Restorative Justice
Key Principles
Restorative justice empowers victims and gives them a voice, allowing them to have a greater role in the process.
The following principles apply:
Voluntary participation
The process shall only begin if all parties agree. Moreover, everyone has the right to abandon the programme. All decisions must be informed.
Future looking
Aiming to depoliticise the crimes and go beyond the suffering, the goal for restorative justice is to look ahead, and understand what can be done to ensure no repetition of the harm, provide closure and enable healing and reconciliation.
Accessibility
Restorative processes follow non-discriminatory rules throughout, and should be available to those affected by conflict and harm.
Respect
The dignity of all those involved needs to be respected. This means that everyone deserves to be heard, valued, and treated in accordance with legal standards and procedural integrity.
From violence to dialogue
The purpose of restorative led efforts is to open the space for a respectful dialogue and exchange, that goes further than the focus on the harm and the violence, to build mutual trust and promote reconciliation.
Need for support and guidance on the process
The involved parties must be supported throughout the process. It’s important for both parties at the preparation stage. In some instances, enrolling in the restorative justice process can have legal implications (depends on national legislation).
Consequently, Restorative Justice is often framed within the 5 Rs domain, namely:
Key Values
Honesty
Respect
Confidentiality
Recognition
Empowerment
Cohesion
Key Modalities
Victim-Offender Mediation
Circles
Conferences
Truth
and Reconciliation
Consequently, different approaches and models can be devised, which can adopt varying levels of restorative principles
(retrieved from Biffi, 2021, The potential of restorative justice in cases of violent extremism and terrorism)
However, the different classifications do not propose any hierarchy of practices.
In Action
Restorative Justice in Cases of Hate and Extremism
Due to the nature of hate crime, its victims are often left in especially vulnerable situations, being twice as likely to suffer from anxiety, fear and difficulty sleeping than victims of other types of crime.
Moreover, considering hate crime often targets collective identities, its impact can spread out to communities who share the same features.
With these factors in mind, and considering how victims of hate crime struggle to find all the support they need through regular criminal justice proceedings, complementary solutions and opportunities can be retrieved through restorative-led approaches, aiming to:
→ Repair the harm;
→ Promote bridges between the victim and the community;
→ Challenge prejudices and biases (Kazi, n.d).
The Sussex Hate Crime Project
Case Study
The Restore DiverCity Programme
In the UK, such has already been implemented, with the Sussex Hate Crime Project.
The programme, also know as Restore DiverCity, aims to give a voice to victims of hate crime, educating those who caused the harm towards change.
Support Without Legal Action
The programme works for victims who do not wish to engage with the criminal justice system, yet want to address the harm they suffered.
Flexible and Supported Participation
Victims can participate in person or through recordings, assisted by trained professionals.
Proven Benefits for Both Parties
Positive outcomes have been assessed, both in less re-offending, but also in the ways victim overcame their suffering.
In Practice:
Applying Restorative Justice in Cases of Extremism
Regarding violent extremism, restorative justice frameworks have also been used, even if with some controversy, due to erroneous ideas on the practices and solutions promoted.
Despite these difficulties, restorative justice practices have been used in extremist and terrorist contexts in the Basque Country, Italy and Northern Ireland, ranging in scope and activities, leading to some key lessons:
Ensure Voluntary Participation
To ensure the correct use of restorative justice in cases of violent extremism, attention and efforts must be paid to the preparation stage, aiming to ensure the voluntary nature of the process and understand the motivations behind it.
Emphasise Individual Accountability
Individual accountability must be sought after, recognising the harm caused to the victims.
Center the Process on Personal Needs and Motivations
Efforts must follow a bottom-up approach, deriving from individual needs and motivations.
Focus on Future Community Impact
Despite serving to acknowledge the harm, the use of restorative justice in these cases must promote a focus on the future, reflecting the impact for communities.
Recognise the Uniqueness of Each Case
Each process is unique, hardening the establishment of a toolkit of best practices to follow or adopt.
Respectful Guidance for a Complex Process
Despite its potential positive outcomes, in reality, restorative justice is a difficult choice, especially as it entails meeting (directly or indirectly) the other side of the harm.