharge from criminal liability in view of reconciliation of the offender and the victim. </li></ul></ul><ul><ul><li>Article 47. Discharge from criminal liability in view of admission by bail. (organization, institution, company) </li></ul></ul>
Practice in Ukraine 2002 – the restorative programs started to be used in Ukraine in civic, economic conflicts Since 2003 – mediation in criminal cases. 2004 – 2010 – concept of “restorative practice centers in communities” ; Cooperation with legal system and local authorities. Education programs on restorative justice.
15 restorative practice centers in communities
Number of referred cases 2004-2011 Center Period of activity Number of mediations Bila Tserkva 2006 – till now 68 Simferopol 2004-2006 80 Krasnogvardijeske 2005- till now 63 Pyryatyn 2008- till now 21 Drohobych 2006 – till now 36 Ivano-Frankivsk 2004 – till now 23 Zhmerynka 2006 – till now 40 Kharkiv 2007- till now 33 Total 2004-2011 364
Effect on offenders - mediation allows understanding their act better; comprehend the harm they have caused to the victim, take responsibility for the committed. - since 2006 no cases of recidivism or repeated crimes have been revealed among the offenders who participated in mediation.
Effect on victims : - restores and heals; - gives possibility for quick and full material restitution of the harm caused, renewal of the feelings of security, protection and control over own life. - all concluded mediation agreements were fulfilled within one month after mediation. The amount of the material compensation is between 1000-1500 UAH.
“ referring a case, I hope that after mediation these children will never come to court again – and that is really what we have observed. Only when all of them (offenders, victims and their support parties) get together to discuss everything, it is possible to talk about real result. After mediation victims are not afraid to walk on the streets, because nobody threatens them; and offenders really understand the committed act. In the court proceedings everybody operates with articles of Criminal and Criminal Process Code – and nobody understands anything. In mediation everything is different”. Head of the court in Bila Tserkva , Volodymyr Sanin
“ Not all children that end up in police are bad. Very often they were pushed by difficult life circumstances… That is why it is important to give them second chance . They understand the committed much better if they meet with victims. You will not believe it! But after successful mediation is completed – I can sleep calmly, because I know that for this offender we have done everything we could to help him improve ". Investigator of juvenile crime police in Krasnogvardijsk , Heraschenko Eugene
“ After restorative programs we did not have any repeated crimes. Even those who seemed hopeless now are studying or working”. Head of Juvenile Crime police, Zhmerynka, Sychyk Andriy “Mediation is not easy. I and my son felt so ashamed and rather uncomfortable... But after mediation my son totally changed! As if someone just replaced him! His studies at school improved, he does not have behavioral problems anymore, he became more attentive to me and others, he even started to help me at home.” Mother of offender
Local authorities' representatives are confident that not only it is the way to react to the offences and prevent them, but also the possibility to from active community that is able to unite for solving any problems.
J’atends by Michael T. Weiss THANK YOU FOR YOUR ATTENTION!
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